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<br /> DEED OF TRUST 2 0 1 0 0 0 012
<br /> Loan No: 808936 (Continued) Page 3
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<br /> Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
<br /> discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender
<br /> on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br /> discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and
<br /> paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes
<br /> will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br /> such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
<br /> balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of
<br /> any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and
<br /> payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
<br /> rights and remedies to which Lender may be entitled upon Default.
<br /> WARRANTY; DEFENSE OF TITLE.' The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br /> Title. Trustor warrants that., (a) Trustor holds good and marketable 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 any title insurance policy, title report, or final
<br /> title opinion Issued in favor of, and accepted by, Lander In connection with this Dead of Trust, and (b) Trustor has the full right,
<br /> power, and authority to execute and deliver this Deed of Trust to Lender.
<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 Lander under this Deed of Trust, Trustor shall defend 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 choice, and 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 /> 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 Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br /> shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain In full force and affect
<br /> until such time as Borrower's Indebtedness shall be paid in full.
<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 defend 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 time to permit such participation.
<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 that all or any portion of the not 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 mean 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 BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br /> taxes, fees and charges are a part of this Deed of Trust:
<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 action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br /> reimburse Lander for all 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, and other charges for recording or registering this Deed of
<br /> Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon
<br /> all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or
<br /> required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust
<br /> chargeable against the Lander or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br /> payments of principal and interest made by Borrower.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this 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 Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br /> part of this Dead 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 requested by Lender to perfect and continue Lender's
<br /> security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br /> may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
<br /> Trust as a financing statement. Trustor shall reimburse Lander for all expenses incurred In perfecting or continuing this security
<br /> Interest. Upon default, Trustor shall not remove, sever or'detach the Personal Property from the Property. Upon default, Trustor shall
<br /> assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lander within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br /> 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 Commercial Code) are as stated on the first
<br /> page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br /> this Deed of Trust:
<br /> Further Assurances. At any time, 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 be filed, recorded,
<br /> refiled, or rerecorded, as the case may be, at such times and in such offices and 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 /> effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br /> the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br /> whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lander agrees to the contrary in writing, Trustor
<br /> shall reimburse Lender for all costs and expenses incurred in connection with the matters.. referred to in this paragraph.
<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 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 Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and
<br /> Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
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