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<br />loan ~o: 807155
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200611516
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<br />Page 3
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<br />Trust, and (b) Trustor has the full right power, ;'lnd authority to execute and deliver this Deed of Trust to Lender.
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<br />Defense of Title. Suhject to the excefJtion in the fJaragrafJh ahove, Trustor warrants and will forever defend the title to the Property
<br />against thp. lawful clairns of all rersons. In the eVfmt any action or rroceeding is cornrnencp.d that questions Trustor's title or thp.
<br />interest (If Trustep. or I.endp.r under this Drwd of Trust, Trustor shall defend the action at. Trustor's eXfJense. Trustor rnay be the
<br />nominal fJarty in such fJroceeding, hut Lendm shall be rmtitled to pmticipnte in th(l proceeding and to be represented in the proceeding
<br />by counsel of I.pnder's own choice, and Trustor will deliver, or cause to he delivered, to Lender such instrurmmts as Lender may
<br />request from tirne to time to permit such particifJation.
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<br />Compliance With Laws. Trustor warmnts that thp. PrC'l,erty and Trustor's use of the Property comfJlies with illl existing ilfJfJlicable
<br />laws, ordinances, and regulations of 90vernmental authorities.
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<br />Survival of Promises. All fJromises, agreements, and statements Trustor has made in this Deed of Trust shall survive the exrlCution
<br />and delivery of this Deed of Trust, shilll be c(lntinuing in nilturP. and shall remain in full force and effect until such time as Trustor's
<br />Indebtedness is paid in full.
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<br />EXISTING INDEBTEDNESS. The following fJrovisions concerning Existing Indebtedness are a pilrt of this Deed of Trust:
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<br />Existing Lien. The lien of this Deed of Trust securing the IndAhtedness may be secondary and inferior to an existing lien. Trustor
<br />exprP.ssly COVAnantS and agmes to pay, or seA to tho fJaymAnt of, the Existing Indebtedness ilnd to prevent any dAfault on such
<br />indobtodnAss, any dofllult under the instruments evidencing such indebtedness, or ilny default under Ilny security documents for such
<br />indebtedness.
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<br />No Modification. Trustor shall not enter into any aweement with the holder of any mortgagA, 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 shllll neithm request nor accefJt any future advances under any such security agreement
<br />without thp. fJrior written consp.nt of Lender.
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<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
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<br />Proceedings. If any fJroceeding in condemnation is filed. Trustor shall fJromfJtly notify Lender in writing, and Trustor Sllilll fJromfJtly
<br />take such steps as may be necessilry to defend the action and obtain the ilward. Trustor Illay be the nominal fJarty in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the fJrocep.(ling by counsel of its own
<br />choice, and Trustor will deliver or calise to be delivered to Lender such instruments fmd documAntlltion as milY he requested by
<br />Lendp.r from time to time to pp.nnit such participAlion.
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<br />Application of Net Proceeds. If illl or any pmt of the Property is condemned by eminenl domain proceedings or by any proceeding or
<br />purchas'" in lip.u of condemnation, Lendm may at its olection rP.'luire that all or any fJortion of the net proceeds of the award ho applied
<br />to the Indebtedness or the refJair or restoration of the Property. The net fJroceeds of the award shall mean the award after pllyment of
<br />all reilsonahle costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following fJrovisions relating to governmental
<br />H1xp.s. f"'es and chargp.s are a fJart of this D"'ed of Trust:
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<br />Current Taxes. Fees and Charges. Upon request by Lender, Trustor shilll execute such documents in addition to this Deed of Trust
<br />and tilke whatever other action is requested by Lender to perfect and continue Lendp.r's lien on the Rp.al ProfJerty. Trustor shilll
<br />reimburse Lender for all taxes, as described below, together with illl expenses incurred in recording, pp.rfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other chargp.s 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) (l specific tax ufJon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Dp.ed of Trust; (?) a specific tax on Trustor which Trustor is authorized or
<br />requimd to dp.duct from paymonts on tho Indebtedness secured by this tYfJe of Deed of Trust; (3) a tax on this typ'" of O",wl of Trust
<br />chargeable against the Lender or the twlder of the Note; and (4) a sfJecific tax on all or any fJortion 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 afJplies is enilcted subse'luent 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 Iln Event of Default ilS
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as fJrovided ahove in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or othp.r socurity satisfilctory to Lender.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following fJrovisions 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 instnmlp.nt shall constitute a Security Agreement to the extent any of the Property constil.lltp.s fixtures, and
<br />Lp.nder shall hflVe all of the rights of a sp.cured party under the Uniform Commercial Code as amended frolll time to timp..
