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<br />Loan No: 807102
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<br />DEED OF TRUST
<br />( Continued)
<br />
<br />.
<br />
<br />200700417
<br />
<br />It
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<br />Page 3
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<br />Defense of Title. Subject to the exception in the parngrnph abovp., Trustor warrants and will forp.ver defend the title to the Property
<br />agilinst the lawful claims of all persons. In the evp.nt any action or proceeding is commencp.d that questions Trustor's title or tbe
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding. but Lp.ndp.r shall be entitled to participate in the procp.p.ding and to be represp.ntp.d in the proceeding
<br />hy counsel of Lender's own choice, ami Trustor will deliver, or cause to be dp.livp.md, to Lender such instruments as Lender may
<br />requp.st from time to tin18 to permit such participiltion.
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<br />Compliance With Laws. Trustor warmnts that the Property ilnd Trustor's USP. of the Property complies with all existing applicable
<br />laws, ordinancp.s, and mgulAtions of governmentill iluthoril.ies_
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<br />Survival of Promises. All promises, agreements, and statement.s Trustor hAS made in this Deed of Trust shall survive the execution
<br />And dp.livp.ry of this Deer1 of Trust, shall be continuing in nAturP. And shAll remain in full force and effect until such time as Trustor's
<br />Indebtedness is pilid 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. Thp. lien of this Deed of Trust securing the Indebtednp.ss milY be secondary and inferior to an existing lien. Trustor
<br />expressly covp.nants and Agrees to pay, or see to thp. pAymp.nt of, the Existing Indebtedness And to prevent any default on such
<br />inrlebtp.dness, Any dftfAult under the instruments p.videncing such indebtedness, or any defAult under any security documents for such
<br />indebtedness.
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<br />No Modification. Trustor shall not enter into any Agreement with the holder of any mortgilge, deed of trust, or other security
<br />aweement which hAS priority over this Deed of Trust by which thilt ilgreement is rTlodifip.d, Amended, extended, or mnf!wed 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.
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<br />CONDEMNATION. The following provisions relating to condemnation proceedings ilre a part of this Deed of Trust:
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<br />Proceedings. If any proceeding in condemnation is filed, Trustor shilll promptly notify Lender in writing, and Trustor shall promptly
<br />tnke such steps as may be necessary to df!frmd the action and obtain the award, Trustor may be the nominal pilrty in such
<br />procp.f!ding, but Lender shall be entitled to pnrticipate in the proceeding and to be represf!nted in the proceeding by counsel of its own
<br />choice, ilnd Trustor will deliver or causP. to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
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<br />Application of Net Proceeds. If all or any prlrt of the Pro[Jerty is condemned by p.minf!nt domain [Jroceedings or by any proceeding or
<br />[Jurchase in lieu of condemnrttion, Lendm may ill. its election require that rill or rlny portion of the net procf!eds of the award be applif!d
<br />to the Indebtedness or lhe repair or restoriltion of the Property, The net proceeds of the aWrlrd shall mean the aWflrd !lIter payment of
<br />all reasonrlble costs, expenses, and attorneys' ff!p.s incurred hy Trustee or Lender in connp.ction with the condf!mnation.
<br />
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions mlrtting to governmental
<br />trtxes, fef!S and chilrges ilre a part of this Deed of Trust:
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<br />Current Taxes, Fees and Charges, Upon request hy Lender, Trustor shall executp. such documents in rldrlition to this Deed of Trust
<br />and takf! whiltever other ilction is requf!stf!d by Lender to perfect and continue Lf!nder's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as describf!d below, together with all expenses incurmd in recording, perff!cting or continuing this Deed
<br />of Trust, including without limitation rill trlxes, fees, documentilry stamps, and other chilrges for recording or rf!gistering this Deed of
<br />Trust.
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<br />Taxes. The following shall constitute t!lxes to which this section ilPplies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or ilny part of the Indebtedness sf!cumd by this Deed of Trust; (2) a specific tax on Trustor which 'Trustor is iluthorized or
<br />required to deduct from paymp.nts on the Indebtedness secured by this typP. of Df!f!d of Trust; (3) a trtx on this type of Deed of Trust
<br />chrlrgerlble against thp. Lf!nder or the holder of the Note; rind (4) a specific tax on all or rlny portion of the Indebtedness or on
<br />prlymf!nts of principal and interest made by Trustor.
