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201004339
<br />DEED OF TRUST
<br />Loan No: 810019 (Continued) Page 3
<br />discharge or pay when due any amounts Trust" is required to discharge or pay under this Dead of Trust or any Related Documents, Lender
<br />on Trustor's behalf may (but shah not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, Hens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and
<br />paying all costs for insuring, makdol ning and preserving the Property. AN such expenditures incurred or paid by Lender for such purposes
<br />will then bear interest at the rate changed 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; (S) 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 rematnkng term of the Note; or (C) be treated as a balloon payment which will be due and
<br />payable at the Notts maturity. The Deed of Trust also will secure payment of Mesa amounts, Such right shag 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 pan of this Dead of Trust:
<br />Title. Trustor warrants that; (a) Trusor holds good and marketable title of record to the Property In fee simple, free end dear of all
<br />liens and encumbrances other than those set forth in the Real Property description or M any UW Insurance policy, title report, or final
<br />tide opinion Issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Trustor has the full tight,
<br />power, and authority to execute and deliver tits Deed of Trust to Larder.
<br />Defense of Title. Subject to the exception In the paragraph above, Trustor warrants and will forever defend the tide to to Property
<br />against the lawful claims of all persons. In tie event any action or proceeding is camnenced that questions Trustors title or the
<br />interest of Trustee or Lender under Orin Deed of Trust. Trustor shah defend the action at Trustors expanse. Trustor may be the
<br />nominal party In such proceeding, but tender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by oounsal of Lenders own choice, and Trustor will deliver, or else to be delivered, to Larder such instrumants as Larder may
<br />request from time to time to permit such participation.
<br />Compliance VIM Laws. Trudor warrants that the Property end Trustors use of the Property complies with all existing applicable
<br />laws. ordinanoea and regulations of governmental authorities.
<br />Survival of Reprsstialietlons and Warranties All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of Vds Deed of Tnaat, shall be continuing in nature, and shall remairh In full force and effect
<br />until such time as Trustor s Indebtedness shelf be paid in full.
<br />CONDEMNATION. The following provisions relating to Condemnatan proceedirgs are a part of this Deed of Trust:
<br />Proceedings. if any pnxxKK g In condemnation to filed, Trustor shah promptly notify Larder In writing, and Trustor shah 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 shag 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 />AppNeaton of Not Proceeds. H all or any part of the Properly is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in hair of condemnation, Lander may at Its elation 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 pre award shall moan the award sitar payment of
<br />all reasonable costs. expanses, and attomays' fees Incurred by Trustee or Lender In connection with the condemnation.
<br />IMPORT" OF TAXES, FEES AND CHARGES FIY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Currant Taxes. Fees and Chargtw. Upon request by Lender, Trosbor 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 Lenders Hen an the Real Property. Trustor shad
<br />reimburse Lender 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 regbstedng this Deed of
<br />Trust.
<br />Taxes. The following" constitute taxes to which tints section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Dead of Trust; (2) a specific tax on Trustor which Trustor 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 Trustor.
<br />Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shah
<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 ss provided above In the
<br />Taxes and Liars section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENT& The following provisions releting to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shelf 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, Truster shah take whatever action Is requested by Lander to perfect and continue Landers
<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 hither auftrizatbon from Trustor, file executed counterparts, copies or rsproduetions of this Deed of
<br />Trust as a financing statement. Trustor shelf ralnburse Lender for all expenses incurred In perfecting or continuing this security
<br />interest. Upon default, Trustor shah not remove, sever or detach the Personal Properly from the Property. Upon default, Trustor shah
<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 Lender within tree (3) days after receipt of written demand from Lender to the extant permitted by applicable
<br />law.
<br />Addresses. The nal1k addresses of Trustor (debtor) and Larder (secured party) from which Mliormaton 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 thte Used of Trust.
<br />FURTHER ASSURANCFA ATTORNEY4PWACT. The fallowing provisions rem" to further assurances and attorney -in -fat are a part of
<br />this Dead of Trust:
<br />Further Assurenews. At any time, and from time to time, upon request of Larder. Trustor will make, execute and deliver, or will cause
<br />to be made, executed or deewwred, to Lender or to Lander'ss designee. and when requested by Lender, cause to be fled, recorded,
<br />rePoed, or rerecorded. as the case may be, at such times and In such olHces and places as Lender may down 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 sale opinion of Lender, be necessary or desirable m order tic
<br />effetuate. complete, perfect continue. or preserve (1) Trustors obligations under the Note. Vila Deed of Trust, and the Related
<br />Documents. and (2) the Nona and security interests created by this Deed of Trust as first and prior Hans on the Property. whether
<br />now owned or hereafter acquired by Trusor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses Incurred In connection with the matters referred to in this paragraph.
<br />Attorrwy4n -Fact ff Trustor falls to do any of the tongs referred to In the preceding paragraph. Lender may do so for and In the name
<br />of Trustor and at Tnusors expense. for such purposes, Trustor hereby irrevocably appoints Lender as Trustors attorney -in -fat for
<br />the purpose of making. executing. delivering, filing, recording. and doing all other things as may be necessary or desirable. In Lenders
<br />sale opinion. to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. It Trustor pays all the Indebtedness, Including without limitedon all future advances, when due, and otherwise
<br />pwrtonms all this obligations imposed upon Trustor under Oft Deed of Trust. Lender shall execute and deliver to Trustee a request for full
<br />teconveyance and Shall execute and delver to Trustor suitable statements of termination of any financing statement on file evidencing
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