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<br />L"t,an No~ 807093
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<br />DEED OF TRUST
<br />(Continued)
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<br />200611191
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<br />Page 3
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<br />request from time to time to permit such pBrtici[lIltion.
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<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
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<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the exer.ution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full forr.e and effect until sur.h time as Trustor's
<br />Indebtedness is paid in full.
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<br />CONDEMNATION. The following provisions relating to r.ondemnation proceedings are a part of this Deed of Trust:
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<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 be necessary to defend the ar.tion and obtain the award. Trustor may be the nominal party in sur.h
<br />proceeding, but LAnder shall be entitled to partir.ipate in the pror.eeding and to he repmsented in the proceeding by r.ounsel of its own
<br />r.hoice, and Trustor will deliver or cause to be deliven~d to Lfmder such instruments and docump.ntation as may be requ()st()d by
<br />Lendp.r from limp. to time to permit such participation.
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<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminp.nt domain pror.eedings or by any proceeding or
<br />purchase in lieu of condemnation, L.ender may at its election require that all or any portion of the net proceeds of the award he applied
<br />to the Indp.btp.dr1P.ss or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payrnent of
<br />all reasonahlp. r.osts, flXpenSp.s. and attorneys' fees incurrAd by Trustee or Lender in connection with the condemnation.
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<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to gov'!rnmflntal
<br />taxes, fees and charges are a part of this Dp.p.d of Trust.:
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<br />Current Taxes, Fees and Charges. Upon request by I.ender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever othp.r action is rp.qup.sted by Lender to perfect and continue L.ender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as dp.scribp.d below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, inr.luding without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
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<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 Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authoriled or
<br />required to dedur.t from paymp.nts on the Indebtednp.ss secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against thp. Lp.nder or the holder of the Note; and (4) II specific tax on all or IIny portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
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<br />Subsequent Taxes. If any tllX to which this ser.tion llpplies 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 exerr.ise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it ber.omes delinquent, or (2) contests the tax as provided above in thp.
<br />Taxes and Liens section and deposits with lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
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<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relllting to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
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<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have 1111 of tbe rights of a secured party under thp. Uniform Commercial Code as amended from time to time.
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<br />Security Interest. Upon request by L.ender, Trustor shall take whatever action is requested by L.ender to perfect and continue LendAr's
<br />security interest in the Personal Propp.rty. In addit.ion to recording this Deed of Trust in thp. real property rer.ords, Lender mllY, lit IIny
<br />time and without furtber authorimtion from Trustor, file p.xp.r.uted counterpllns. r.opies or mprodur.tions 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 dAfault, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably conveniAnt to Trustor and Lp.ndp.r and make it
<br />IIvllilllble to Lender witbin tbrp.e (3) days aftp.r rer.eipt of written demand from Lender to tbe extent permitted by applicable law.
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<br />Addresses. The rnailing addresses of Trustor (r1Qbtor) and Lender (secured party) frorn which informat.ion r.onr.mning the ser.urity
<br />interest grantp.d by this Deed of Trust may be obtained (p.ach as required by the Uniform Commerr.ial Code) are as stated "n the first
<br />pllge of this Dp.p.d of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY -IN.FACT. The following provisions relating to further assurances IInd attorney-in-far.t are a part of
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to time, upun request of L.ender, Trustor will make, p.xecute and deliver, or will r.ause
<br />to be made, executed or delivered, to L.ender or to Lender's designee, and when requested by Lender, r.lluse to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender mllY deem appropriate, any and all
<br />such mortgages. deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, r.p.rtifir.ates, and other documents as may, in thp. sole opinion of Lender, be necessary or desirable in ordAr to
<br />effectullte, complete, perfect. r.ontinue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liflns on thp. Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrep.s to the r.ontrmy in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters refflrmd to in this paragraph.
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<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragrilph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocllbly appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivp.ring, filing, rer.ording, and doing 1111 other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Trustor pays 1111 the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />undm this Deed of Trust, Lender shall p.xer.ute and deliver to Trustee a request for full reconveYllnce and shall execute and deliver to
<br />Trustor suitahle stiltements of terminiltion of any financing statement on file evidencing Lp.ndp.r's ser.urity interest in the Rents and thp.
<br />Personlll Property. Any rp.conveYllnr.e fee required by law shall be paid by Trustor, if permitted by applicable law.
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<br />EVENTS OF DEFAULT. At Lp.nder's option, Trustor will be in default under this Deed of Trust if IIny of the following happen:
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<br />Payment Default. Trustor fails to make any pllyment when due under the Indebtedness.
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<br />Break Other Promises. Trustor breaks any promise made to L.ender or fails to perform promptly at the time and strictly in the m:mner
<br />provided in this Deed of Trust or in any agreement relatfld to this Deed of Trust.
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<br />Compliance Default. Failure to r.omply with any other term, obligation, covenant or condition r.ontllined in this Deed of Trust, the Note
<br />or in IIny of the Related Documents.
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<br />Default on Other Payments. Fllilure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
<br />insurilnce, or any other pllyment necessary to prevent filing of or to effAct disr.harge of any lien.
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<br />Default in Favor of Third Parties. Should Trustor defllult lindeI' IIny I mill , extension of credit, security IIgreement, purchase or sales
<br />agreement, or any other agrp.ement, in fllvor of any other creditor or person that may materially IIffect any of Trustor's property or
<br />Trustor's ability to repay the Indebtedness or perform their respective obligations under tbis Deed of Trust or any of the Related
<br />Documents.
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<br />False Statements. Any representation or statemp.nt made or furnisllP.d to Lender by Trustor or on Trustor's behalf under this Deed of
<br />Trust or the Relilted Documents is false or misleading in any material respect, either now or at the time made or furnished.
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<br />Defective Collateralization. This Oeed of Trust or any of thp. Rp.lated Dor.ump.nts cellses to be in full force and effp.ct (including failure
<br />of any collateral document to r.rp.llte a valid and pp.rfer.ted ser.urity interest or lien) at any time and for any reason.
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<br />Death or Insolvency, The death of Trustor, tbp. insolvenr.y of Trustor, the appointment of a receiver for any part of Trustor's property,
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