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• • � DEEDOFTRUST ���OOS�55
<br />(Cpntinued) Page 3
<br />which will be due and payable at the Credit Agreement's maturity. The Deed of Trust also will secure payment of these amounts. The
<br />rights provided for in this paragraph shall be in addition to any other rights or any remedies to whiCh Lender may ba entitled on account of
<br />any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise
<br />would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Tltle. 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 ather than those set forth in the Real Property description or in the Existing Indebtedness section below ar in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this beed of
<br />Trust, and (b) Trustor has the full rlght, power, and authority to execute and deliver this Deed of Trust tn Lender.
<br />Defense of Title. Subject ta 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 prpceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or 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 />b.y counsei 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 ta tima to permit such participation.
<br />Compliance With Laws. trustor warrants that the Praperty 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 Trustpr has made in this beed of Trust shall survive the execution
<br />8nd delivery af this Deed af Trust, sh�ll be continuing in n8tur9 and shall remain in full forc9 8nd eff9ct 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 Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of
<br />an existing obligation. The existing obligation has a current principal balance of approximately $185,761.00. The obligation has the
<br />follpwing payment terms: $1,286.00 per Month. Trustor expressly covenants and agrees to pay, or see to the payment of, the
<br />Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such
<br />indebtedness, or any default under any security documents fpr such indebtednass.
<br />No Modification. Trustor shall nat enter intp any agraement with the holder pf any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of 7rust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lender. 7rustor shall neither request nor accept any future advances undar any such security agraement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following pravisions relating to candemnation proceedings are a part af this beed of Trust:
<br />Proceedings. If any proceeding in candemnation is filed, Trustpr shall promptly nptify 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 ta be represented in the proceeding by epunsel of its own
<br />choice, and 7rustor will deliver pr 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 condemnatian, 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 pr rastaration of the Property. The net proceeds of the award shail mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee vr Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGE3 BY GOVERNMENTAL AUTHORITI�S. The following provisions relating to governmental
<br />taxes, fees and charges are a part af this beed of Trust:
<br />Current taxes, Fess and Gharges. 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 pertect 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, pertecting 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 tp which this 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 Deed 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 Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness
<br />or on payments of principal and interest made by Trustor,
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent tp 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 fpr an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) cantests the tax as provided a6ove in the
<br />Taxes and Liens section and dapasits with Lender cash or a sufficient corporate surety bond or other security satisfactary ta Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreemant 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 requested by Lender to pertect 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 furthar authoriaation from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br />financing statement. 7rustor 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 Prvperty not affixed to the Property in a manner and at a placa raasanably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender tv 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 af 7'rust 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; ATTORN�Y-IN-FAC7. The following provisions relating to further assurances and attorney-in-fact ara a part of
<br />this De9d 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 deliv�red, ta l.ender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />re�led, ar rerecorded, as the case may be, at such times and in such affices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agrsements, financing statements, continuation statements, instruments vf
<br />further assurance, certificates, and other documents as may, in the sole apinian of Lender, be necessary or desira6le in order to
<br />effectuate, complete, perFect, continue, or preserve (1) Trustpr's obligations under the Credit Agreement, this Deed of Trust, and
<br />the f2elated Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lendar agrees to the contrary in writing, Trustor shall reimburse Lender
<br />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 irrevpcably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, fiUng, recording, and doing all other things as may be necessary or desirable, in Lender's
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