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200805762 FIRST: That the Trustor hereby covenants and agrees, to the extent permitted by law, as follows: (a) to pay promptly when due the principal and interest and other sums of money provided for in the Note and in this Deed of Trust; (b) to promptly pay before delinquency all taxes, assessments and other charges imposed by law upon the Property, the Trustor's interest therein, or upon this Deed of Trust or the Note; provided, however, that in the event of any change of the law providing for the taxation of deeds of trust or debts thereby secured so as to affect this Deed of Trust, the entire indebtedness secured hereby shall, at the option ofthe Beneficiary, become due and payable; (c) to keep the above-described Property and the improvements thereon in good condition and repair and not to commit or suffer waste thereof, and except as authorized in any schedule annexed hereto and forming a part hereof, neither to remove nor permit the removal of any timber, buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of Beneficiary; (d) to maintain and deliver to Beneficiary policies of insurance against such hazards on the buildings and improvements now or hereafter located on or constituting a part of the Property as the Beneficiary shall require, in an amount not less than the total outstanding indebtedness herein and with such loss payable clauses as shall be satisfactory to the Beneficiary; that in the event of loss, Beneficiary is expressly authorized to settle or compromise claims under said policies and the proceeds thereof shall be paid to the Beneficiary who may apply the same or any part thereof on the indebtedness secured hereby or toward the reconstruction or repair of said buildings and improvements or release same to the Trustor; (e) to pay any lien, claim or charge against the Property which might take precedence over the lien hereof; (f) to pay on demand all legal expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by Beneficiary to collect the Note or foreclose or protect the lien of this Deed of Trust; (g) that in the event Trustor shall fail to comply with the provisions of (a) through (f) above, the Beneficiary may expend such funds and take such action as is necessary to remedy such failure and all sums paid by the Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a lien upon the Property, shall be secured by this Deed of Trust, and shall be immediately due and repayable to the Beneficiary; (h) not to sell the Property or any portion thereof without the approval of the Beneficiary in writing; and in the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and payable; and in the event of any sale herein prohibited, then the entire indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and payable; (i) that if the Property or any part or parcel thereof shall be taken or damaged under the power of eminent domain, the award for any Property so taken or damaged (including severance damages to the remaining premises) shall be paid to the Beneficiary and applied in full or in part at the option of the Beneficiary in reduction of the indebtedness hereby secured; U) that the Beneficiary shall have the right to inspect the Property at such reasonable times as the Beneficiary may desire to determine Trustor's compliance with the covenants contained in this Deed of Trust; (k) that the Beneficiary may release from the lien hereof any part or parcel of the Property without requiring any consideration therefor, and (I) that Trustor is lawfully seized of said premises and Property in fee simple, that the same are free from all liens and encumbrances except as may otherwise be specifically noted herein or waived in writing by the Beneficiary; that Trustor will execute or procure any further necessary assurances of title and does hereby warrant generally the title to said Property and will forever defend the same against the claims and demands of all persons whomsoever, and that Trustor's separate estate, whether vested, contingent or in expectancy, is hereby conveyed and Trustor does hereby expressly waive, release all rights and benefits of any homestead, dower, curtesy, appraisement, exemption and stay laws of this state. It is agreed that the interest provided for in subsection (g) above shall be at the same rate as specified in the Note secured hereby on the principal thereof after default and maturity. SECOND: In the event Trustor, without the prior written consent of Beneficiary, shall sell, transfer or conveyor contract to sell, transfer or convey the Property, or any part thereof or any interest therein, the entire balance of the indebtedness hereby secured shall become and be immediately due and payable at the option of Beneficiary; provided, however, Beneficiary may waive such option to accelerate if, prior to such sale, transfer or conveyance or contract therefor, Beneficiary and the person to whom the property is to be sold or transferred reach an agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. THIRD: That as further security for the payment ofthe Note and the indebtedness thereby evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary shall and does hereby have the right, power and authority during the continuance ofthis Deed of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as trustor is not at such time in default with respect to payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court without notice and without regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereof for such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured Page 2 of 5