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DEED OF TRUST � Q i� � Q Q � 9
<br />Loan No: 12359A, ." �; � (Continued) Page 3
<br />Pefense of Title. 5ubject to the exception in the paragraph abvve, 7rustor 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 commencad that quastions 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 />by caunsel 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 />Complianca With l.aws. Trustor warrants that tha Property 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 stataments Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed af Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's
<br />Indebtedness is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions conceming 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 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 sacurity documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter inta any agreement with the holder af any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extendad, or renewed without
<br />the prior written consent of L.ender. Trustor shall neithar raquest nor accept any future advances under any such sacurity agreement
<br />without the prior written consent of Lendar.
<br />CpNDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any procesding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain tha award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in tha proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivared to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such psrticipation.
<br />Application of Net Procseds. If all or any part of the Property is condemned by eminent damain 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 net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attomays' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AN� CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this beed of Trust:
<br />Current Taxes, Fess 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 requasted by l.ender to perfect and continu� Lender's lien on the Real Property. Trustor shall
<br />reim6urse Lender for all taxes, as described belaw, together with all expenses incurred in racording, perfecting 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 canstitute taxes to which this section applias: (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 pn Trustor which 7rustor is authorized or
<br />required to deduct from payments on the Indebtedness securad by this type of Deed of Trust; (3) a tax pn this typa of baed of 7rust
<br />chargesble against the Lender or the holder of the Credit Agreement; and 14) 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 sectinn applies is enacted subsequent 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 befault as
<br />provided below unless 7rustor either (1) pays the tax before it becomas delinquent, or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deppsits with Lender cash or a sufficient carporate surety bond or other 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 />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement ta the extant any of the Praperty constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under tha 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 perfect and cantinue Lender's
<br />security interest in tha Personal I'roperty. In addition to recording this Deed of Trust in the r�al property records, Lender may, at any
<br />time and without further authorization from 7rustor, file executed counterparts, copies or reproductions of this Deed of Trust as 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 Persanal 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 to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand fram Lender to the extent permitted by applicable law.
<br />Addrasses. The mailing eddresses af 7rustor (debtor) and Lender (securad party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by tha Uniform Commercial Code) are as stated on the first
<br />page of this beed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed 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 msde, 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, at such times and in such offices and pla�es 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 dpcuments as may, in the sole opinipn of Landar, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve 11) 7rustor's obligations under the Credit Agreement, this Deed of Trust, and
<br />the Relatad Documents, and (2) the liens and security interests created by this Deed af Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited 6y law or l.ender agrees to the contrary in writing, 7rustor shall reimburse Lender
<br />for all costs and expenses incurred in cannection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fsils 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 irrevocably appaints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accamplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtednass when due, terminates the credit lina account, and otherwise performs all the
<br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements af termination of any financing statement on file evidencing Lender's security
<br />interest in The Rents and the Personal Property. Any reconvayance fee required by lew shall ba paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of 7rust if any of the following happen: (A) 7rustor commits fraud or
<br />makes a material misrepresentation at any time in connection with the Credit Agresment. This can include, for example, e false statement
<br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (6) Trustor does not meet the repayment
<br />[erms of the Cradit Agreement. (C) "frustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This
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