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<br />200809579
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<br />lawsuit, including Lender's reasonable allorneys' fees and expenses for bankruptcy proceedings (including
<br />efforts to modifY or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports),
<br />surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent pennilled by
<br />applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. In the
<br />event of foreclosure of this Deed of Trust, Lender shall be entitled to recover from Grantor Lender's
<br />reasonable attorneys' fees and actual disbursements that Lender necessarily incurs in pursuing such
<br />foreclosure. .
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE, The following provisions relating to the powers and obligations
<br />ofTrustee are pari of this Deed of Trust:
<br />
<br />Powers or Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
<br />power to take the following actions with respect to the Property upon the written request of Lender and
<br />Grantor: (a) join in preparing and filing a map or plot of the Property, including the dedication of streets or
<br />other rights to the public; (b) join in granting any easement or treating any restriction on the Property; and
<br />(c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under
<br />this Deed ofTrust.
<br />
<br />Obligations to Notify, Trustee shall not be obligated to notifY any other lienholder of the Property of the
<br />commencement of a foreclosure proceeding or of the commencement of any other action to which Lender
<br />may avail itselfas a remedy, except to the extent required by applicable law or by written agreement.
<br />
<br />Trustee. In addition to the rights and remedies set forth above, with respect to all or any part of the
<br />Property, the Trustee shall have the ript to foreclose by notice and sale, and Lender will have the right to
<br />foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by
<br />applicable law.
<br />
<br />Substitute Trustee, Lender, at Lender's option, from time to time, and more than once, may appoint in
<br />writing a successor or substitute trustee, with or without cause, including the resignation, absence, death,
<br />inability, refusal or failure to act of the Trustee. The successor or substitute trustee may be appointed
<br />without ever requiring the resignation of the fonner trustee and without any fonnality except for the
<br />execution and acknowledgment of the appointment by the beneficiary of this Deed of Trust. The successor
<br />or substitute trustee shall then succeed to all rights, obligations, and duties of the Trustee. This appointment
<br />may be made on Lender's behalf by any authorized officer of Lender.
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
<br />default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
<br />deposited with a nationally recognized overnight courier, or. ifmailed, when deposited in the United States mail, as
<br />first class. certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br />Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br />address. For notice purposes, Grantor agrees to keep Lender infonned at all times of Grantor's current address.
<br />Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any
<br />Grantor is deemed to be notice given to all Grantors. It will be Grantors responsibility to tell the others of the
<br />notice from Lender.
<br />
<br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully
<br />document the loan evidenced by this Note and any related agreements, and will folly cooperate concerning the
<br />execution and delivery of security agreements, stock powers, instructions andlor other documents pertaining to any
<br />collateral intended to secure the Indebtedness. The undersigned agree to assist in the cure of any defects in the
<br />execution, delivery or substance of this Note and related agreements, and in the creation and perfection ofany liens.
<br />security interests or other collateral rights securing this Note.
<br />
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or pan of this loan to
<br />one or more purchasers, whether related or unrelated to Lender; (b) Lender may provide to any purchaser, or
<br />potential purchaser. any information or knowledge Lender may have about the parties or about any other malter
<br />relating to this loan obligation, and the parties waive any rights to privacy it may have with respect to such malters;
<br />(c) the purchaser of a loan will be considered its absolute owner and will have all the rights granted under the loan
<br />documents or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is wrilten in this Deed of Trust, the Note and in the Security Documents is Grantor's
<br />entire agreement with Lender concerning the matters covered by this Deed of Trost. To be effective, any
<br />change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be
<br />bound or obligated by the change or amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not
<br />to be used to interpret or define the provisions ofthis Deed of Trust.
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