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DEED OF TRUST
<br />Loen No: 128180 (Continued)
<br />20�10569�
<br />Page 3
<br />shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests,
<br />encumbrances, and other ciaims, (8) to provide any required insurance on the Property, (C) to make repairs to the
<br />Property or to comply with any obligation ta maintain Existing lndebtedness in good standing as required below, then
<br />Lender may do so. If any ection or proceeding is.commenced that would materially affect Lender's interests in the
<br />Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes ta be
<br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will than bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
<br />Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
<br />demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installmant
<br />payments to become due during either 11) the term of any epplicable insurance policy; or (2) the remaining term ot
<br />the Nate; or (C) be treated as a belloon payment which will be due and payable at the Note's maturity. The Deed of
<br />Trust also wili secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any
<br />other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender
<br />shall not be construed as curing tha default so as to bar Lender from any remedy that it otherwise would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions retating to ownership of the Property are a part of this Deed
<br />of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple,
<br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
<br />Existing Indebtedness section balow or in any title insurance policy, title report, or fina{ tit{e opinion issued in favor
<br />of, and accepted by, Lender in connection wlth this Deed of Trust, and (b1 Trustor has the full right, power, and
<br />authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the
<br />title to the ProperCy against the lawful claims of all persons. In the event any action or proceading is commenced
<br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the
<br />actian et Trustor's expense. Trustor may be the nominai party in such proceeding, but Lender shall be entitled to
<br />participate in the proceeding and to be represented in the proceeding by counset of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
<br />to permit such participetion.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all
<br />existing epplicable laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall
<br />survive the axecution and delivery of this Deed of Trust, shall be continuing in nature and shall remein in full force
<br />and effect until such time as Trustor's Indebtedness is paid in full.
<br />EXISTING INDEBTEDIVESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />ExistPng Lien. The lien of this Daed of Trust securing the Indebtedness may be secondary and inferior to an
<br />existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness
<br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness,
<br />or any default under any security documents for such tndabtedness.
<br />No Modification. Trustor shell not enter into any agreement with the holder of eny mortgage, deed of trust, or
<br />other security agreement which has priority over this Deed of Trust by which that agreement is modified,
<br />amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor
<br />accept any future advances under any such security agreement without the prior writtan consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Daed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustar shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor
<br />may be the nominel party 9n such proceeding, but Lender shali be entitled to participate in the proceeding and to be
<br />represented in the proceeding by counsel of its own cholce, and Trustor will deliver or cause to be delivered to
<br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br />participation.
<br />Application of Net Proceeds. If al! ar any pert of the Property is condemned by eminent domain proceedings or by
<br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
<br />net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br />proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees
<br />incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to governmental taxes, fees and charges are a part of this Deed of Trust:
<br />Currsnt Texes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to
<br />this Deed of Trust and take whatever other action is requested by Lender to parfact and continue Lender's lien on
<br />the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in rscording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (11 a speclfic tax upon this type of
<br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; !2) a specific tax on
<br />Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type
<br />of Deed of Trust; 13) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br />and (4) s specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequent Taxes. If any tax to which this secYion appliss is snected subsequent to the date of this Deed of
<br />Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br />available remedies for an Event of Default as provided below unless Trustor either (1) pays the tex before it
<br />becomes delinquent, or (2) contests the tax as provided abova in the Taxes and Liens section end deposits with
<br />Lender cash or a sufffcient 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
<br />security egresment are a part of this Deed of Trust:
<br />Security Agreemetit. This instrument shall constitute a Security Agreement to the extant any of the Property
<br />constitutes fiutures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect
<br />and continue Lendar's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any tlme and without further authorization from Trustor, file executed��
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