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<br />Loan No: 806958
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200608366
<br />
<br />Page 3
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<br />liens and encumbranceR other than thoRe set forth in the Real Property description or in the fxisting IndehtedneRR Rection below or in
<br />any title insurance policy, title report, or final title opinion iSRued in favor of, and accepted hy, Lender in connection with this Deed or
<br />TruRt, and (h) Trustor has the full right, power, and authority to execute and deliver thiR 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 />againRt the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of TruRtee or Lender under this Deed of Trust, Trustor Rhall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in Ruch proceeding, but Lender shall be entitled to plHticipate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender'R 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 complieR with all exiRting applicable
<br />laws, ordinances, and regulations of governmental authoritieR.
<br />
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of TruRt, Rhall be continuing in nature and shall remain in full force and effect until such time as Trustor'R
<br />Indebtedness is paid in full.
<br />
<br />EXISTING INDEBTEDNESS. The following provisionR concerning Existing Indebtedness are a part of this Deed of Trust:
<br />
<br />Existing Lien. The lien of thiR Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expreRsly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
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<br />No Modification. Trustor shall not enter into any agreement with the holder 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 />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />
<br />CONDEMNATION. The following provisions relating to condemnation 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, and Trustor shall promptly
<br />take such steps as may bo neceRRary to defend the action and obtain the award. TrUSlOr milY be r.he nominal PIHty in such
<br />proceeding, but Lender Rhall be entitled to participate in the proceeding and to be represented in the proceeding by counRel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender Ruch inSlrumentR and documentation aR may he requeRted by
<br />lfmder 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 proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proce"ds of the aWilld be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proGeeds of the award shall mean the IIward after payment of
<br />all reasonable costs, expenses, and attorneYR' feeR incurred by Trustee or Lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following proviRionR relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />
<br />Current Taxes. Fees and Charges. Upon request hy Lender, TrUSlOr shall execute such documentR in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender'R lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes. as described below, together with all expenses incurred in recording, perfecting or Gontinuing this Deed
<br />of TruRt, including without limitation all taxes. fees. documentary stamps. and other charges for recording or registering this Deed of
<br />Trust.
<br />
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the IndebtedneRR secured by this Deed of Trust; (2) a specific tax on Trustor which TruRtor iR lIuthorized 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 against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
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<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Def lIult aR
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax aR provided abovo in the
<br />Tllxes IInd Liens section and deposits with Lender cash or a sufficient Gorporate surety bond or other Recurity RatiRfactory to Lender.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of TruRt IIR a security agreement are a
<br />part of this Deed of Trust:
<br />
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property conRtitutes fixtures. and
<br />Lender Rhall 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 rel1uest by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property_ In addition to recording this Deed of Trust in the real property records, Lender may, at any
<br />time and without further authorization from TrURtor, file executed counterpilrts, copieR or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove. sever or detach the Personal Property from the Property. Upon default. Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and mllko it
<br />available to L.ender within three (3) days after receipt of written demand from Lender to the extent permitted by IIpplicable law.
<br />
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (Recured party) from which information concf1lning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) lire as Rtated on the first
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY-iN-FACT. The following provisions relating to furr.her assurances and attorney in-fact are a part of
<br />this Deed of Trust:
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<br />Further Assurances. At any time. and from time to time. upon request of Lender, Trustor will mllke. execute and deliver. or will cause
<br />to be made, executed or delivered. to Lender or to Lender's designee. and when rel1uested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at Ruch timeR and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgageR, deeds of trust, Recurity deeds. security agreementR. financing statements. continuation statements, inRtrumonts of
<br />further IIssurance, certificateR, and other documents as may, in the sole opinion of Lender, be necessary or deRirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the lienR and Recurity interests created by thiR Deed of Trust as first and prior lienR on the Property. whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburRe Lender for all costs and expenses incurred in connection with the matters referred 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 rhe nllme
<br />of Trustor and at Trustor's expense. ror such purposes, Trustor hereby irrevor.ably appoints Lender as Trustor's attorney--in-fact for
<br />the purpose of making, executing. delivering, filing, recording, (lnd doing all other things as may be necessary or desirable. in Lender's
<br />sole opinion, to accornplish the matterR referred to in the preceding paragraph.
<br />
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness. including without limitation all future advances. when due. and otherwiRe
<br />performs all the obligations imposed upon Trustor under this Deed of Trust. Lender Rhall execute and deliver to Trust".'" II request for full
<br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing
<br />Lender'R Recurity imereR! in the RentR and the Personal Property. Any rer.onveyance fee required by law shall be paid by TrURtor, if
<br />permitted by applicable law.
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<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
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