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<br />Loan No: 99893
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200708313
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<br />Page 3
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<br />Jl'
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<br />"paying all.,costs.1o.r ins4flng, I]lai,ntaining'and ,preserving the Property. All such expenditures incurred or paid by Lender for such purposes
<br />" will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor, All
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
<br />'balance of the Note and pe apportioned among and be payable with any installment payments to become due during either (1) the term of
<br />, 'any applil:abie insurance 'poiicy; ori2) the remtliflfng' term .of the Note; or (C) be treated as a balloon payment which will be due and
<br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
<br />rights and remedies to which Lender may be entitled upon Default.
<br />
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
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<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final
<br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust to Lender.
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<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Prope,rty
<br />against the lawfuJ.claims of all.p.ersons. 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.
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<br />Complhmc::e 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 Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />
<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 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~~' ~~t.a~~~atio~~_,.~ i+\. -.\OWcl ~ho....\rol be. ,a.Cl +0 ""'- Tr&A.$~r \An leSS "t\c
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<br />Application of ~t'+?oc~ or any part of t~e Property is condemned by eminent domain proceedings or by any proceeding or bo..~~r
<br />purchase in lieu of condemnation, ender may at its election require that all or any portion of the net proceeds of the award be applied :, it)
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment ofd ~. .
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or, Lender in connection with the condemnation. e.~I"
<br />
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORIT.IES. The following provisions relating to governmental :t\ Wk"~
<br />taxes, fees and charges are a part of this Deed of Trust: CQa$e..
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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 the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower 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 type of Deed 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 made by Borrower.
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<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:
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<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.
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<br />Security Interest. Upon K"'!-lPst JgrtJender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the RMll'! ~8A!l1 PreIii8rt)l, In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. r. '"'~t"n ~1.(1.1I, ~;.. .b......:,~ L,:,,,dar fer all aHf38rLB!S iR8l=1rr88 iFl fjarf88tiRg er gg~ti~' liRS t~it ~^"""";+Y
<br />ilAltarast. WpSA &ilQfawlt, Tr'na;r Gl:lall R"t r9A=tfl"9, Gg"gr gr ggt~QR tRU Dg"'f?'qpl Pr;v~grt.: fr~m t~y f}rQr;?wrtv IlpO~ "01;1.11\, T~~.t:'+^.. II'h...1I
<br />ll11llerl..,le "", Per3el,,,1 PI 5!!,ert, net "tfblal!! tll tlole Prlll'erty iA 8 Rl8f'1nB~.8f1B et a !!,Iellll rlleeeAellly eeAveAieAt te Trl:lster 8AB l.eFlBer
<br />1'I1"1l"l 1'1,111(" it 1I.lIilll.,l" tl:l Ll:l'ld"r .. it"'!I, tl'lre" (a) l!!a, 3 aftar reeeil't af .. rittaFl elan.8f'1B fre"" LeABer te tile eliteRt liieF""itteellly a1ii1ii1i8811le
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<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 (each as required 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; ATTOR~EY-II'tFACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of TrusM time. 0'" ~.+G.~H $~.6
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<br />Further Assurances. At anyqime, 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 such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, 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) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
<br />shall 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 the preceding paragraph, Lender 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, filing, recording, and 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.
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<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations
<br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in
<br />the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
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