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DEED OF TRUST 2 010 0 3 3 3 5
<br />Loan ND: 10257 (CAntInued) Page 3
<br />Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of
<br />repayment 6y Trustor. All ouch expenses will become a part of tiro Indebtedness and, at Lender's option, will (A) be payable on demand;
<br />18) be added to the balance of the Note and be apportioned among and ba payable with any installment payments to become due during
<br />either 11) the farm of any applicable insurance policy; or (21 the remaining term of the Note; or ICI be treated ea a balloon payment
<br />which will be due end payable at the Nota'a maturity. Tha Deed of Trust also will sBOUra payment of these amounts. The rights provided
<br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default.
<br />Any such action by Lender shall rrot be construed es curing the default so as to bar Lender from arty remedy that it otherwise would have
<br />had.
<br />WARRANTY; DEFENSE DF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Tide. 7rustor warrants that: la) Trustor holds good and marketable title of record to the Property In fee simple, free end clear of all
<br />liana 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, end accepted 6y, Lender in connection with this peed of Trust, and Ib) Trustor has the full right,
<br />power, end 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 Arid will forever defend the title to the Property
<br />against the lawful claims of all persona. In the event any action or proceeding la commenced that questions Truator'a title or the
<br />interest of Trustee ar Lender under this Deed of Trust, Trustor shell defend the action et Trustor'a expanse. Truster may be tits
<br />nominal party in such proceeding, but Lender shell be entitled tc participate in the proceeding and tc be represented in the procsedirg
<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 />Compllence With Laws. Trwtor warrants that the Property and Trustgr's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival 01 Promiau. All promises, agreements, and statements Trustor has made in this Deed of Trust shell survive the execution
<br />and delivery of this Dsed of Trust, shall be continuing in nature and shall remain In full force end effect until such time ea Trustor's
<br />Indebtedness is paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings era a pare of this Dsed of Trust:
<br />Proceedings. If any proceeding in condemnation Is tiled, Trustor shall promptly natity Lender in writing, and 7rustor shall promptly
<br />take such steps es may be necessary to defend the action end obtain the award, Truamr may be the nominal party {n such
<br />proceeding, but Lender shall ba entitled to participate in the proceeding artd to be represented in the proceeding by wunsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lshder such Inatrumenta end 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 par[ of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may et 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. Tha net proceeds of the award shall rrroan the award after payment of
<br />ail reasonable costs, expenses, and attorneys' fees incurred by Trustee ar Lender in connecton with the condemnation.
<br />IMPOSITION OF TA%ES, FEES AND CHARGES 8Y GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Dead of Trust:
<br />Cwrant Taxsa, Faas and Charges, Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trwt
<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 Lender for all taxes, as described below, together with ell expenses incurred In recording, perfecting or cvnNnuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, end other charges for recording or registering this Deed of
<br />Trust.
<br />Texas. Tha following shall constitute taxes to which this section applies: (11 a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Trustor which Trustor Is authorized or
<br />required to deduct from peymente on the indebtadnes: secured by this type of Deed of Trust: 13) a tax on this type of peed of Trust
<br />chargeable against the Lender or the holder of the Nota; end 141 a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor.
<br />Subaequsm 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 en Event ei psfault, end Lander may exercise any or all of its available remedies for an Event of Default es
<br />provided b6ipw unless Trustor either 111 pays the tax before it becomes delinquent, or 12- contest9 the tax ea provided above in the
<br />Taxes and Liens section end deposits with Lender cash or a sufficient corporate surety bond or ether 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 />pert of this Daed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fiMUres, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code es amended from time to time.
<br />Saewity irttarest. Upon requea by Lender, Trustor shell take whatever action is requested 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 authorizetlon from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust es a
<br />financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property In a manner and at a place reasonably convenient tq Trustor and Lender and make it
<br />available to Lender within three 13) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addressee. The mailing addresses of Trustor (debtor) and Lender (secured party) from which infvrmetlon concerning the security
<br />interest granted by this Deed of Trust may be obtained leach es required by the Ur>iform Commercial Code) are as stated an the fire[
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances end attorrroy-in-tact are a part of
<br />this Daed 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 />ro 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, et ouch 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 statemema, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lsndar, ba necessary or desirable in order tv
<br />effectuate, complete, perfect, continue, or preserve 111 Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />pocumenta, and f21 the liens and security interests Created by this Deed of Trust as first and prior liana an the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs end expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to de any of the things referred to In the preceding paragraph, Lender may do so for and in the name
<br />of Truatvr and et Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's attorney-In-fact for
<br />the purpose oT 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. It Trustor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveYence and shall execute end deliver tv
<br />Trustor suitable statements of terminatlvn of any financing statement on file evidencing Lender's security Interest in the Recta and the
<br />Personal Property. Any reconveyance fee required by law shelf ba paid by Trustor, If permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Daed of Trust if any of the following happen:
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