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". ~ loan No: 807437 DEED OF TRUST ( Continued) 200708138 Page 3 Trust, and (b) Trustor has the full right, pawer, and authority to execute and deliver this Deed .of Trust ta Lender. Defense .of Title. Subject ta the exception in the paragraph abave, Trustar warrants and will forever defend the title to the Praperty against the lawful claims .of all persons. In the event any actian or proceeding is commenced that questions Trustor's title or the interest of Trustee .or Lender under this Deed .of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the naminal party in such proceeding, but Lender shall be entitled to participate in the proceeding and ta be represented in the proceeding by caunsel .of Lender's own choice, and Trustar will deliver, .or cause ta be delivered, ta Lender such instruments as Lender may request fram time ta time ta permit such participatian. Campliance With Laws. Trustar warrants that the Praperty and Trustar's use .of the Property camplies with all existing applicable laws, .ordinances, and regulatians .of gavernmental authorities. Survival .of Pramises. All pramises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and delivery .of this Deed .of Trust, shall be cantinuing in nature and shall remain in full farce and effect until such time as Trustar's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The fallawing provisians cancerning Existing Indebtedness are a part .of this Deed .of Trust: Existing Lien. The lien .of this Deed .of Trust securing the Indebtedness may be secandary and inferiar ta an existing lien. Trustor expressly covenants and agrees ta pay, .or see ta the payment .of, the Existing Indebtedness and to prevent any default an such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security dacuments far such indebtedness. Na Madificatian. Trustor shall not enter into any agreement with the halder .of any martgage, deed .of trust, .or ather security agreement which has priority aver this Deed of Trust by which that agreement is madified, amended, extended, or renewed withaut the priar written cansent .of Lender. Trustor shall neither request nar accept any future advances under any such security agreement without the prior written consent .of Lender. CONDEMNATION. The fallawing pravisians relating to condemnatian proceedings are a part .of this Deed .of Trust: Praceedings. If any proceeding in condemnation is filed, Trustor shall pramptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the actian and .obtain the award. Trustar may be the naminal party in such proceeding, but Lender shall be entitled to participate in the praceeding and ta be represented in the proceeding by caunsel .of its awn choice, and Trustar will deliver .or cause to be delivered ta Lender such instruments and dacumentatian as may be requested by Lender from time ta time ta permit such participation. Applicatian .of Net Praceeds. If all or any part of the Property is candemned by eminent damainpraceedings .or by any praceeding .or purchase in lieu .of candemnation, Lender may at its electian require that all .or any partian .of the net proceeds .of the award be applied to the Indebtedness .or the repair .or restorati.on of the Praperty. The net proceeds .of the award shall mean the award after payment .of all reasonable costs, expenses, and attarneys' fees incurred by Trustee or Lender in cannectian with the candemnatian. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The f.ollawing provisians relating ta gavernmental taxes, fees and charges are a part .of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Trust.or shall execute such dacuments in additian to this Deed .of Trust and take whatever ather actian is requested by Lender ta perfect and cantinue Lender's lien an the Real Praperty. Trustar shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recarding, perfecting .or cantinuing this Deed .of Trust, including withaut limitatian all taxes, fees, documentary stamps, and ather charges far recarding .or registering this Deed .of Trust. Taxes. Thefallawing shall c;onstitLJtet<lxes ta which this sectian applies: (1) a specific tax upon this type of Deed of Trustor upon all or any part .of "the Indebtedness secured by this Deed .of Trust; (2) a specific tax an Trustar which Trustor is auth.orized .or required ta deduct from payments an the Indebtedness secured by this type .of Deed .of Trust; (3) a tax an this type .of Deed .of Trust chargeable against the Lender .or the halder .of the Nate; and (4) a specific tax an all or any partian .of the Indebtedness .or an payments .of principal and interest made by Trustar. Subsequent Taxes. If any tax ta which this sectian