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<br />200700563
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<br />Loan No: 807170
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<br />DEED OF TRUST
<br />( Continued)
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<br />Page 3
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<br />against the lawful claims of all persons. In the event any action or proceeding 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 the
<br />nominal party in such proceeding, but Lender Shilll be entitled to pilrtir:ipate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
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<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
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<br />Survival of Promises. All promises, agreements, 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 shilll 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 provisions concerning Existing Indebtedness are a part of this Deed of Trust:
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<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing 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 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 Shilll neither re'1uest 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 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 defend the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender Shilll be entitled to participate in the proceeding ilnd to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause 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 part of thp. Proporty is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, LendP.r may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the rp.pair or rp.storation of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, p.xpp.nses, and attorneys' fees incurmd by Trustp.p. or Lender in connection with the condemnation.
<br />
<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 by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender'S lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, 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 shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of thp. Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness SP.CIHP.d by this type of Deed of Trust; (3) a tax on this type of Dewl 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 milde by Trustor.
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<br />Subsequent Talles. If any tax to which this section applies is enacted subse'1uent to the date of this Deed of Trust, this event shall
<br />have the sarne effect as an Event of Default, and Lender may exercisp. any or all of its available remedies for an Event of Dp.fault as
<br />provided below unless Trustor either (1) pays the tax bp.fore it bncomes delinquent, or (2) r:ontests the tax as provided above in the
<br />Taxp.s and Liens section and deposits with Lender cash or a sufficip.nt corporate surety bond or other security satisfactory to Lender.
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<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions mlating 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 instrump.nt shall constitute a Security A(Jreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
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<br />Security Interest. Upon request by Lendp.r, Trustor shall take whatever action is re'1uested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed of Trust in the real property rp.cords, Lp.nder may, at any
<br />time and without funher authorization from Trustor, filp. p.xp.cutp.d countnrparts, copies or rp.productions of this Deed of Trust as a
<br />financing statp.ment. Trustor shall reimburse Lender for all p.xpenses incurred in perfecting or continuing this security interp.st. Upon
<br />default, Trustor shall not remove, Sp.VP.r or detach the Personal Property from tllp. Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to thn Property in a manner and at a place reasonably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
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<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (sp.cured party) from which information concerning the security
<br />interest granted by this Dp.ed of Trust may be obtained (each as re'1uired by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating 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 time to time. upon rnqup.st of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lp.ndp.r's dp.signep., and when requestp.d by Lender, cause to bp. filed, recorded,
<br />refiled, or rP.rp.cordp.d, as the case may be, ill such timp.s and in such offices and placp.s as Lender may dep.m appropriate, any and all
<br />such mortgages, deeds of trust, security dneds, security agreements, financing statements, continuation statements, instrump.nts of
<br />further assurance, certificates, ilnd othm documents as may, in the solp. opinion of Lender, be np.cessary or desirable in order to
<br />effectuate, r:ompletp., pP.rfp.ct, continue, or prp.sp.rvp. (1) Trustor's obligations under thp. Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security intemsts created by this Deed of Trust as first and prior liens on the Property, whethnr
<br />now owned or hereafter acquimd by Trustor. Unless prohibited by law or Lender agrees to thp. contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses 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 thp. pmceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's p.xpp.nsp.. For such purposes, Trustor herp.by irrevocably appoints Lendp.r as Trustor's attorney-in-fact for
<br />the purpose of making, executing, dp.livp.ring, filing, recording, and doing all other things as may bp. necessary or desimble, in Lender's
<br />sole opinion, to accomplish the mattnrs referred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when dup., and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and dp.livm to Trustp.e a request for full mconveyance and shall execute and deliver to
<br />Trustor suitable statemp.nts of termination of any financing statement on file evidencing Lender's security intp.rest in the Rents and the
<br />Personal Property. Any reconveyance fee rp.quired 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 bp. in default under this Deed of Trust if any of the following happen:
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<br />Payment Default. Trustor fails to make any payment when due under the Indebtp.dness.
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<br />Break Other Promises. Trustor breaks any promise rnadn to Lp.nder or fails to perform promptly at the time and strictly in the mannp.r
<br />provided in this Deed of Trust or in any agreement related to this Dp.ed of Trust.
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<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
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