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DEED OF TRUST 200213352 Loan No: 34623 (Continued) Page 3 Title. Trustor warrants that: (a) Truster holds good and marketable title of nroord to Me Prr,"my In fee simple, free and dear of all Ilene and ancumbrances other than those at forth In Ice Real Property description or in tiny title nsumnce policy, title regain, or final title opinion Issued in favor of, and acceptnd by, Lender In vonri splbn with this Dead of Trust, are] (b) f rustor has the full right, power, and authority to execute and deliver this Dead of Trust to Lender. Defense of Title. Subleet to Ifs exception in the paragraph above, Trustor warrants and o i forever defend the litho to the Property against the lawful claims Mall persons. In the event any action or proceeding is co n rmnced that questions Thalami file or Pte interest of Trustee w Lender under this Dead of Trust, Trustor shall defend the sell. at Trustor. expanse. Tnu'd0r may be Pre nominal parry in such proceeding, but Lerxler shalt be entitled to remainder in the proceeding and to be represented in the pw. : :ading by counsel of Lender's own cables, and Trustor will deliver, or arise to be delivered, to Lender such Instruments as Lander may request from time to time to Permit such parboupaGai. Compliance With Laws. Truster warrants that the Property and Trotter's use of the P.opbrty complies with ell existing applicuba laws, ordinances, and regulations of govenmeaW authorities. Survival of Promises. All promises, agreements, and statements Trustor has made in vet: Deed of Trust shall survive the StecNion and delivery of this Dead of Trust shall be connuing In nature and .hall remain re full lowo and effect until such time as Borrower's Indebtedness is pakl In flatl. CONDEMNATION. The fallowing provisions mlaWry to aondemnatlon proceedings era a all el rs Deed of Truss Proceedings. If any proceeding in coadermauou Is fled Toaster shall promptly notify Lend s In writing, and Trustor shall promptly lake slash steps as may be necessary to defend the action and obtain me award Trustor may be It, nominal party in such proceedlrp, but Lender shall be entitled to participate in the proceeding and to be represented in the proceedlnq by counsel of its own choice, aim Trustor will deliver or cause to be delivered to Lender such Instruments and documentation at may bu requested by Lender from time to time to permit such participation. Appliwllon of Net Proceeds. If all of any part of the Property is condemned by emim. ,t domain pmceedhgs or by any proceeding or purchase in lieu 0 condemnation, Lender may at Its election require that all or any portion of the net proceeds of the Award be applied io the InW,holaess or the repair or restoration of the Property . The net proceeds of Ice am a anall mean Me award after payment of all reasonable costs, expenses, and attorneys toes incurred by Trustee or Lender in banner with the cordemdefien. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. Tim clews, provisions relating to govemtnonral taxes, toes and charges are a pan of this Deed of Trustl Current Taxes, Fen and Charges. Upon request by Lender, Trustor shall execute surfs aucumads M addition to The Deed of Trust and lake whatever oleo action is requested by Lender to perfect and continue Lender's lien w the Real Property. Tmstor sinful reimburse Larder for all Mies, as descnbed below, together with all expanses Teamed in recording, penw:ting or cmlinuing this Deed of Trust, including wimput limitation all texas, loos, documentary stamps, and other charges for recording or rngtstering MIS Dead of Trust. Tax". The following shall resistible taxes to which MIS section applies: (1) a specific Mx upon this type at Deed of Trust or upon all or any part of The IMabto[Mesa secured by this Deed of Trust. (2) a speclgc tax on Borrower which Borrower U auttorized or require! to cas t from payments on the Indebtedness secured by MIS type of Dead of Trust; (3) a tax on This type of Dersd of Trust chargeable against This Lender or Me hat of he Note; and (4) a specific tax an all or any opinion of the Indebtedness or on payments of principal and Interest made by Borrower, Subsequent Taxes. It any or to whir-hi this section applies is enacted subsequent M Me date of this Deed of Trust, his event shell have Me same offact as an Event of Dsfrult, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (t pans the lax before It becomes dellrpuant or (2) contests the lax as provided above In Me Taxes and Liens section eoW patricide; with Lender cash or a sufficient corporate sorely bond or other secmip safisfactery to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relation to true Des l of Trust as a Security agreement are a pert of this Used of Trust Security Agreement This insirurnenl shall washers a Security Agreement to the extent any of the Property constr uses