applies is enacted subsequent ta the date .of this Deed .of Trust, this event shall have the same effect as an Event .of Default, and Lender may exercise any .or all .of its available remedies far an Event .of Default as provided belaw unless Trustar either (1) pays the tax before it becames delinquent, .or (2) cantests the tax as provided ab.ove in the Taxes and Liens sectian and depasits with Lender cash .or a sufficient carporate surety band .or ather security satisfact.ory t.o Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The fallawing pravisi.ons relating t.o this Deed .of Trust as a security agreement are a part of this Deed .of Trust: Security Agreement. This instrument shall canstitute a Security Agreement t.o the extent any of the Pr.operty constitutes fixtures, and Lender shall have all .of the rights .of a secured party under the Unifarm Cammercial Cade as amended from time to time. Security Interest. Upan request by Lender, Trust.or shall take whatever actian is requested by Lender ta perfect and cantinue Lender's security interest in the Persanal Praperty. In addition to recording this Deed .of Trust in the real property recards, Lender may, at any time and without further autharizatian fram Trustor, file executed counterparts, capies .or repraductians .of this Deed .of Trust as a financing statement. Trustar shall reimburse Lender far all expenses incurred in perfecting .or cantinuing this security interest. Upan default, Trustar shall not remove, sever .or detach the Persanal Pr.operty fr.om the Property. Upon default, Trustor shall assemble any Persanal Property nat affixed to the Praperty in a manner and at a place reasonably convenient t.o Trustor and Lender and make it available ta Lender within three (3) days after receipt .of written demand fram Lender t.o the extent permitted by applicable law. Addressas. The mailing addresses .of Trustar (debtar) and Lender (secured party) fram which infarmatian cancerning the security interest granted by this Deed of Trust may be .obtained (each as required by the Uniform Commercial Code) are as stated on the first page .of this Deed .of Trust. FURTHER ASSURANCES; ATTORNEY-iN-FACT. The fallawing provisions relating ta further assurances and attorney-in-fact are a part .of this Deed .of Trust: Further Assurances. At any time, and fram time ta time, upon request of Lender, Trustar will make, execute and deliver, .or will cause ta be made, executed .or delivered, ta Lender .or ta Lender's designee, and when requested by Lender, cause t.o be filed, recarded, refiled, .or rerecarded, as the case may be, at such times and in such .offices and places as Lender may deem apprapriate, any and all such mortgages, deeds .of trust, security deeds, security agreements, financing statements, cantinuatian statements, instruments .of further assurance, certificates, and other documents as may, in the sale apinian .of Lender, be necessary .or desirable in order to effectuate, camplete, perfect, continue, or preserve (1) Trustar's abligatians under the Nate, this Deed .of Trust, and the Related Dacuments, and (2) the liens and security interests created by this Deed .of Trust an the Praperty, whether naw awned .or hereafter acquired by Trustor. Unless prohibited by law .or Lender agrees ta the c.ontrary in writing, Trust.or shall reimburse Lender for all costs and expenses incurred in cannecti.on with the matters referred ta in this paragraph. Attarney-in-Fact. If Trust.or fails to d.o any of the things referred t.o in the preceding paragraph, Lender may do sa for and in the name of Trustar and at Trustar's expense. Far such purpases, Trustor hereby irrevocably appaints Lender as Trustor's attorney-in-fact for the purpose .of making, executing, delivering, filing, recarding, and d.oing all ather things as may be necessary or desirable, in Lender's sale apinian, ta accamplish the matters referred ta in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise perf.orms all the obligations impased upan Trustar under this Deed .of Trust, lender shall execute and deliver ta Trustee a request far full recanveyance and shall execute and deliver ta Trustar suitable statements of termination of any financing statement an file evidencing Lender's security interest in the Rents and the Persanal Property. Any rec.onveyance fee required by law shall be paid by Trustor, if permitted by applicable !aw. EVENTS OF DEFAULT. At Lender's .option, Trustor will be in default under this Deed.of Trust if any of the foll.owing happen: Payment Default. Trustor fails ta make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made ta Lender or fails to perf.orm pramptly at the time and strictly in the manner ~,: ,,: f' "po, i' ."j .t ,it