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<br />'-I <br /> <br />loan No: 807160 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200700128 <br /> <br />Page 3 <br /> <br />ngflinSI the lilwful clilims of illl rersons. In the event nny flction or proc88ding is commenced thilt questions Trustor's title or the <br />intomst of Trustee or Lender under this Deed of Trust, Trustor slmll dp.fp.nd thp. nction at Trustor's exrense. Trustor may be the <br />nominal rarty in such proceedin~j. bllt Lender shilll be entitled to rarticirate in the rroceeding ilnd to be n'!prP.sented in tlm rroceeding <br />by counsel of Lender's own choicp., nnd Trustor will dp.liver, or ca'.Ise to be delivered, to Lendp.r such instruments as Lender milY <br />request from time to time to rermit such rarticirmion. <br /> <br />Compliance With Laws, Trustor WiHmnts that the Propp.rty and Trustor's use of the Property complies with all existing IIprliCllble <br />lilWS, ordinances, and regulations of govp.rnmp.ntfll nuthorilip.s. <br /> <br />Survival of Promises. All promises, ngreemp.nts, 811d statements Trustor has made. in this Deed of Trust Sh811 survivp. the exp.cu1.ion <br />and delivery of this Dp.p.d of Trust, slmll bp. con1.inuing in n8ture and shali remain in full forcp. and effp.ct until such timp. ns Trustor's <br />Indebtednp.ss is rairl in full, <br /> <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br /> <br />Existing Lien. The lien of this Deed of Trust securing the Inrlebterlness may be secondary and inferior to an existing lien. Trustor <br />exrressly COVfHHltlt.S 8nd agrp.p.s to p8y. or l'lP.P. to thp. payment of, the Existing Indebtp.dnp.ss nnd 10 rrevent Imy default on such <br />indebterlness, any default under the instruments evidencing such indebtedness, or any default unrler any security documents for such <br />indebtedness. <br /> <br />No Modification. Trustor shall not enter into any agrerHnent with the holder of any mortgage, 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 shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br /> <br />CONDEMNATION. The following provisions relating to condemnation proceedings 8re a part of this Deed of Trust: <br /> <br />Proceedings. If any proceeding in condemniltion is filed, Trustor shall rromptly notify Lender in writing, nnd Trustor shall promrtly <br />t8ke such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominnl party in such <br />pmcp.FHling, but Lender shilll be entitled to pilrticipate in the proceeding and to be represented in thp. pmGrlP.rJing by counsel of its own <br />choice, And Trustor will deliver or CAuse to be delivered to Lender such instruments 8nd documentation as may be requested by <br />Lender from time to time to permit such rarticirntion. <br /> <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain rroceedin(1s or by 8ily proceRrJing or <br />pllrchasl'! in lieu of condemnAtion, Lender may ilt its election require that all or any rortion of the net rHocp.eds or the nwmd be npplied <br />to tbe Indebtedness or the rerair or restoration of tbe Property. HIp. net proceeds or the awarrl shAll mean the aWArd after payment of <br />All reAsonAble costs, expp.nses, 8nd nttorrwys' fep.s incurred by TruS!p.e or Lender in connection with the condemnation. <br /> <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relatin!J to governmental <br />taxes, fp.p.s and chargp.s are a part of this Deed of Trust: <br /> <br />Current Taxes, Fees l'lnd Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and takp. what.ever other action is requested by Lender to perfect and continue Lender's lien on the ReAl Property. Trustor shall <br />reimburse Lenrler for all taxes, as rlescribed below, togetl1N with All exrer1ses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation nil taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br /> <br />Taxes. The following Sh811 constitute taxes to which this section applies: (1) 8 specific tl'lX upon this type of Deed of Trust or uron <br />all or any part of the Indp.btedness securerl by this Oeerl of Trust; (2) a specific tax on Trustor which Trustor is authorized 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 a(1ainst the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on <br />rayments of principal and interest made by Trustor. <br /> <br />Subsequent Talles. If any tax to which this section applies is enacted subsequent to the date of this Deerl of Trust, this event shall <br />have the same effect as an Event of Default, and Lender n18Y exercise any or all of its