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<br />loan No: 0872057115
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<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200809087
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<br />Page 2
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<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure ar atherwise.
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<br />Nuisance, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any stripping of ar waste an
<br />or to the Praperty ar any portion of the Property. Withaut limiting the generality of the foregoing, Trustor will nat remove, ar grant to
<br />any other party the right to remave, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written cansent,
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<br />Remaval af Impravements. Trustor shall not demalish ar remove any Improvements from the Real Praperty without Lender's prior
<br />written cansent, As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
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<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
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<br />Compliance with Gavernmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulatians, naw or
<br />hereafter in effect, af all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />natjl.lOpardiZ'ed. Lender may requiro Trustor to post adequate security 01: a surety bond, mas'JnilblvJ;;.i1tisfa.ctnry to Ll;!nc;ler, to protect
<br />Lender's interest.
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<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property, Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
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<br />TAXES AND LIENS. The following provisions relating ta the taxes and liens on the Property are part of this Deed of Trust:
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<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impasitians levied against or on accaunt of the Property, and shall pay when due all claims for work done
<br />an ar far services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />aver ar equal to the interest af Lender under this Deed af Trust. except for the lien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to below, and except as atherwise provided in this Deed of Trust.
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<br />Right ta Contest. Trustor may withhold payment af any tax, assessment, or claim in connection with a gaod faith dispute over the
<br />obligation to pay, so lang as Lender's interest in the Property is not jeapardized, If a lien arises or is filed as a result af nonpayment.
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge af the lien, or if requested by Lender, deposit with Lender cash or a sufficient carparate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a fareclosure or sale under the lien, In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the cantest proceedings.
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<br />Evidence af Payment. Trustor shall upon demand furnish ta Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
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<br />Natice af Canstruction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the wark, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
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<br />Maintenance of Insurance. Trustor shall procure and maintain palicies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid applicatian of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such
<br />ather hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustar, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactary ta Lender, including
<br />stipulations that coverages will not be cancelled ar diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that caverage in favor of Lender will not be impaired in any way by any
<br />act. omission or default af Trustor or any other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Fload
<br />Insurance, if available, for the maximum amount of Trustor's credit line and the full unpaid principal balance of any prior liens on the
<br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required
<br />by Lender, and to maintain such insurance for the term of the loan.
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<br />Application af Proceeds. Trustar shall promptly notify Lender af any loss or damage to the Praperty, Lender may make proof of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction af the Indebtedness, payment of
<br />any lien affecting the Property, or the restaration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged ar destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, payor reimburse Trustor from the proceeds for the reasonable cost af repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoration of the Praperty shall be used first to pay any amount owing to Lender
<br />under this Deed af Trust. then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds atter payment in full of the Indebtedness, such praceeds shall be paid to Trustor as
<br />Trustor's interests may appear,
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<br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect. compliance
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall canstitute compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any proceeds from the insurance became payable on loss, the pravisions in this Deed of Trust
<br />for division of proceeds shall apply anly to that partion of the proceeds not payable to the holder of the Existing Indebtedness.
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<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (6) to pravide any required insurance on the Property, IC) to make repairs to the Property or to comply with any obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender may do sa. If any actian ar proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender on Trustar's behalf may, but is not required to, take any action that
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br />interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br />such expenses will become a part af the Indebtedness and, at Lender's option, will (A) be payable on demand; (6) be added to the
<br />balance of the Credit Agreement and be apportianed amol)g and be payable with any installment payments ta become due during either (1)
<br />the term af any applicable insurance policy; or (2) the r~maining term of the Credit Agreement; or (C) be treated as a balloon payment
<br />which will be due and payable at the Credit Agreement's maturity. The Deed of Trust alsa will secure payment of these amounts. The
<br />rights provided for in this paragraph shall be in addition to any other rights or any remedies ta which Lender may be entitled on. account. of
<br />any default, Any such action by Lender shall not be canstruel!' as curing the default so as ta bar Lender from any remedy that It otherWise
<br />would have had.
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<br />WARRANTY; DEFENSE OF TITLE. The follawing pravisions 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 gaad and marketable title of record ta the Property in fee simple, free and clear of all
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