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DFED OF TRUST 2 0 1 0 0 6 5 3 9
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<br />rate charged under the Note from the date incurred or paid by Lender to the data of repayment by Truster. All such expenses will become
<br />a part of the Indebtedness and, at Lender's option, will IAI be payable on demand; (B) be added to the balance. of the Nots and be
<br />apportioned among and be payable with any installment payments to became due during either 111 the term of any applicable insurance
<br />policy; or 121 the remaining term of the Note; nr ICI be treated as a balloon payment which will be due and payable at the Note's
<br />maturity, Ths Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to
<br />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: lal 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 ar in the Existing Indebtedness section below nr in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and Ibl Trustor has the full right, 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, Truster 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 ar Lender 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 td permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor'a use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All rspressntatipns, warranties, and agreements made 6y Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall ba continuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. Tha following provisions concerning Existing Indebtedness era a part of this Desd of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such 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 Daad of Trust by which that agrasment is modified, amended, extended, or 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. Ths following provisions relating to condemnation proceedings are a part of this Dead of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lander in writing, and Trustor shall promptly
<br />take such steps as may ba necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br />proceeding, but Lander 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 causa to be delivered to Lender such instruments and documentation as may be requested by
<br />Lander 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 oat proceeds of the award be applied
<br />to the Indebtedness nr the repair or restoration of the Property. The net proceeds of the award shall mean the award attar payment of
<br />all reasanabte 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 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 texas, Peas, documentary stamps, and other charges far recording or registering this Dead of
<br />Trust.
<br />Taxes. Ths following shall constitute taxes tv which this section applies: (1) a specific tax upon this type of peed of Trust or upon
<br />all or any part of the Indebtedness secured 6y this Daed of Trust; (2) a specific tax on Borrower which Borrower is authorized er
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of peed of Trust
<br />chargeable against the Lender or the holder of the Note; and 14) 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 affect ss 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 ' (11 pays the tax before it becomes delinquent, or 121 contests the tax as provided above in the
<br />Taxes and Lions section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead 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 extant any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Coda as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lander to perfect and continua Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed ni Trust in the real property records, Lander
<br />may, at any time and without further authorization tram Trustor, file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest, Upvn 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 playa reasonably convenient to Trustor and Lander
<br />and make it available to Lender within three 131 days after receipt of written demand from Lander to the extent permitted by applicable
<br />law.
<br />Addresses. Tha mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Daed of Trust may be obtained leach as required by the Uniform Commercial Code) era 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 era a part of
<br />this Dsad pf Trust:
<br />Further Assurances. At any rims, and tram time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lander 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, ba necessary or desirable in order to
<br />effectuate, complete, perfect, continue, nr preserve 111 Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the lions and security interests created by this Desd of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lander
<br />for all costs and axpsnsss 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
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