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<br />loan No: 807248
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200703989
<br />
<br />Page 3
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<br />any title insurance policy, title report, or final title opinion issued in favor 01. and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />
<br />Defense of Title. Subject to the exception in the paragraph Above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful cl,aims 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 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 and shall remain 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 paymp.nt 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, dew] 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 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 such
<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 Lender such 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 PropGrty is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require lhat all or any portion of the net proceeds of thp. award be applied
<br />to the Indebtedness or the repilir or restoration of the Property. The net proceeds of the award shall mean the aWilrd ilfter payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relilting to governmental
<br />taxes, fees and charges are a part of this Dew] of Trust:
<br />
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to tbis Deed of Trust
<br />and take whntever other action is requp.stp.d by Lender to perfect and continup. Lender's lien on the Real Property. Trustor sball
<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 tbis section applies: (1) a specific tax upon this type of Dp.ed 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 type of Deed of Trust; (3) a tax on this typP. of Deed of Trust
<br />chargeable against the Lender or thG holder of the Note; and (4) il specific laX on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />
<br />Subsequent TalC:es. If any tax to which this section applies is enacted suhsequent to the date of this Deed of Trust, this event sbilll
<br />have the same effect as iln 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) contp.sts thp. 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. ThG following provisions relating to this Deed of Trust as a sp.curity agreement are a
<br />part of this Deed of Trust:
<br />
<br />Security Agreement. This instrument shall constitute a Security Agreement to thp. p.xtent 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 hy Lender, Trustor shall take whiltever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Dp.ed of Trust in the real property records, Lender may, at any
<br />time and without further authorization from Trustor, file executed counterparts, 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 sp.curity interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor sbilll ilssp.mble any
<br />Personal Property not affixed to the Property in a manner and at a plilce reasonably convenient to Trustor and Lender and make it
<br />available to lender within three (3) days attm receipt of written demand from Lender to the extent pp.rmitted by Applicable Jaw.
<br />
<br />Addresses. The mailing ilddresses of Trustor (debtor) and Lender (secured party) from whiCh information concerning the security
<br />interest granted by this Deed of Trust may he obtained (each as required by the Uniform Commp.rcial Codp.) arp. as stated on the first
<br />pilge of this Deed of Trust.
<br />
<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:
<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 designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at sucb times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, Sp.curily deeds, security agreements, financing stiltements, continuation statements, instruments of
<br />further assurance, certificates. and otber documents as may, in the sole opinion of Lender, be necessilry 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, ilnd (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unlp.ss prohihited by law or Lender agrees 1.0 the contrary in writin~J, Trustor shall reimburse Lender for nil costs
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />
<br />Attorney-in-Fact. If Trustor fails to do any of tbe things referred to in the preceding paragraph, Lender may do so for and in the namp.
<br />of Trustor and at Trustor's expense. For such purposp.s, Trustor hereby irrevocably ilPpoints Lender as Trustor's attorney in fact for
<br />the purpose of making, executing, delivering, filing, mcording, and doing all other things as may be necessary or desirilble, in Lender's
<br />sole opinion, to accomplish the matters referred to in the pmcedin(l paragraph.
<br />
<br />FULL PERFORMANCE. If Trustor pays flll the Indebtedness when due, and otherwise pp.rforms all thp. obligations imposp.d \Jpon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute ilnd deliver to
<br />Trustor suitahle statements of termination of any financing stfllement on file evidencing Lender's security interest in thp. Rp.nts and thp.
<br />Personal Property. Any mconveyance 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 dp.fflult under this Deed of Trust if any of the following happen:
<br />rPayment Default. Trustor fails to make ilny payment when due under the Indebtedness.
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