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<br />DEED OF TRUST
<br />Loan o:373051715 (Continued)
<br />Page 3
<br />air, Trustor shall repair or replace tha damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />isfactory proot of such expenditure, pay or reimburse Trustor from the proceeds for the reasonabfe cost of repair or restoration if
<br />stor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
<br />der this Deed of Trust, then to pay accrued interest, and the remainder, it any, shall be applied to the principal balance of the
<br />(ebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />�stor's interests may appear.
<br />LEND 'S EXPENDITURES. if Trustor fails (A? to keep the Property free of at( taxes, liens, security interesis, encumbrances, and other
<br />claim (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. It any
<br />actio or proceeding is commenced that would materiaffy affect Lender's interests in the Property, then Lender on Trustor's behalf may,
<br />but i ot required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by
<br />Lend for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of
<br />repa ent by Trustor. All such expenses will become a part of the tndebtedness and, at Lender's option, wifl (A) be payable on demand;
<br />(B) added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during
<br />eithe (1) the term of any appliceble insurance policy; or (2) ihe remaining term of the Note; or (C) be treated as a baUoon payment
<br />whic will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided
<br />for i his paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any defauit.
<br />Any ch action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have
<br />had.
<br />; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />e. Trustor warrants that: (a1 Trustor holds good and marketable tiTle of record to the Property in fee simple, tree and clear of all
<br />s and encumbrances other than those set forth in the Real Property description or in any title insurance poficy, title report, or final
<br />: opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right,
<br />ver, and authority to executa and deliver this Deed of Trust to Lender.
<br />ense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />inst the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the
<br />�rest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />ninal pafty in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender suah instruments as Lender may
<br />uest from time to time to permit such participation.
<br />npliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with alt existing applicable
<br />s, ordinances, and regulations of governmental authorities.
<br />vival of Promises. All promises, agreements, and statements Trustor F�as made in this Deed of Trust shall survive the execution
<br />delivery of this Deed of Trust, shaff be continuing in nature and shall remain in full force and effect until such time as Borrower's
<br />:btedness is paid in full.
<br />EMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. It any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />ake 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 shatl 6e entitted to perticipate 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 />Appiication 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 net proceeds of the award be applied
<br />to the lndebtedness or the repair or restoration of the Property. The net proceeds of the award shatt 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 />SITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTNORITIES. The following provisions relating to governmental
<br />s, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Cherges. Upon request by Lender, Trustor shafl execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lendar's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all ezpenses 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 registering this Deed of
<br />Trust.
<br />Taxes. The foflowing shall constitute texes 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 Deed of Trust; (3) a tax on this type of Deed of Trust
<br />chargeabis against the Lender or the holder ot 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 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 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 as provided above in #he
<br />Taxes and Liens section and deposits with Lender cash or a sutficient corporate surety bond or other security satisfactory to Lender.
<br />URITY AGREEMEIVT; F(NANCIIVG STATEMENTS. The foUowing provisions relating to this Deed of Trust as a security agreement are a
<br />of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes tixtures, and
<br />Lender shall have all ot 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 sha(( take whatever action is requested by Lender to perfect 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 further authorization from Trustor, tile 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 Personal 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 from Lender to 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 of Trust 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 />THER QSSURANCES; ATTORNEY-IN-FACT. The tollowing provisions retating to further assurances and attorney-in-fact are a part of
<br />Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor wiil make, execute and daliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />rafiled, 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, be necessary or desirable in order to
<br />effectuate, complete, perFect, continue, or preserve (1) Borrower's and Trustor's obligations under tha Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor
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