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<br />Subsequent Taxes. If ,my tax to which this section a[Jplies is enacted subsequent to thf! date of this Deed of Trust. this event shall
<br />hilve the Silme effect as an Event of Dp.fault, and Lender may exercise any or all of its available rernedif!s for an Event of Defilult as
<br />provided below unless Trustor either (1) [Jays the tax before it becomes delinquent, or (2) contests thf! tax as provided above in thf!
<br />Taxes and Liens section and deposits with Lender cash or a sufficip.nt corporate surety bond or othf!r security satisfactory to Lf!nder.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. Thf! 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 instrumf!nt shall constitute a Security Agrf!p.mp.nt to the extent any of thf! Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under lhe Uniform Commercial Code as amended from time to time.
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<br />Security Interest. Upon request by Lf!ndm, Trustor shall take whatever rlction is requested by Lender to perfect and continue Lender's
<br />security interest in the Personrll Property. In addition to recording this Dp.ed of Trust in the real property records, Lender mrlY, at ilny
<br />time and without further rluthorization from Trustor, file execulod counterparts, copies or reproductions of this Deed of Trust as a
<br />financing strtrp.mf!nt. Trustor shall reimburse LendP.t for all oxpenses incurred in perfecting or continuing this sp.curity interest. Upon
<br />default, Trustor shnll not remove, sever or detAch the Personal Pro[Jerty from thf! Property. U[Jon default, Trustor shall assemble rlny
<br />Personal Property not affixed to the Property in a milnner and at a placp. rf!rlsonably convenient to Trustor and Lender and mrlkf! it
<br />availilble to Lender within thmf! (3) days illter receipt of wrillen df!mand from Lender to the extont permitted by applicable law.
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<br />Addresses. The mailing addmssf!s of Trustor (debtor) rind Lp.ndm (secured party) from which information concerning the security
<br />interest granted by this Def!d of Trust may be obt!lined (erlch rlS mquired by the Uniform Commercial Code) are as statp.d on the first
<br />prlge of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY"IN-FACT. The following provisions mlating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from Hmp. to time, upon request of Lender, Trustor will make, execute flnd deliver, or will cause
<br />to 1)8 madp., executed or delivered, to Lender or to Lender's designee, and when mquested by Lender, cause to be filed, recorded,
<br />mfiled, or rerecorded, ilS the case may bf!, at such times and in such olficp.s and plilces as Lender may deem appropriate, rlny and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurancp.. certificates, ilnd other docunlP.nts flS may, in the sole opinion of Lf!nder, be necessary or desirable in order to
<br />effecturlte, complete, perfect, continue, or [Jreserve (1) Trustor's obligations under the Note, this Df!f!d of Trust, and the Rp.lrttf!d
<br />Documents, and (2) the lip.ns and security interests crertted by this Deed of Trust on the Property, whether now ownf!d or hereafter
<br />acquired by Trustor. Unlp.ss prohibited by law or Lf!ndf!r agrep.s to the contrary in writing, Trustor shall reimbursf! Lf!nder for all costs
<br />and expenses incurred in connection with the maHers referred to in this paragraph.
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<br />Attorney-in-Fact. If Trustor fails to do any of the things rf!ff!rmd to in the preceding paragraph, Lender may do so for flnd in the name
<br />of Trustor and at Trustor's expense. ror such purposf!s, Trustor hereby irrevocably appoints Lender as Trustor's rlHorney-in-fact for
<br />thf! purpose of making, executing, delivering, filing, recording, and doing all other things ilS may be necessary or desirable, in Lender's
<br />solf! opinion, to accomplish the mallers referred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Trustor pays all the Indp.btf!dness when due, and otherwise performs illl the obligations im[Josed upon Trustor
<br />undf!r this Def!d of Trust, Lender shall execute rind deliver to Trustee a request for full reconveyance and shall p.Xf!cute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidp.ncing Lender's security intf!r8st in the Rents and the
<br />Personal Pro[Jerty. Any reconveyanCf! fp.p. required by law shilll be paid by Trustor, if permitted by applicrlblf! law.
<br />
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in defilult under this Df!p.d of Trust if any of the following happen:
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<br />Payment Default. Trustor fails to mrlke rlny payment when due under the Indf!btf!dness.
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<br />Break Other Promises. Trustor breaks fITlY promise milde to Lender or fails to pf!rform promptly at thf! time and strictly in the mrlnner
<br />provided in this Deed of Trust or in any agreement relilted to this Deed of Trust.
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