available remerlies 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 provirlerl abovo in the <br />Taxes IInd Liens section 8nd derosits with Lenrler cash or n sufficient corporate surety bond or other security satisfactory to Lender. <br /> <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following rrovisions relating to this Deed of Trust as a security Ilwep.nwnt are A <br />part of this Deed of Trust: <br /> <br />Security Agreement. This instrument shall constitute a Security Aweement to the extent any of the Property r:onS!iwtp.s fixtures, nnrl <br />Lender shall have all of the ri!Jhts of a secured party under the Uniform Commercial Code as amended from time to time. <br /> <br />Security Interest. Upon reqUp.st by Lp.ildP.r, Trustor shAll tflke whnlp.vp.r Ilr:tion is requested by Lender to perfect ilnd continup. Lp.ndm's <br />security interest in thA Personal Property. In addition to recordin!J this Deed of Trust in the real property records, Lender may, at Imy <br />time anrl without furtlwr authorizlltion from Trustor, file executerl counterparts, copies or reproductions of this Op.ed of Trust as a <br />financing staternent. Trustor shall reimburse Lender for fill expenses incurred in perfecting or continuin!J this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from thp. Property. Uron rlefault, Trustor shall assemble any <br />rmsonal Prorerty not Ilffixed 10 ttw Property in a mAnner and nI n rlacP. reAsonnbly convenient to Trustor and Lender and mllkp. it <br />aVAilAble to Lender within tbree (3) days after receipt of written demand from Lenrler to the extent permitted by aprlicable law. <br /> <br />Addresses. Tim m8iling Ilddressp.s of Trustor (debtor) ami Lendor (sp.r:ured pArty) from which information concernin(1 thp. securily <br />intp.rest grnnted by this Dp.ed of Trust nlllY be obtained (ench ns reCluimd by the Uniform Commercial Code) are as stated on thp. first <br />pilge of this Deed of Trust. <br /> <br />FURTHER ASSURANCES; ATTORNEY "IN-FACT. The following provisions mlating to further assurances and attorney-in-f nct me a pmt of <br />this Deed of Trust: <br /> <br />Further Assurances. At any time, nnd from time to time, uron request of Lender, Trustor will rnake. p'XAcutP. flnd deliver, or will CAuse <br />to be made, executed or delivered. to I.ender or to LendP.r's designee. find when mquested by Lenrler, cause to be filed, recorded. <br />refiled, or rerecorded, as the case may be, at such times and in such orfices 8nd plllces as Lender may deem appropriate, any 8nd 811 <br />such mortg8gp.s, dp.p.ds of trust, sp.curity deeds, security agreomonts, financing statements, continuation SUHAmp.nts, instrumonts of <br />further IIssurance, 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 rreserve (1) Trustor's obligations under the NOle, this Doerl of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Dp.ed of Trust 8S first anrl prior liens on the Property, whether <br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender flgrees to the contrary in writing, Trustor SI1811 <br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paranraph. <br /> <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding par8graph, Lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes. Trustor hereby irrevocably Arroints Lender as Trustor's attorney-in fACt for <br />the purrose of making, executing, delivering, filing, tecording, 8nd doing all other thin!JS as may be necessary or desirable. in Lenrler's <br />sole opinion, to accomrlish the matters refmmd to in the pmcp.ding parngrarh. <br /> <br />FULL PERFORMANCE. If Trustor pays all the Indp.ht.edness whp.n due, nnd otherwise rerforms illl the obligntions imposed uron Trustor <br />undp.r this Deed or Trust, Lendor sililll execute and deliver to Trustee a request for full reconvp.yance and shall execute and deliver to <br />Trustor suitnblp. statements of lermination of any financing stiltement on file evidencing Lenrler's security interest in the nent.s and tho <br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if rermitterl by aprlicable law. <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 when due under the Indebtedness. <br /> <br />Break Other Promises. Trustor breaks any promise mflde to Lp.ndm or fails to perform promrtly at the time 8nd st.rictly in the manner <br />provided in I.his Dp.ed or Trust or in Any nweement relaterl to tilis Deed of Trust. <br /> <br />Compliance Defl'lult. Failure to comply with 8ny other term, obligntion, covenant or condition contained in this Doed of Trust, the Note <br />