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<br />Loan No: 807152
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<br />DEED OF TRUST
<br />( Continued)
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<br />200700076
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<br />Page 3
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<br />Trust, and (b) Trustor has the full right, power, and authority to oxocute and deliver this Deed of Trust to Londer.
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<br />Defense of Title. Subjoct to the excoption in the paragraph rlhove, Trustor warrants and will forever defend the titlo to the Property
<br />against the lawful claims of all persons. In the event any nction or procooding is commenced that questions Trustor's title or the
<br />intf!rest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's oxpense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to he represented in the proceeding
<br />hy counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Londer such instruments as Lender JTlay
<br />request from time to timo to permit such participntion.
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<br />Compliance With Laws. Trustor warrants thM thp. Property and Trustor's use of thp. Prororty comrlies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
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<br />Survival of Promises. All rrornisp.s, agreeJTlp.nts, Ilnd Slrltp.ments Trustor hilS mllde in this Dp.od 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 effect until such lime as Trustor's
<br />Indobtodnoss is raid in full.
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<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
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<br />Existing Lien. The lion of this Deed of Trust securing the Indehtednoss may be secondary and inferior to an p.xisting lien. Trw;tor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to wevent rlny dp.fault on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any sp.curity documents for such
<br />indebtedness.
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<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgagp., dp.ed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modifiod, amonded, extended, or renewed without
<br />the prior written consent of Lender. Trustor shall neither request nor accept any future ndvances under any such security agreement
<br />without the prior written consent of Lender.
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<br />CONDEMNATION. Tho following provisions relating to condemnation 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 dp.fp.nd Ow nction and ohtain thp. award. Trustor may be the norninal party in "uch
<br />proceeding, but Lender shall he entitled to participate in the proceeding and to be represented in the proceeding hy counsel of its own
<br />choice, and Trustor will dp.livf!r or cause to bo dolivered to Londp.r such instruments and documentation as may be rP.que"ted by
<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 Prorp.rty is condemned by eminp.nt domain proceedings or by any proceeding or
<br />rurchnse in lieu of condemnfltion, Lender mllY at its election require that IlII or any portion of the net proceeds of the aWrlrd be arrlip.d
<br />to the Indebtedness or the repair or restoration of the Prorerty. The net proceeds of the Ilward shall mean the award after payment of
<br />IlII reasonablp. COM", expensp.s, Ilnd Ilttorneys' fees incurred hy Trustee or Lender in connection with the condemnnrion.
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<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmentfll
<br />taxes, fees and charges are a rllrt of this Deed of Trust:
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<br />Current Taxes, Fees and Charges. Upon requp.st by Lp.nder, Truslor shall execute such documents in addition to thi" Dp.p.d of Trust
<br />and tako whatever other action is requested by Lender to perfect and continue Lp.ndm'" lion on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in rP.cording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stllmrs, and othm chnrges for recording or registering this Deed of
<br />Trust.
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<br />Taxes. The follawing shall constitute lflxes to which thi" sp.cUon Ilrrlies: (1) a spocific tax upon this type of Deed of Trust or uron
<br />all I'll' any part of the Indehtedness secured hy thi" Dp.p.d of Trust; (2) a "pecific tax on Trustor which Trustor is authorized or
<br />required to deduct. from payments on the Indehtenness secured hy this tyre of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable agllinst the Lendm or the holder of the Noto; Ilnd (4) a specific tnx on all or any portion of the Indebtedness or on
<br />payments of principal and interest made hy Trustor.
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<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to thp. datp. 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 it" nvnilllble remedies for an Event of Default as
<br />provided below unless Trustor p.ither (1) rllYs the tnx before it becomes delinquent, or (2) contests the tax rlS rrovided Ilbove in the
<br />Taxes and Liens section and dp.posits with Lendor cllsh or a sufficient corporate surety bond or other security slltisfllctory 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 Ilny of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured rnrty under the Uniform Commercial Code as amendp.d from time to time.
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<br />Security Interest. Upon request by Lender, Trustor shall take whntp.ver nction is requested by Lender to rp.rfp.ct Ilnd continue Lender's
<br />security interest in the Personal Property. In addition to recording this Dp.ed of Trust in the real property rp.cords, Lender may, at any
<br />time and without further authorization from Trustor, file executed counterparts, copies or rerroductions of this Deed of Trust as rI
<br />financing statement. Trustor shall reimburse Lendp.r for nil p.xpense" incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not removp., sevp.r or detach the Personal Property from the Property _ Uron default, Trustor shall assemble any
<br />Persanal Property not affixed to the Property in Il manner and at a place reasonably convp.nient to Trustor and Lender and nlllkp. it
<br />available to Lender within thrP.p. (3) dllYs nfter receipt of written demand from Lender to the p.xtent permitted by applicable Illw.
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<br />Addresses. The mailing addresses of Tnmtor (dp.htor) ann Lender (secured party) from which information concerning the security
<br />interest granted by this Dep.d of Tru"t may be obtained (each as required by the Uniform Commercial Code) are as stMp.d on tho first
<br />rngp. of thi" Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY -IN-FACT, The fallowing rrovisions rp.lnting to further assurances and nttorney in fact are a rart of
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to timp., upon requp."t of Lendm, Trustor will make. execlJtp. rind deliver, or will clluse
<br />to he made, executed or delivered, to Lendp.r or to Lp.ndm's r1p'"ignep., and when requested hy Lenner, clluse to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender IllIlY deem appropriate, any and all
<br />such mortgages, deeds of tru"t, sp.curity deeds, security agreements, financing stlltp.ments, continuation statp.lllent", in"truments of
<br />further assurancp., cmUficlltes, Ilnd other documents as may, in the sole opinion of Lender, be necessary or dp.sirllble in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trllstor's ohliglltions under the Note, this Dep.d of Trust, and the Related
<br />Documents, and (2) the liens and security interests crp.ated by this Dep.d of Trust as first and prior lip.ns on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unlp."" rrohihitp.d hy law or Lender agrees to the contrary in writing, Trustor shllll
<br />reimburse Lender for all costs and p.xrp.n"p'" incurred in connection with the matters referred to in this paragraph.
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<br />Attorney-in-Fact. If Trustor fails to do Ilny of the things referred to in the preceding ll1lragmrh, Lender may do so for and in thp. name
<br />of Trustor and 1lt Trustor'" expense. For such purposes, Trustor hereby irrP.vocnbly IlPpoints Lender as TruSlOr's attornoy in fact for
<br />thp. pur rose of milking, executing, delivering, filing, recording, Ilnd doing IlII other things as may be necp.SSllry or desirable, in Lender'S
<br />sole opinion, to accomplish the mattp.rs refp.rred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise rerforms all the obligations imposed uron Trustor
<br />under this Deed of Trust, Lp.nder shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of tmminlltion of any financing statement on file evidencing Lp.ndor's security interest in the Rent" nnd the
<br />Personnl Prorerty. Any reconveyance 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 Dp.P.rl of Trust if any of the following hnrron:
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<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
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<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
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