fixtures, and Lender shall have all of he rights of a secured early under the Uniform Commercial Code as anni from mr. to time. Security Interest. Upon request by Lander Trustor shall execute financing Salami :rod lake whatever other action is requested by Lender to parted and continuo Lender's security Interest In the Personat Property. In addlllat to recording MIS Dead of Trust in Me real property records, Lender may, at oriy tune and without further eulherlzetlon from Trustar, the executed counterpane, copies or reproductions of M. Dead of Trust as a financing .taproom Trustor shall reimburse Lender for all expenses incurred In perfecting or continuing this security interest. Upon default, Trustor shall not remove, seven or detach the Personal Property from Pre Poverty. Upon default, Trustor shall assemble any Personal Propertv not affixed to the Property is a manner and at a place reasonably convenient to Trustor and LaMar and make It available to Lender within force (3) days after receipt of written demand from fender to Me extent permitted by applicable law. Addresses. The meling addresses at Trustor (dabor) and Lender (secured pall) from which information concerning the security interest granted by his Dead of Trust may be ordered (each a. accused by Me Uniform Commercial Code) are as sMted en the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -M -FACT. The following provisions totaling to further assurances and attometerelact are a pad of this Oared of Treat: Further Aasurancn. At any time, and from are to time upon request of Lender, Truster will make, execute and deliver, or will cause to bpi made, executed or delivered, to LaMar or to Lenders designee, and when reques sd by I. ender cause to be filed, recorded, rallied, or remoddad, as the case may be, at such times and M such offices and places as Lander trey open appropriate, any and all such mortgages, bases of trust, security des JS, socunry agreements, financing statements, continuation statements, Instruments of fuller essurarce, cereficales, and other documents as may, in the able opinion d Lender, bpi necessary or ueslrable in order h effectuate, complete, perfect, continue, or preserve (1) Borrower's antl Trucks,S obligations under Me Note, this Deed of Trust, and Me Related Documents, and (2) Me Ilene sea security interests pealed by this Dead of Trust as first and prior Ilene ru the Properly, whether how Owned or hereafter aoquirad by Trustor Unless prohibited by law or Lander agrees to the contrary In writing. Trustor shall reimburse Lender for all costs and expenses incurred in connection with Pte ntaaers referred to in this pe egmph. Attarrray -loth -Fact, If Trustor Mils fin on any of the things referred to in the conceding peecmph. Lender may are so tar and In he name of Trustor and at Trustork expense for auuh purposes, Trustor hereby Irrevocably appoints Larder as Tractor's adomWer -feet for the purpose of snaking, executing, delivering filing, recording, and WN all other things as may he necessary or desirable, In Larder's ads opinion, to ficcanldish lino French, referred to in the preceding paragraph. FULL PERFORMANCE. It Borrower pfye all the Indebtedness, Including without larmadiun all fuhne advances, when due, and Arborvitae pedort of the obligations lmposeb upon Trustor under this Died at Trust, Lender shall execute and saliva to Trustee a request for full mconvoyanc x and shall execute and deliver to Tractor mitre la statements of termination of any financing earm.n d as file evidencing Lender s security interest In the Rem s antl the Personal Property. Any recpnvoyanro fee required by law shall he paid by Trumor, tl pertained by applicable law. EVENTS OF DEFAULT. At Lender s option. Trustar will be In default under this Daed of Trust if any of the following happen: Payment Default . Borrower fails w make any payment when due under the Indebtedness. Break Other Promleae. Borrower or Iructor hreaa, any promise made to Lentler or falls N perform promptly at the lima and Story In he manner provided in this Deed of Too, of In day agreement salted to this Deed of Trust. Compliance Default Failure to comply with any Deer tarn, obligation, covenant or contort ocrovi f In Nis Dead of Trust, the Note or in any of Me Related Documents. if such a failure Is curable and if Renewer or Trustor het not been given a nor of a breach of the same provision of this Deed of Trust William Mo proctoring twelve (12) month., d may be cured land no Event of Deme l will have occurred) if Borrower or Trustor, after Lander sends wrlgan notice demanding curs of such failure'. pp corn the failure within Ttrty 13g) tleys; or (b) II the cure requires more Ten thirty (.V) days, Immodfately MWes steps Sufficient to cure Ma failure antl Mbreafter continues and corns etet all reasonable and necessary ;taps criticism to produce co rnoiance as soon as reasonably practical.