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00000000000000235 DEED OF TRUST Loan No: 4360736681 iCOntinued) 200214135 Page 4 liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and to Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject in the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding Is commenced the, question, Tmsmr °s title or the interest of Trustee or Lender under this Deed of Trust. Trustor shall defend the action at Truster's expense. Trustor may be the manninal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of I. ender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Truster's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full farce and effect until such time as Trustor s Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust Proceedings. If any proceeding In condemnation Is filed. Trustor 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 particimate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will deliver o r se to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit suchparticipalion. Application of Net Proceeds. If all or any part 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 attorneys' fees incurred by Trustee or Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following previsions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Dead of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust. Taxes. The following shall constitute taxes to which this section applies: 01 a specific tax upon this type of Deed of trust or upon all or any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax an this type of Deed of Trust chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any lax to which this section applies is enacted subsequent to the date of this Deed 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 (11 pays the tax before it becomes delinquent, or 12) 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 provisions relating to this Deed of Trust as a security agreement are a part of this Dead of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have .II of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender. Trustor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property- In addition to recording this Deed of Dust In the real property researds, I. ender may, at any time and without further authorization from toaster, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for 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, Trustor shall assemble any Personal Property not affixed to the Property in a m and at a place reasonably convenient m Truster and Lender and make it available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Truster Idebtod and Lender learned party) from which information concerning the security interest granted by this Deed of Trust may be obtained leach 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 provisinns relating to further assurances and attorney -in -fact are a part of