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Loan No: 807062 DEED OF TRUST ( Continued) 200608365 Page 3 Defense of Title. Subject to the exception in the paragraflh ilbove, Trustor Wilmmts and will forever defend the title to the Property against the lawful claims of all persons. In the event any ilction or flroceflding is commflncfld that questions Trustor's title or the interest of Trustee or Lender undm this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such flroceeding, but Lender shall be entitled to participate in the flroceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or r:ause to be delivered, to Lender sur:h instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's USfl of the Proflerty comfllies with all existing ilPplicable laws, ordinances, and regulations of governmental authorities, Survival of Promises. All rromises, agreements, and statements Trustor has made 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 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 secondary and inferior to an existing lien. Trustor expressly covenants and agrees to flilY, or see to the flayment of, the Existing Indebtedness and to flrevent any default on such indebtedness, any default under the instruments evidencing. such iridebtedness, or any default under any security documents fur 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 agreement is modified, amended, extended, or renewed without the flrior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the flrior written consent of Lender. CONDEMNATION. The following flrovisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall flromfltly notify Lender in writing, and 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 reflresented 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 requestRd by Lender from time to time to permit such flarticipation. 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 reflflir or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, eXflenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following rrovisions 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 I ender's lien on the Refll Proflerty. TruBtor shilll reimburse Lender for 1'111 taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentmy stamps, and other chmges for recording 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 flart of the Indebtedness secured by this Deed of Trust; (2) 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 ['rust; (3) n tax on this type of Dt''1d of Trust chargeable atlainst the Lender or the holder of the Note; and (4) a sflecific tax on all or any flortion of ttll'! Ind('btednel'~ or on flayrnents of principal and interest made by Trustor. Subsequent Taxes. If any tax to which this section aflplies is enacted subsequent to the dilte 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 I'Ivailahle remedies for I'IIl Event of Defilult as provided helow 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 corflorate sl..:'ety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following rrovisions relilting to this Deed of Trust as 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 the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. UflOn request by Lender, Trustor shall take whatever action is requested by Lender to flerfect and continue Lender's security interest in the Personal Property. In mldition to recording this Deed of Trust in the real flroflerty records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, cOflies 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 intflrest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shilll assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor ilnd Lender and make it available to Lender within three (3) dflYS after receiflt of written dem(lIld from Lender to the extent permitted by aflplicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from Which informl'ltion concerning the security interest granted by this Deed of Trust may be obtained (each 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 fl part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, 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. recorded, refiled, or rerecorded, m; the case may be, at such times and in such offices and places as Lender mflY deem Aflflroflriate, any and 1'111 such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desimhle in order to effectuate, comfllete, perfect, continue, or flreserve (1) Trustor's obligiltions under the Note, this Deed of Trust, and the Related 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 (Jr hereafter acquired by Trustor. Unless prohibited by law or Lender a(Jrees to the contmry in writing, Trustor shl'lll reimburse Lender for all costs and oXflenses incurred in connection with the matters referred to ill this flaragraflh. Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding flaragraph, 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 desirllble, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise flerforms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustoe a request for full reconveyance and shall execute and deliver to Trustor suitl'lble statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by apfllicahlo law. EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any flromise made to Lender or fails to flerform promptly at the time and strictly in the m(lnner provided in this Deed of Trust or in any agreement related to this Deod of Trust. :"f \' ..