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. . , . Loan No: 806866 DEED OF TRUST ( Continued) 200604940 Page 3 liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below 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 (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to 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 tho event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or Londor under this Deed of Trust, Trustor shall defend the action at Trustor's exponso. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participato in the proceeding and to be represontod in the proceeding by counsol of Lender's own choice, and Trustor will deliver, or cause to bo 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 Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the exocution find delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be socondary find inferior to an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Imlebtedness and to prevent any default on such indebtedness. any default under the instruments evidencing such indebtedness, or any default undor any security documents for such indebtodness. No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreflment which has priority over this Deed of Trust by which that agreement is modified, amflnded, extended. or renewed without thfl prior written consent of lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are fI part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, find Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor 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 Trustor will deliver or cause to be delivered to lender such instruments and documentation as may be requested by Lender from time to time to permit such participation, 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 flwflrd shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condflmnfltion. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions miMing to governmental taxes, fees and charges fire a part of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by lender, Trustor shall execute such documents in flddition to this Deed of Trust and take whfltever other action is requested by lender to perfect and continull lendllr'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 Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for mcording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secumd by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness socured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Notll; and (4) 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 tax 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 (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 provisions relating to this Deed of Trust llS a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of tile Property constitutes fixtures, and lender shall havfl all 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 take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may. at. any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Dop.d of TrusT. as n financing statement. Trustor shnll reimburse lender for all expenses incurred in perfecting or continuing this security intmest. 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 manner and FIt a place reasonably convenient to Trustor and Lender and make it available to Lflnder within three (3) days after receipt of written demand from lender to the extent permitted by applicable Inw. Addresses. The mailing addresses of Trustor (debtor) and lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtainlld (each as required by the Uniform Commercial Code) are as stated on the Iirst page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to funher assurances and flttorney--in-fnct are a part of this Deed of Trust: Further Assurances. At any time, and from time to timll, upon request of lender, Trustor will make, eXflcute and delivflr, or will cause to be made, executed or delivered, to Lender or to Lender's designee, llnd when requested by Lender, cause to be filed, recorded, refiled, or rmecorded, as the caSfl may bp., at such times and in such offices and places as Lender mflY deem npproprinte, any nnd nil such mortgages, deeds of trust, security deeds, security agrollments, financing statemp.nts, continuation statemllnts, instruments of further assurance, certificates, and other documents as may, in the sole opinion of lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the rlelated Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-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 Trustor's expense. For such purposes, Trustor hereby irrevocably appoints lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lflnder's sole 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 Deed of Trust, Lender shall execute and deliver 1.0 Trust.ee a roquost for full reconveyance and shall execute and deliver to Trustor suitable statements of terminntion of any financing statement on file evidencing lflnder's security interest in the Rents and the Personal Property. Any reconveyance fee mquimd by law shall be paid by Trustor, if permitted by applicable law. DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: