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<br />loan No: 0872056647
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200800841
<br />
<br />Page 3
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<br />Title. Trustor warmnts 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 thiln 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 ri(Jht,
<br />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 warmntR FInd will forever defend the title to the Property
<br />FlgFlinst the lawful claims of all persons. In the event any action or proceeding iR commenced thFlt (]uestions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor'R expense. Trustor may be the
<br />nominal party in such proceeding. but Lender shall be entitled to participate in the proceeding and to be repreRented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instrumcnts FlS Lender may
<br />re(]UeRt from time to time to permit Ruch participation.
<br />
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's URe 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 statementR TruRtor haR made in thiR 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 />CONDEMNATION. The following provisions relilting to condemnation proceedings are a part of this Deed of TruRt:
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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 Rhall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and TruRtor will deliver or cause to be delivered to Lender such instruments and documentation aR mny 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 the Property 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 Rhall meAn the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by TrURtee 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 chargeR are a part of thiR Deed of TruRt:
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<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shilll execute such documentR in addition to this Deed of Trust
<br />and take whatever othp.r action is lP.(]up.sted by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for nlltnxeR, aR dp.Rcribed 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 chargeR 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 Rpecific tax upon thiR type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) il specific tax on Trustor which Trustor is authorized or
<br />required to deduct from paymentR on the IndebtedneRR sp.culP.d by this type of Deed of Trust; (3) a tax on thiR type of Deed of Trust
<br />chargeable against the Lender or the holder of the Credit Agreement; nnd (4) a specific tax on all or any portion of the Indebtedness
<br />or on payments of principal and interest made by Trustor.
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<br />Subsequent Taxes. If any tax to which this section applies is enacted RubRe(]uent to the date of this Deed of Trust, this event shall
<br />hnve the same effect as an F.vent of Default, and Lender may exerciRe any or all of itR availnble remedies for an Event of Default as
<br />provided below unleRR Trustor p.ither (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in ttle
<br />Taxes and Liens section and depoRits 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 thiR Dep.d of Trust:
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<br />Security Agreement. ThiR inRtrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rightR of a Recured pnrty under the Uniform Commercial Code as amended from time to time.
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<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender'R
<br />security interest in the PerRonal Property. In addition to recording this Deed of Trust in the real property records, lender may, at any
<br />time and without further authorization from Trustor, file executed counterpartR, 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, TruRtor Rhall not remove, Rever or detach the PerRonal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the 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.
<br />
<br />Addresses. The mailing addreRses of Trustor (debtor) and lender (secured party) from which informntion concerning the Recurity
<br />interest granted by thiR Deed of Trust may be obtnined (ench as required by the Uniform Commercial Codp.) are as stated on the first
<br />page of thiR Deed of TruRt.
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<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assuranceR and attorney-in-fact are a part of
<br />thiR Deed of Trust:
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<br />Further Assurances. At nny 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'R 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 aR Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation Rtatements. instruments of
<br />further aRRurance, certificateR, 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) TruRtor'R obligationR under the Credit Agreement, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of TruRt aR 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 matterR referred to in this paragraph.
<br />
<br />Attorney.in-Fact. If TruRlor failR to do any of the thingR referred to in thp. preceding paragraph. Lender rnay do so for and in the name
<br />of Trustor and at TruRtor'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 neceRRary 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 Trustor pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the
<br />obligations imposed upon Trustor under this Deed of Trust, lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security
<br />interest in the RentR and the Personal Propp.rty. Any reconveyance fee re(]uired by law shall be paid by Trustor, if permitted by applicable
<br />law.
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<br />EVENTS OF DEFAULT. Trustor will be in default under thiR Deed of Trust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material miRrepreRentation at any time in connection with the Credit Agreement. This can include, for example, a falRe Rtatement
<br />about Trustor's income, assetR, liabilities, or any other aRpects of Trustor'R financial condition. (8) Trustor does not meet the repllyment
<br />terms of the Credit Agreement. (C) Trustor'R action or inaction adversely affectR the collateral or Lender's rights in the Gollaterll!. ThiR
<br />can include, for example, failure to maintain required insurance, waste or dp.Rtructive URP. of the dwelling, failure to pay taxes, death of all
<br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwclling without Lender's permission,
<br />foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under thiR Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise anyone or more of the following rights and remedies:
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