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<br />Loan No: 0872056701
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200800987
<br />
<br />Page 3
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<br />rights provided for in this pllragmph shllll be in Ilddition to any other rights or Ilny remedies to which Lendm mllY he entitled on account of
<br />any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from Ilny remedy that it otherwise
<br />would have had.
<br />
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relllting to ownership of the Property are a part of this Deed of Trust:
<br />
<br />Title. Trustor warrants thllt: (a) Trustor holds good and mllrketllble 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 the Existing IndehtRdness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, 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 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, Trustor shall defend the m;tion at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, hut Lender shllll he entitled to pmticipllln in thn proceflding and to he represented in the proceeding
<br />by counsp.1 of Lender's own choice, Ilnd 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 applicahle
<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 Ilre a part of this Deed of Trust:
<br />
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may he 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 instruments evidflncing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />
<br />No Modification. Trustor shall not entm into any agreement with tho holder of any mortgago, deed of trust, or othP.r security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended. extended, or renRwed without
<br />the prior writtfln 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 relllting to condemnation proceedings are a part of this Deed of Trust:
<br />
<br />Proceedings. If any proceeding in condRmnation is filed, Trustor shllll promptly notify Lender in writing, Ilnd Trustor shall promptly
<br />take such steps IlS may he necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br />procfleding, 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 pllrticiplltion.
<br />
<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 ttlllt all or any portion of the net procfleds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the aWllrd shall nlfJan the Ilward after payment of
<br />all reasonable costs, expenses, Ilnd 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 relating 10 governmental
<br />taxes, fees and charges Bra a part of this Deed of THJst:
<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 Ilction is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimhurse Lender for IlII 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, Ilnd othcr charges for recording or registering this Deed of
<br />Trust.
<br />
<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 Trustor which Trustor is authorized or
<br />requimd to deduct from pllyments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeahle agllinst the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness
<br />or on payments of principal and interest madR hy Trustor.
<br />
<br />Subsequent Taxes. If any tax to which this section applies is enacted suhsequent to the date of this Deed of Trust. t.his 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 surelY 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 Properly constitutes fixtures, and
<br />Lemler shall have all of the rights of a secured party under the Uniform Commercial Code as Ilmended from time to time_
<br />
<br />Security Interest. Upon request hy Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Personlll Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any
<br />time and without further Iluthorization from Trustor, file executed counlerparts, copies or reproductions of this Deed of Trust as a
<br />finllncing stlltement. 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 Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convRnient to Trustor and Lender and make it
<br />Ilvllilable to Lender within three (3) days nfter 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 ohtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />
<br />FURTHER ASSURANCES; ATTORNEY-IN.FACT. The following provisions relating to further Ilssurllnces 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 Ilnd deliver, or will cause
<br />to he mllde, executed or delivered, to Lender or to Lender's designee, and when requested hy Lender, cause to he filed. recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices Ilnd 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 />Rffectuate. complete, perfect, continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, am!
<br />the Related Documents, and (2) the liens and security interests created hy this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired hy Trustor. Unless prohibited by law or Lender Ilgrees to the contrary in writing. Trustor shall reimburse Lender
<br />for all costs 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 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 milking. executing, delivering, filing, recording, Ilnd 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 pllragraph.
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