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e e 200607780 loan No: 806977 DEED OF TRUST (Continued) Page 3 at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragrAph shAll he in addition to any other rights or any remedies to which Lender may be entitled on Account of any default. Any such action by Lemler shflll not be construed as curing the rlefault so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of 1 rust: Title. Trustor warrants that: (a) Trustor holds good iHld marketable title of record to the Property in fee simple, free and clear 01 all 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, L"nder in connection with this Dp.fld 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 ahove, 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 that questions Trustor's title or I.hfl intp.rp.st 01 Trustee or L.ender under this Deed of Trust, Trustor shall defend the action fit Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to bp. mpmsp.ntp.d in the proceeding by counsp.1 of Lp.ndm's own choicp., And Trustor will deliver, or caUSA to bA dp.livmed, to Lender such instruments as Lender may rp.quest from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complip.s with all existin(J 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 P.xAcu!.ion and delivery of this Deed of Trust, shall be continuin(J in nature and shflll mmain in full force find effect until such time as Borrower's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The followin(J provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securin(J the Indebtp.dness mflY be secondary and inferior to an existing liml. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any dp.fflult on such indebtedness, any default under the instruments evidencing such indebtedness, or any delault under flny sp.curity documents for such indebtedness. No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that a(Jteement is modified, amended, extenderl, or rp.neweeJ without the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any "'uch security flgreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If flny proceedin(J in condemnation is fil()d, Trustor shflll promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor nlFlY hfl the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represp.ntp.d in thfl proceedin(] by counsel of its own choice, and Trustor will delivflr or cause to be delivered to Lender such instrump.nts and documentation as may be requested by Lendflr from timfl to time to pp.rmit 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 condflmnation, Lender may at its election require that all or any portion of the net proceeds of the awmd be Applied to the Indflbtedness or fllP. repair or restorAtion of the Property. The net proceeds of the award shall mean the award after pflyment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with thp. condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmenlfll 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 Dfled of Trust and tflke whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Properly. Trustor shall reimburse Lendp.r for all taxes, flS dflscribed below, to(Jp.ther with all expenses incurred in recording, perfecting or continuing this Dep.d of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recordin(J or re(Jistering this Deed of Trust. Taxes. The followin(J shall constitute taxes to which this section applies: (1) a specific tflX upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indflhtednflss secured by this tYPfl of Deed of Trust; (3) a tax on this typfl of Dp.ed of Trust chargeable against the Lendflr or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and intflrest madfl by Borrower. Subsequent Taxes. If any tax to which this section applies is enactp.d subsequent to the date of this Deed of Trust, this event shflll have the same effect as an Event of Default, flnd Lflnder mflY exercise any or all of its available remfldies for an Event of Default as provided below unless Trustor either (1) pays the tax bp.fore it becomes delinquent, or (2) contests thfl tAX as provided above in thA Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security sfllisfActory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relatin(J to this Deed 01 Trust as a security agreement are a part of this Defld of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the rroperty constitutes fixtures, and Lender shall hflve flll of thp- 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 L.endp.r's security intmest in thp. Personal Property. In addition to recordinrl this Deed of Trust in the rP.fll property records, Lender rTUly. flI flny time and without further authorization frolTI Trustor, file executed counterparts, copip.s or reproductions of this Dp-ed 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 manner and at a place reasonably convenient to Trustor flnd Lender and make it available to Lender within tllrep- (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning U1P. sp.curity interest granted by this Deed of Trust may be obtained (eacll as required by the Uniform Commercial Code) are AS stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lenrler, Trustor will rnakp-, execute and deliver, or will cause to be made, executed or delivered. to Lender or to Lender's designee, and when requested by Lender, cause to be filed, rP.corded, refiled, or rerecorded, as the case may be, at such times flne! in such offices and places liS Lender may deem flppropriate, any and all such mort(]a(]es, deeds of trust, security deeds, security agreements, financinrJ statements, continuation statements, instruments of further assurance, certificlltes, and other documents as mAY, in thp. sole opinion of Lflnder, be necessllty or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and thp- Related Documents, and (2) the lip-ns and security interests c;rp.atfld by this Deed of Trust on the Property. whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lendp.r agrees to the contrary in writing, Trustor shnll 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 precedin(J paragraph, Lender may do so for and in the name of Trustor flnd flt Trustor's expense. For such purposes, Trustor hereby irrP.vocably appoints Lender as Trustor's flttornp.yin filct for the purpose of makin(J, executing, delivflrin(J, filing, recording, and doin(J all other things as may be necessary or desirable, in Lendp.r's sole opinion, to accomplish the mattArs referred to in the preceding pmagraph.