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<br />200607735
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<br />(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages,
<br />direct or consequential, in connection with any condemnation or other taking of the Premises,
<br />or part thereof, or for conveyance in lieu of condemnation, all of which shall be paid to you, subject
<br />to the terms of any Prior Deed of Trust.
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<br />(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our
<br />expense, in doing whatever you believe is necessary to perfect and continue the perfection of your
<br />lien and security interest in the Premises. Trustee shall not be liable for any error of judgment or
<br />act done by Trustee, or be otherwise responsible or accountable under any circumstances
<br />whatsoever. This Deed of Trust will be effective as a financing statement filed as a fixture filing
<br />with respect to all fixtures included within the Premises and is to be filed for record in the real estate
<br />records of each county where any part of the Premises (including said fixtures) is situated. This Deed
<br />of Trust shall also be 'effective as a financing statement covering any other Premises and may be
<br />filed in any other appropriate filing or recording office. A carbon, photographic or other reproduction
<br />of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be
<br />sufficient as a financing statement for any of the purposes referred to in this paragraph.
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<br />(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Deed of Trust,
<br />you may, if you choose, perform our obligations and pay such costs and expenses. You will add the
<br />amounts you advance to the sums owing on the Note, on which you will charge interest at the
<br />interest rate set forth in the Note. If, for example, we fail to honor our promises to maintain
<br />insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good
<br />condition and repair or to perform any of our other agreements with you, you may, if you choose,
<br />advance any sums to satisfy any of our agreements with you and charge us interest on such
<br />advances at the interest rate set forth in the Note. This Deed of Trust secures all such
<br />advances. Your payments on our behalf will not cure our failure to perform our promises in this Deed
<br />of Trust. Any replacement insurance that you obtain to cover loss or damages to the Premises may
<br />be limited to the amount owing on the Note plus the amount of any Prior Deeds of Trust.
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<br />(g) PRIOR DEED OF TRUST: If the provisions of this paragraph are completed, this Deed of
<br />Trust is subject and subordinate to a prior deed of trust dated May 27, 2004 and given
<br />by us for the benefit of MORTGAGE EXPRESS, INC., A CORPORATION
<br />as beneficiary, in the original amount of $ 206,400.00 (the "Prior Deed of Trust"). We
<br />shall not increase, amend or modify the Prior Deed of Trust without your prior written consent and
<br />shall upon receipt of any written notice from the holder of the Prior Deed of Trust promptly deliver a
<br />copy of such notice to you. We shall pay and perform all of our obligations under the Prior Deed of
<br />Trust as and when required under the Prior Deed of Trust.
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<br />(h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal,
<br />storage, or release of any Hazardous Substances on or in the Premises. We shall not do, nor
<br />allow anyone else to do, anything affecting the Premises that is in violation of any Environmental
<br />Law. The preceding two sentences shall not apply to the presence, use, or storage on the
<br />Premises of small quantities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Premises. As used in this
<br />paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous
<br />substances by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials. As used in this
<br />paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Premises are located that relate to health, safety or environmental protection.
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<br />(i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise
<br />dispose of our interest in the Premises, in whole or in part, or permit any other lien or claim against
<br />the Premises without your prior written consent.
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<br />U) INSPECTION: We will permit you to inspect the Premises at any reasonable time.
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<br />NO LOSS OF RIGHTS: The Note and this Deed of Trust may be negotiated or assigned by you
<br />without releasing us or the Premises. You may add or release any person or property obligated
<br />under the Note and this Deed of Trust without losing your rights in the Premises.
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<br />DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and
<br />cure period if required by applicable law, if any event or condition described in Paragraph 11.A. of
<br />the Note occurs, you may foreclose upon this Deed of Trust as a mortgage by judicial proceeding or
<br />sell the Premises pursuant to the power of sale conferred in this Deed of Trust. This means that you
<br />may arrange for the Premises to be sold, as provided by law, in order to payoff what we owe on the
<br />Note and under this Deed of Trust. If the money you receive from the sale is not enough to payoff
<br />what we owe you, we will still owe you the difference which you may seek to collect from us in
<br />accordance with applicable law.
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<br />FE-4331(NE) (0501) 11379L3
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