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<br />Security Interest. Upon requost hy Lp.ndP.r, Trustor shall take whatevm action is requested by Lender to pmfoct and continue Lender'S
<br />security interest in the Personal ProfJerty. In addition to recording this Deed of Trust in thp. real profJerty records, Lender may, AI ;'lny
<br />time and without further authoriziltion horn Trustor, fil", exp.cuted countp.rparts, copies or rerroductions of this De",d of Trust as il
<br />financing statement. Trustor sllilll reirnhurse Lp'",.I"'r for all "'xpenses irH':urred in perfocting or continuing this SP.ClJlity interest. Upon
<br />default, Trustor shall not remove, sp.vm or dp.tach the Personal ProfJerty from the Property. IJpon default, Trustor shall assemble any
<br />rersonal Property not affixed to the Property in Il mannm and at a place reasonably convenient to Trustor and Lp.ndm Ilnd milke it
<br />availahle to Lrmder within three (3) days after receifJt of written r1emand from Lender to the extent permitted by afJfJlicable lilw.
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<br />Addresses. The mililing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the sp.curity
<br />interest granted by this Deed of Trust rnay bp. obtained ("'ach as required by thp. Uniform Commercial Code) are as slat",d on the first
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions mlllting to further assurances and f1ttOrl1P.Y in fact are a fJart of
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to timp., upon request of Lender, Tn,qtor will makp.. execute and deliver, or will cat.lSP.
<br />to be made, executed or d",livered, to Lemlor or to Lender's designee, and when requp.stp.d by Lender, cause to be filed, mcorded,
<br />refiled, or rerecord"'d, as the case may be, Ilt such times ilnd in such offices and places as Lender may deem appropriatfl, Ilny and all
<br />such mortgagp.s. dewls of trust, security deeds, security aweements. financing stlltements, continuation statements, instruments of
<br />further Ilssurance, certificates, and other docul11p.nrs as may, in the sole ofJinion of Lend"'r, be necessary or desirable in orrlp.r to
<br />effectuate, complete, perfect, continuo, or fJreserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the lip.ns and socurity interests created hy this Dfled of Trust as first ilnd prior liens on the ProfJerty, whether
<br />now owned or hereaftp.r acquired by Trustor. Unless prohibited by law or Lflnder agrees to the contrary in writing, Trustor shall
<br />reimburse l.ender for all costs anrl eXfJenses incurred in connection with thp. matters referred to in this paragrafJh,
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<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragrafJh, Lender may do so for anrl in the name
<br />of Trustor and at Trustor's p.xpp.nsp.. For such fJurposes, Trustor hereby irrevocably afJfJoints Lender as Trustor's Ilttorney in.fact for
<br />the purpose of making, p.xecuting, r1elivering, filing, recordin'], and doing all other things ilS may be necessary or dflsirahle, in Lender's
<br />sole ofJinion, to accomfJlish the matters referred to in the prp.cp.ding paragrafJh.
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<br />FULL PERFORMANCE. If Trustor pays all thp. Indebtedness when due, and otherwise porforms all the obligations imposed ufJon Trustor
<br />under this Dp.od of Trust. Lp.nder shilll execute and deliver 10 Truste'" a mquest for full reconveyance and shall execute and deliver to
<br />Trustor suitahlA statements of termination of any financing statement on fill) evidencing Lender's socurity interest in the Rents anrl the
<br />Personal ProfJerty. Any reconvoyancp. fp.p. requimd hy law shall be pilid by Trustor, if pennittfld by ilfJfJlicable law.
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<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in defilult under this Oeed of Trust if nny of the followin9 happp.n:
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<br />Payment Default. Trustor fails to make nny paYlnp.nt wilen rlue unrler the Indebtedness.
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<br />Break Other Promisos. Trustor breilks any promisp. mnde to Lp.ndP.r or fails to perform promptly at tho time and strictly in the mannp.r
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