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<br />Loan No: 806987
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200703103
<br />
<br />Page 3
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<br />Defense of Title. Subject to the exception in the paragmph above, Trustor warrants and will forever defend the title to the Property
<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, TruslOr shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate 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.
<br />
<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.
<br />
<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 ond sholl remoin in full force and effect until such time as Trustor's
<br />Indebtedness is paid 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 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 inSlfuments 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 shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender,
<br />
<br />CONDEMNATlDN. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />
<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 sllch
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to L.ender sllch instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation,
<br />
<br />Application of Net Proceeds. If all or any part of the Propmty is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender 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 repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or LendP.f 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 TruSI:
<br />
<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 requeRted by Lender to perfect and Gontinue 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,
<br />
<br />Taxes. The following shall constitute taxes to which this section ,1Pplies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the 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 secured by this tyre of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of Ihe Note: and (4) a specific tax on all or (lny portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent 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 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 provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />
<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:
<br />
<br />Security Agreement, This instrument shall constitute a Security Agreement 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.
<br />
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested 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 records. Lender may, at (lny
<br />time and without further authorization from Trustor, file executed Gounterparts. copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default. Trustor shall not remove. sever or detach the Personal Property from the Prorerty. Upon default, Trustor shall assemble any
<br />Personal Property not affixecl to the Property in a manflf!f and at fl place reasonably convenient to Trustor and l.ender (lnd make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (eflch os required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust,
<br />
<br />FURTHER ASSURANCES; ATTORNEV"IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />
<br />Further Assurances. At any time. and from time to time, upon request of Lender. Trustor will make. execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's desi9nee. and whlln requested by Lender. cause to be filed. recorded.
<br />refiled. or rerecorded. as the case may be, at such times (lnd in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust. security deeds, security agreements, finanGing sttltements. continuation statements. instruments of
<br />further assurance. 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 preserve (1) Trustor's obligations under the Note. this Deed of Trust. and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property. whether now owned or hereafter
<br />acquired by Trustor, Unless prohibited by law or Lender agrees to the contrary in writing. Trustor shall reimburse Lender for all costs
<br />and expenses incurred in Gonnection with the matters referred to in this paragraph.
<br />
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in tile preceding paragraph. L.ender may do so for and in the name
<br />of Trustor and at Trustor's expense, For such purposes. Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making. executing, delivering, filin9, recording. (lnd doing all other things as may be necessary or desirable. in Lender's
<br />sole opinion. to accomplish the matters referred to in the preceding paragraph.
<br />
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due. and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed of Trust. Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute (lnd deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property, Any reconveyance fee required by law shall be paid by Trustor. if permitted by applicable 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.
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<br />Break Other Promises. Trustor breol<s any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust.
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