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� � • ? 4 DEED OF TRUST
<br />(continuedl 2 Q 12 0 4 9 5 a Page 4
<br />Applicetlon of Net Proceeds. If all or any part 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 eny portion of the
<br />net proceeds of the award be applied to the Indebtedness or the repair or restoretion of the Property. The net
<br />proceeds of the eward shall mean the award after peyment 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 governmentel taxes, fees and charges are e pert of this Deed of Trust;
<br />Currerrt Taxes, 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 perfect 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 recording, 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 shell constitute taxes to which this section applies: f1) a specific tax upon this type of
<br />Deed of Trust or upon alt or any pert of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br />Trustor which Trustor is authorized or required to deduct ftom payments on the Indebtedness secured by this type
<br />of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable egeinst the Lender or the holder of the Note;
<br />and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Trustor.
<br />Subsequerrt Taxes. If any tax to which this section applies is enected subsequent to the dete of this Deed of
<br />Trust, this event shall have the seme effect as an Event of Defeult, and Lender may exercise any or all of its
<br />available remedies for an Event of Default as provided below unless Trustor either (1) peys the tax before it
<br />becomes delfnquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCINQ STATEMENTS. The following provisions relating to this Deed of Trust as a
<br />security agreement are a part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, 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 pertect
<br />and continue Lender's securlty interest in the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file
<br />executed counterparts, copies or reproductions of this Deed of Trust es a financing statement. Trustor shall
<br />reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br />sheli not remove, sever or detach the Personal Property from the Property. Upon defeult, Trustor shall assemble
<br />any Personal Property not affixed to the Properry in a manner and at a place reasonably convenient to Trustor and
<br />Lender and make it available to Lender within three (3) days efter receipt of written demand from Lender to the
<br />extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which informetion
<br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the first pege of this Deed of Trust.
<br />FURTHER ASSURANCES; ATiORNEY-IN-FACT. The following provisions relating to further assurances and
<br />ettorney-in-fect are a part of this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuetion statements, instruments of further assurance, cenificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (7 ) Trustor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, end (2) the liens and security interests created by this Deed of Trust as first and prior liens on the
<br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the
<br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br />metters referred to in this paregraph.
<br />Attorney-in-Fact. If Trustor fails to do eny of the things referred to in the preceding paragraph, Lender may do so
<br />for end in the name of Trustor and et Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attorney-in-fect for the purpose of making, executing, delivering, filing, recording, and dofng all
<br />other things es may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. It Trustor pays all the Indebtedness, including without limitation all future edvances, when due,
<br />and otherwise performs all the obligations imposed upon Trustor under thfs Deed of Trust, Lender shall execute and
<br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br />termination of any financing statement on file evidencing Lender's security interest in the Rents end the Personal
<br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed
<br />of Trust: "
<br />Paymerrt Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor feils to comply with or to perform any other term, obligation, covenant or condition
<br />contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this
<br />Deed of Trust, the Note or in any of the Related Documents.
<br />Default on Other Paymerrts. Failure of Trustor within the time required by this Deed of Trust to make any peyment
<br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default tn Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may mater(ally
<br />affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perForm
<br />Grantor's obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warrenty, representation or statement made or furnished to Lender by Trustor or on
<br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Colleteralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
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