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<br />e <br /> <br />Loan No: 807093 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />e <br />200611192 <br /> <br />Page 3 <br /> <br />intemRI of Trustee or Lender under thiR Deed of TruR(, Trustor shall defend the action at TruSlOr's expense, TrURtor mrty he the <br />nominal prtrty in such proceeding, but Lender shall be entitled to pmliciprtle in thp. pror-p.eding rtnd to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or crtuse to be deliveren, to Lender such instruments as Lender may <br />request from time to time 1.0 permit such prtrticipFltion. <br /> <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of thp. Property r-omplies with 1111 existing applicable <br />laws, ordinances, ann regulations of governmental authorities. <br /> <br />Survival of Promises. All promises, agreements, and statements Trustor hrts mrtne in this Deed of Trust shall survive the execution <br />and delivery of this Deen of Trust, shrtll be continuing in nature and shall remain in full force and effect until such time as f rustor's <br />Indebtenness is prtid in full. <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 Lenner in writing, ann Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceening ann to be represented in the proceeding by counsel of its own <br />choice, and Trustor will deliver or crtuse to be dp.livered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br /> <br />Application of Net Proceeds. If rtll 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 proceeds of the award be applied <br />to the Indebtedness or the reprtir or restorrttion of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasonable costs, expenses, and rtttorneys' fees incurred by Trustee or Lender in connection with the condemnation. <br /> <br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions 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 by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />rtnn take whatever other action is requested by Lender to perfect Ilnd continue Lender's lien on the Real Property. Trustor shllll <br />reimburse Lennp.r for all taxeR, as described I)p.low, together with all expenses incurred in recording. perfecting or continuin9 this Deed <br />of Trust, induning without Iimitrttion all taxes. fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br /> <br />Taxes. The following shrtll constitute trtxes to which this section applies: (1) a specific tax upon this type of Deed of TruRt or "pon <br />all or any part of the Innebtedness secured by this Dood of TruRt; (2) a Rpecific tax on TruRtor which Trustor is authorizon or <br />required to deduct from payments on the Indebtedness secured by this type of Deen of Trust; (3) a tax on this type of Deed of Trust <br />chmgertble agflinRt 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 ann interest mane by Trustor. <br /> <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust. this event shflll <br />have the Sllme effect as an Event of Default, and Lender may exercise any or all of its availflble remedies for An Event of Dp.fAult as <br />providp.d below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tAX as providen Above in the <br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br /> <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as A security agreement are a <br />part of this Deed of Trust: <br /> <br />Security Agreement. This inst.rument shall r-onstitute a Security Agreement to the extent any of the Property constitutes fixtures, ann <br />Lender shall 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 request by Lender. Trustor shall take whatever action is requested by Lenner 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 Trustor. file executed counterparts, copies or reproductions of this Deed of Trust as a <br />financing statement. Trustor shall reimburse lfmder for all expenses incurred in perfecting or continuing this security interest.. Upon <br />default, Trustor shall not remove, sever or netach thp. Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner ann at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender within three (3) days after receipt of written demann from Lenner to the extent permitted by applicable Iflw_ <br /> <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are IlS stated on the first <br />prtge of this Deed of Trust.. <br /> <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br /> <br />Further Assurances. At rtny time, rtnd from time to time, upon request of Lender, Trustor will make, execute and deliver. nr will cause <br />to be made, executed or delivered, to Lender or to Lender's nesignee, and when requested by Lender, cause to he filed, recorned, <br />refiled, or rerecorded, as the case may he, at such times and in such offices and places as Lender may deem appropriatR, rtny rtnn all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continurttion statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender. be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the nelated <br />Documents. ann (2) the liens rtnd security interests crellten by this Deen of Trust as first and prior lienR on the Property, whether <br />now owned or herertfter acquired by Trustor. Unless prohibited by Irtw or Lender agrees to the contrary in writing, Trustor shall <br />reimburse 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 mrty do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocflbly appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, find doing all other things as may be necessary or desirable, in Lender'R <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br /> <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />unner this Deed of Trust, Lender shAll exer-ute ann deliver to Trustee a request for full reconveyance and shall execute and deliver to <br />Trustor suitable statements of terminAtion of any finAncing statement on file evinencing Lender's security interest in the Rents Ilnn the <br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable Irtw. <br /> <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br /> <br />Payment Default. Trustor fails to make any payment whp.n nue under the Indebtedness. <br /> <br />Break Other Promises. Trustor breaks any promise made to Lender or fAils to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any rtgreement related to this Deed of Trust. <br /> <br />Compliance Default. Failure to comply with any other term, obligrttion, covenant or condition contained in this Drwd of Trust, the Note <br />or in any of the RelAted Documents. <br /> <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for trtxes or <br />insurance, or any other payment necessary to prevent filing of or to effect dischrtrge of any lien. <br /> <br />Default in Favor of Third Parties. Shouln Trustor default under any loan, extension of credit, security agreement, purchase or sales <br />agreement, or any other agmement, in favor of any other creditor or person that may materially affect any of Trustor's property or <br />Trustor's flbility to repflY the Indebtedness or perform their respective obligfllions unner this Deed of Trust or flny of thp. Related <br />Documents. <br /> <br />False Statements. Any representation or statement mwle or furnished to Lender by Trustor or on Trustor's behrtlf under this Deed of <br />Trust or the Related Documents is false or misleading in flny material respect, either now or at the time made or furnishen. <br />