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DEED QF TRUST 2 0 0 9 6 5 21
<br />Loan No: 808019 (Continued) Page 3
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lander in connection with this Deed of
<br />Trust, and Ib) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defiense 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 dafend•the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own cftoice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lander rnay
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this peed of Trust shall survive the execution
<br />and delivery of this Daed 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 />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust
<br />Existing Lien. The lien of this Daed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or sae to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing sunk indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, nr renewed without
<br />the prior written 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 />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<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 defand the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, 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 tune to hermit such participation.
<br />Application ofi iVet Proceeds. If all or any part of the Property is r,ondernned 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 shall moan the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES [3Y GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this bead of Trust:
<br />Current Taxes, Faes and Charges. Upon request by I_Frnder, Trustor shall execute such documents in addition to this Deed of 7Yust
<br />and take whatever other action is requested by Lander to perfect and continua Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described helow, 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 charges for recording or registering this Daed of
<br />Trust.
<br />taxes. The fallowing shall constitute taxes to which this section applies: Ft - a specific tax upon this type of Deed of 'trust or upon
<br />all or any part of the Indabtadness secured by this bead of Trust; 17- a specific tax on,Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; 131 a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; and (R) a specific tax on all nr any portion of the Indebtedness or nn
<br />payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this avant 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 wither 111 pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Daed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requastad by Lender to perfect and continue Lender's
<br />security interest in the Personal 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 rountarparts, copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustor shall reimburse Lander for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not rarnove, sever or detach the Personal Property from the Property. Upon default, Trustor stroll assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonahly convenient to Trustor and Lender and make it
<br />available to Lender within three (31 days after receipt of written demand from Lander to the extent permitted by applicable law.
<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 obtained (each as required by the Uniform C;omrnercial Coda) era as staled on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The fallowing provisions relating to further assurances and attorney-in-fart are a pert of
<br />this Deed of Trust:
<br />Further Assurances. At any tune, 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's designee, and when requested by Lender, cause to he filed, recorded,
<br />raffled, or rerecorded, as the case may be, at such times and in such offices and places as Lender rnay 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 />effectuate, complete, perfect, continue, or preserve 111. Trustor's obligations under the Note, this Deed of Trust, and the Belated
<br />Documents, and (2) the liens and security interests created by this Daed of Trust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lander for all casts
<br />and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Feet. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do sn for and in the Warne
<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 making, executing, delivering, filing, recording, and 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 paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when duo, and otherwise performs all the ohligatinns imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and dalivar to Trustee a request for full reconvey:rnce and shall execute and deliver to
<br />Trustor suitably statements of termination of any financing statement on file evidencing Lender's security interest in the Rants and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT, At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indabtadness.
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