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<br />DEED �F TRUST •
<br />Loan No: 101237344 ,,.: , (Continued) Page 4
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<br />any title insurance policy, title report, or final title apinion issued in favor of, and accepted by, Lender in connection with this peed of
<br />Trust, and (b) trustor has the full right, power, and authority to execute end deliver this Deed of Trust to l.ender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title tn the Prnperty
<br />against the lawful claims pf sll persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of 7rust, Trustar 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 ba delivered, tn Lender such instruments as Lender may
<br />request from time to time to permit such participatinn.
<br />Compliance With Laws. 7rustar werrents that the Property and Trustor's use of the Property cpmplies with all existing applicable
<br />laws, ordinances, and regulatipns of governmental authorities.
<br />Survival of Flepresentations and Wnrrantiea. All representations, warranties, and sgreamen#s made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of 7rust, shall be cnntinuing in nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />EXIS7ING INDEBTEDNESS. The following provisions cancerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing l.ien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly cavenants and agrees to pay, or see to the payment af, the Existing Inde6tedness and to prevent any default on such
<br />inde6tedness, any default under the instruments evidencing such indebtedness, or any default under any security dncuments for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder pf any mpr#gage, deed of trust, or other security
<br />agreement which has priprity over this Deed of Trust by which thet egraement is modified, amended, extended, or renewed without
<br />the prinr wri#ten consent of Lender. Trustor shall neither raquest nor eccept any future advances under any such security agreament
<br />without the prior written consent of Lender.
<br />CONDEMNATIpN. Tha fpllowing provisions relating to condemnstion proceedings are a part of this Deed of Trust:
<br />Proceedings. If any prpceeding in condemnation is filed, Trustor shall prpmptly notify Lender in writing, and Trustor shall prnmptly
<br />take such steps ss may be necessary to defend the actipn end obtain the award. Trustor may be the nominal party in such
<br />prppseding, 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 aeuse to be delivered to Lender such instruments 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 part of the Property is condemned by eminent domain proceedings or by any proceading or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds nf the award be applied
<br />ta the Indebtedness or the repair or restoratipn af the Property. The net praceeds 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 AU7WORiTI�S. The fpllpwing provisions relating ta governmental
<br />taxes, fees and charges are a pert 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 ection is requested by Lender to perfect and continue Lender's lien on the Real F'roperty. 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 taxes, faas, dncumentary stamps, and other charges for recording or ragistaring this Deed of
<br />trust.
<br />1'axes. The fpllowing shall constitute taxes to 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 Borrower which Borrower is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of peed of Trust; (3) a tsx on this type of Deed af Trust
<br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on ell nr any portion of the Indebtedness or on
<br />payments of principal and interest made by 8orrower.
<br />Subsaquent Taxes. If any tax to which this section applies is enseted subsaquant 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 es
<br />provided below unless 7rustar either (1) pays the tax before it becomes delinquent, or (2) contests the tax as prnvided above in the
<br />Texes and Liens sactipn end deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory ta Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Daed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreemant. This instrument shall constitute a Security Agreement to the extent any of the Property cons#itutas fixturas, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code es amended frpm 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 intarest in the Rents and Perspnel Property. In addition to recording this Deed of 7rust in the real property records, l.ender
<br />may, at any time and without further authorization from Trustor, file executed counterperts, copies or reprpductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expanses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor shell not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />assem6le any Personal Property not affixed to the Property in a manner and at a place reasonably convenient #o Trustar and Lender
<br />and make it available to Lender within three (3) days after raceipt af written demand from Lander ta the extent permitted by applicable
<br />law.
<br />Addregaes. The mailing addresses of Trustor (de6tor) 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
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