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<br />Loan No: 0372055049
<br />
<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200606013
<br />
<br />Page 3
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<br />rights provided for in this paragraph shall be in addition to Any other rinhts or Any remedies to which I.ender may be entitled on account of
<br />any default. Any such action by Lender shAll not be construed as curinn the rlefault so as to bAr Lender from any remedy that it otherwise
<br />would have had.
<br />
<br />WARRANTY; DEFENSE OF TITLE. The followinn provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of recorrl to the Property in fee simple, free and clear of 1111
<br />liens and encumbrances other than those set forth in the Real Property rlescription or in the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issuerl in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, anrl authority to execute and deliver this Deed of Trust to Lender.
<br />
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor WArrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's titlft or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may bft the
<br />nominal party in such proceeding, but Lender shall be entitled to participAte in the proceeding and to be represented in the proccerlin'J
<br />by counsel of Lendm's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinancfts, and regulations of governmental Authorities,
<br />
<br />Survival of Promises. All promises, agreements, and staternents Trustor hns mnde in this Deed of Trust shnll survivft the execution
<br />and delivery of this Deerl of Trust, shall be continuing in nllture And shnll remain in full force and effect until such time as l'rustor's
<br />Inrlebterlness is paid in full.
<br />
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Inrlebtedness are a part of this Deed of Trust:
<br />
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness mny be secondary and inferior to nn existing lien, Trustor
<br />expressly covenAnts Ilnd ngrees to pay, or see to the payment of, the Existing Indebtedness and to prevent nny default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for sur:h
<br />indebtedness.
<br />
<br />No Modification. Trustor shall not enter into any agreement with the IlOlder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />thf! prior written consent of Lender. Trustor shnll neither request nor accept any futurP. advances under any such security agreement
<br />without the prior written consent of Lf!nder.
<br />
<br />CONDEMNATION. The following provisions relating to conrlemnation proceedings are a part of this Deed of Trust:
<br />
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, nnd Trustor shall promptly
<br />take such steps as may bf! necessary to defend the action and obtain the award. Trustor may be the nominal PfHty in sucb
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will rleliver or cause to be delivmerl to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any procf!ecting or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be npplif1d
<br />to the Indebtedness or the repair or restoration of the Property. The net proceerls of the award shall mefln the award after payment of
<br />all reasonable costs, expenses, and attorneys' fef1s incurred by Trustee or Lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relflting to governmentfll
<br />taxes, fees and cbarges are fl part of this Deed of Trust:
<br />
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other flction is requested by Lf!nrler to perfect and continue Lender's lien on the Rnfll Property. Tnmtor slli'tll
<br />reimburse Lenrler for all taxes, as described below, together with all expemws incurred in recording, perfecting or conlinuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentflry stflmps, and other chnrges for recording or reqistering this Deed of
<br />Trust.
<br />
<br />Taxes, The following shall constitute taxes to which this section applies: (1) a specific tax upon this tYPf! of Dftf1d of Trust or upon
<br />all or any pflrt of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authori7ed or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable flgainst the Lender or the holrler of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebterlness
<br />or on payments of principal and interf!st made by Trustor.
<br />
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the dnte of this Deed of Trust, this event shall
<br />have the same effect ns nn Event of Defnult, and Lender may exercise nny or all of its avnilable remedif!s for an Event of Defnult <1S
<br />provided below unless Trustor either (1) pays the tax befom it becomes delinquent, or (2) contests the tax as provided nbove in the
<br />Taxes and Liens section and df!posits with Lender cash or a sufficient corporate surety bond or other security satisfnctory to Lender.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security ngreement are a
<br />part of this Deed of Trust:
<br />
<br />Security Agreement. This instrument shall constitute a Security Agref!ment to the extent any of the Property constitutes fixtures, and
<br />Lendm shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requesterl by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deerl of Trust in the real property records, Lender may, at any
<br />time and without furthf!r authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br />finanGing statement. Trustor shall reimburse Lender for all expenses inGurred in perfeGting or continuing this security interest. Upon
<br />default, Trust.or shall not remove, sever or detach thf! Personal Property from The Property. Upon default, Trustor shall assemhle any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it
<br />available to Lender within tbree (3) days after reGeipt of written denwnrl from Lender to the extent permitted by applicnble law.
<br />
<br />Addresses, The mailing addresses of Trustor (df!btor) and Lender (secured party) from which information concerning the security
<br />intemst granted by this Deerl of Trust may bf! obtained (each as requimd by the Uniform Commercinl Code) are as stated on the first
<br />page of this Deed of Trust.
<br />
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney. in fact are a pmt of
<br />this Deed of Trust:
<br />
<br />Further Assurances. At any time. and from time to timf!, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, Gause to be filed, recorderl,
<br />rf1filed, or rereGordf!rl, as the CAse may be, at such times and in such offices and places as Lender mny rleem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements. financing statements, continuation statements, instruments of
<br />further assurance, certificates, anrl other documents as may, in the sole opinion of Lender. be necessary or rlesirable in order to
<br />effectunte, complete, perfect, continue, or preserve (1) Trustor's obligations under the Crerlit Agreement, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property. whether now ownerl
<br />or hereafter aGquirect by Trustor. Unless prohibited by law or Lender agrees to the Gontrary in writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurmd in connection with the matters mferred to in this paragraph.
<br />
<br />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
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney in-fact for
<br />the purpose of making, executing, rlelivering, filing, recording, and doing all other tbings as may be necessary or desirnble, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
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