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201201359 DEED OF TRUST Loan No: 10001582 (C011ti11Ued) Page 4 participation. Application ofi Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or 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 to the Indebtedness or the repair or restoration of the Property. The net ptoceeds of the award shall mean the award after payment of all reasonable costs;expenses,and attomeys'fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions reiating to governmental taxes,fees and charges are a part of this�eed of Trust: Current Taxes,Fees and Charges. Upon request by Lender,T�ustor shall execute such documents in addition to this Deed of Trust and take whatever other acYion is requested by Lentler to perfect and conunue Lender's lien on the Real Property. Trustor shall reimburse Lender far all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, induding without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Deed of Trust.. Taues. The following shall constitute taxes to which this section applies: (1) a specific tax upon this rype of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type oP Deetl of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender orthe holdet of the Note; and (4j a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this seciion applies is enacted subsequent to the date of this �eed of Trust, this event shall have the same effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of�efault as provided below unless Trustor either (1? pays the tax 6efore it becomes delinquent,or (2) contests the tax as provided aboVe in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a pait of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the P�operty constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. U�pon request by Lender,Trustor shall take whatever action is requested 6y Lender to perfect and continue Lentler's security interest in the Personal Property. In addition to recording this Deetl of Trust in the real properYy records, Lender may, at any ti.me and without further authorization from Trustor, file executed counterparts, capies ar reproduc'tions of this Deed of Trust as a financing statement Trustor shall reim6urse Lender for all ezpenses incurred in perfecting or continuing this securiry interest: Upon default;Trustor shall not remove, sevei or detach the Aersonal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lende�to the extent permitted try applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commerciaf Code)are as stated on the first page ofi this Deed of Trusi. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attomey-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and piaces as Lender may deem appropriate,any and all s:uch mortgages,deeds of trust,security deeds,security agreements, financing-statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, perfect,continue,or prese�ve (1) Borrower's and Trustor's obligations under the Note,this Deed of Trust,and the Related Documents,and� (2) the I�iens and security interests created by this Deed of Trust on the Propetty, whether now owned or hereafter acquired by Trustor. Unless prohi6ited by law or Lender agrees to the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. 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�of Trustor and�at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attomey-in-fact for ttie purpose oP making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. PULL PERFORMANCE. If 8orrower and TrusYOr pay all t6e Indebtedness when due,and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required 6y law shall be paid 6y Trustor,ii permitted 6y applicable law. EVENTS OF DEFAULT. At Lender's option,Trustor will 6e in default under this �eed of Trust if any of the following happen: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Trustor breaks eny promise made to Lender or fails to perform promptly at the time and svictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition corrtained in this Deed of Trust,the Note or i�any of the Related Documents. Default on Other Payments. Failure of Trustor within the time required hy this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. DefauEt in Favor of Third Parties. Should Borrower or any Grantor default under any loan,extension ofi credit, security agreemenY,purchase or sales agreement,or any othet agreement,in favor of any other creditor or person that may materialty affect any of Borrower's or any Grantor's property or Borrower's ability�to repay the Indebtedness or Borrower's or GraMOr's ability to perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any representation or statement made or furnished co Lender by Borrower or Trustor or on Borrower's or Trustor's behalf under this Deed of Trust or the Related Documents is false or misfeading in any material respect,either now or at the time made or furnished. r"+r�� /'N"� .