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DEED OF TRUST 2 � 12 0 5 3 2 � Loan No: 101254117 (Continued) Page 5 EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are e pert of this Deed of Trust: 6cisting Lien. The lien of this Deed of Trust securing the Indebtedness may be secondery and inferior to an existing lien. Trustor expressly covenents and agrees to pay, or see to the peyment of, the Existing Indebtedness and to prevent any defeult on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modiflcation. Trustor shell not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, emended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor accept any future advences under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writfng, and Trustor shall promptly take such steps as may be necessary to defend the ection end obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participetion. Appllcation of Net Proceeds. If all or any pert of the Property is condemned by eminent domain proceedfngs or by any proceeding or purchase in lieu of condemnation, Lender may et 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 Proparty. The net proceeds of the award shall mean the award after peyment of ell reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges ere a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, end other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon thia type of Deed of Trust or upon all or any part af the Indebtedness secured by this Deed of Trust; (2) a speciffc tax on Borrower which Borrower is authorized or 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 chargeable egainst the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal end interest mede by Borrower. Subsequent Taxes. If any tax to which this section applies is enactad subsequent to the date of this Deed of Trust, this event shall heve the same effect as an Event of Default, end Lender may exercise eny or all of its availeble remedies for en Event of Default as provided below unless Trustor either (1) peys the tax before 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 satisfectory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a pert of this Deed of Trust: Secur(ty Agreement. This instrument shall constitute a Security Agreement to the extent eny of the Property 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. Upon request by Lender, Trustor shell take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterperts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shell assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor end Lender and meke it available to Lender within three (3) days after receipt of written demend from Lender to the extent permitted by applicable law. Addresses. The mailfng addresses of Truator (debtor) end Lender (secured party) from which informetion concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences and attorney-in-fact are e pert of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and