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DEED OF TRUST 200213432 Loan No: 19760 (Continued) Page 3 the lawful claims of all persons. In the event any action or proceeding or commenced that questions Trustor's title or the Interest of Trustee or Lender under this Dead of Trust, Truster shall defend the action at Trustors expense. Truster may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Trust" will deliver, or cause to be delivered, to Lender such monuments as Lender may request from firms to time to permit such participation. Compliance With Lures. Truster warrants that the Properly and Traitors use of the Property compiles with all existing applicable laws, ordinances, and regulations of governmental oulhorlthes. Survival of Promises. All promises, agresmnnts, and statements Trader has made in this Dead of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustees Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Trust: Proceedings. If any proceeding in condemnation is filed, Truster shall promptly notify Lender In writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from fime to time to permit such participation. Application of Net Proceeds. If all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and aHorneys' fees Incurred by Trustee a Lender In connection with the condemnation. IMPOSITION OF TARE% FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of This Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Deed of Trust and Wks whatever other action is requested by Lender to perfect and confine Lenders Ilan on the Real Property. Trustor shill reimburse Lender fa .II taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, Including without limitation all laws, teas, documentary stamps. and other charges for recording or registering this Dead of Trust. Taxes. The following shalt constitute lases to which this exceed applies: (1) a spectra tax upon this type o/ Dealt of Trust or upon all or any pan of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Truster which Tractor Is authommal or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable &gals[ the Lender or the holder of the Not.; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Truster. Subsequent Taxes. If any tax to which this section applies Is shwled subsequent to the date of this Dead of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or, (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provaitons relating to this Dead of Trust as a security agreement are a pad of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of Me Property consulates futures, and Lender shall have all of the rights of a secured party under the Uniform Commemial Code as amended from tlme to time. Security Interest. Upon request by Lender, Trust" shall execute financing statements and take whatever other action Is requested by Lender to perfect and continue Lender's security Interest in the P"wol Property. In addition to wording this Dead of Trust In the real property words, Lender may, at any lime and without further authodrafion from Trustor, file executetl counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender fa all expenses Incurred in perfecting or continuing this security Interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trusts, shall assemble any Personal Property not affixed to the Propedy In a manner and at a place reasonably convenient to Trustor and Lender and make It available to Lender within time (3) days after receipt of written demand from Lender to the Went permlfied by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (assured party) from which Information concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Dead of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relafirg to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any tlme, and from tlme to time, upon request of Lender. Truster will make, execute and deliver, or will cause to be made, executed a delivered, to Lender or to Lenders designee, and when requested by Lander, cause to be filed, recorded, rafted, or rerecorded, as the case may be, at such homes and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of Must, security deeds, security agreements, Prodding statements, continuation statements, instruments of further assurance, Lertecate i, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to eaectuale, complete, correct. continue, or preserve (1) Truslor's obllgasons under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security Interstate created by this Deed of Trust u first and prior liens on the Property, whether now owned or herwfter acquired by Trustor. Unless prohibited by law a Lender agrees to the contrary in wrifirg, Trustor shall reimburse Lander for all costs and expenses incurred In connection with the matters referred to In this paragraph. Altonney -4n -Fact. If Trustor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustees expense. For such purposes, Trustor hereby irrovocably appoints Lender as Trustees aborneyaMa" for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders ale opinion, to accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness, Including without limitation all future advances, when due, and otherwise performs all the obligations Imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for fail reconveyance antl shall execute and deliver to Trustor suitable statements of to minanon of any financing statement on file evidencing Lenders swudty Interest In the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, If permitted by applicable taw. EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under alts Dead of Trust if any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and stricfiy in the manner provided in this Dead of Trust or in any agreement related to this Dead of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Dead of Trust, the Note or in any of the Related Documents. If such a feil"e is curable and If Trust" has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) It Trustor, after Lender sends written notice demanding cure of such failure: (a) cu. the [allure within thirty (30) days; or (b) If the cure requires more than thirty (30) days, Immediately Initiates steps sufficient to cure the failure and thereafter continues and completes all masonsbls and necessary steps sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. Failure of Trustor within the time required by this Used of Trust to make any payment fa taws or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Trustor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor of person that may materially aae" any of Trusters property or Trustor's ability to repay the Indebtedness or perform thor respective obligations under this Dead of Trust or any of the Related Documents.