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<br />e
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<br />l'oan No': 807093
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<br />DEED OF TRUST
<br />(Continued)
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<br />200611193
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<br />Page 3
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<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
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<br />Defense of Title. Subjf!ct to the exception in the paragraph above, Trustor warrants and will forever df!ff!nd the title to the Property
<br />against the lawful claims of all rersons. In the event any action or rrocef!ding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be thA
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or Cfluse to be dAlivAred, to Lender such instruments as LAndm may
<br />request from lime to time to permit such particirlltion,
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<br />Compliance With Laws, Trustor warrants thllt the Prormty and Trustor's use of the Property cOrTlpliAS with all existing applicable
<br />laws, ordinances, llnd rf!gulations of governmental authorities.
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<br />Survival of Promises. All promisf!s, agmf!ments, and statements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust. shall be continuing in nature and shall remain in full force and efff!ct until such time as r rustor's
<br />Indf!btf!dnf!Ss is raid in full.
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<br />EXISTING INDEBTEDNESS. The following rrovisions concerning Existing Indebtedness are a rart of this Deed of Trust:
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<br />Existing Lien. The lien of this Deed of Trust sf!curing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the rayment of, thf! Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidf!ncing such indebtedness, or any default under any security documents for such
<br />indebtedness,
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<br />No Modification. Trustor shall not entf!r into any agreement with the holder of any mortgage, def!d of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amendf!d, extended, or renewed without
<br />the rrior wriltf!n consent of Lendf!r, Trustor shall neither request nor accept any future advances under any such security agreermmt
<br />without the prior written consent of Lender,
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<br />CONDEMNATION. The following rrovisions mlating to condemnation proceedings are a part of this Df!f!d of Trust:
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<br />Proceedings. If any proceeding in condemnation is filf!d, Trustor shall promptly notify Lender in writing, and 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 proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to he delivered to Lender such instruments and documentation as may be requested hy
<br />Lender from time to time to permit such participation.
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<br />Application of Net Proceeds. If all or any part of the Prorerty is condemned by eminent domain rroceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its eloction mquim that all or any portion of the net proceeds of the award be applied
<br />to thf! Indehtedness or the repair or restoration of the Prorf!rty. The net proceeds of the award shall mean the award after rayment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condenHllltion.
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<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:
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<br />Current Taxes. Fees and Charges. Upon request hy Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is reqUf!sted by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as descrihed bf!low, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including 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 shllll constitute taxes to which this section arrlies: (1) Il specific tax upon Ihis type of Deed of Trust or uron
<br />all or any part of the Indf!btedness secured by this Deed of Trusl; (2) a specific tax on Trustor which Trustor is authorimd 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 tflX 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 Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent. or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corromte surety bond or other security satisfactory to Lender.
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<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:
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<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the prorerty constitutes fixtures, Ilnd
<br />Lender shall have all of the rights of a secured pmty under the Uniform Commercial Code as amended from time to time,
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<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to rerff!ct Ilnd continue Lender's
<br />security intemst 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 authorillltion from Trustor, file executed counterrllrts, copies or reproductions of this Deed of Trust IlS a
<br />financing statement, Trustor shllll reimburse Lender for nil exrenses incurred in perfecting or continuing this security intemst. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Prorerty. Upon default. Trustor shall assemble any
<br />Personal Property not Ilffixed to the Property in Il manner and at a place reasonllbly convenient to Trustor Ilnd Lender and make it
<br />aVllilllhle to Lender within three (3) days altf!r rf!ceipt of written demand from Lender to the extent permitted by applicable law,
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<br />Addresses. The mniling Ilddresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted hy this Deed of Trust may be obtained (ellch as required by the Uniform Commercial Code) am IlS stated on the lirst
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following rrovisions relating to further assurances and nttorney-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 milke, execute and deliver, or will cause
<br />to he mllde, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, caUSf! to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, nt such times and in such offices nnd rlllces as Lender mny deem appropriate, nny and all
<br />such mortgages, deeds of trust, security deeds, security agreernents, firlllncing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents ns may, in the sole opinion of Lf!nder, be necessary or desirable in order to
<br />effectuate, comrlete, rmfect, continue, or rreservf! (1) Trustor's obligations undf!r the Note, this Def!d of Trust, and the RelAted
<br />Documents, Ilnd (2) the liens and security interests created by this Deed of Trust as first and rrior liens on the Prorerry, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburSf! Lender for all costs and exrenses incurred in connection with the matters referred 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 paragraph, Lender may do so for and in thf! name
<br />of Trustor fllld at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in fact for
<br />the purrose of making, executing, delivering, filing, recording, and doing all other things as may he necessary or desirnble, in Lender'S
<br />sole opinion, to accomplish the matters referred to in the preceding raragraph.
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<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed llron Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveYllnce and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing stMement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any mconveyance fee required hy law shall be paid by Trustor, if rermitted by applicahlf! 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 thf! following happen:
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