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Loan No: 101257039
<br />participetion.
<br />DEED OF TRUST
<br />(Continued)
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<br />Page 5
<br />Applicatlon 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 any portfon 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 shell mean the eward efter payment of ell reasoneble costs, expenses, and ettorneys' 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 />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shell execute such documents in addition to
<br />this Deed of Trust and teke whatever other action is requested by Lender to perfect and continue Lender's Ilen on
<br />the Real Property. Trustor shall reimburse Lender for ell taxes, as described below, together with ell expenses
<br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all texes, fees,
<br />documentary stamps, end other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) e specific 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 />Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this
<br />type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the
<br />Note; and (4) a specific tex on all or any portion of the Indebtedness or on payments of principal and interest
<br />made by Borrower.
<br />Subsequent Taxes. If eny tex to which this section applies is enacted subsequent to the date of this Deed of
<br />Trust, this event shell have the same effect as an Event of Defeult, and Lender may exercise any or ell of its
<br />availeble remedies for en Event of Default as provided below unless Trustor either (1) pays the tax before it
<br />becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section end deposits with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust es 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 emended 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 Lender'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 time and without further authorization from Trustor, file executed
<br />counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br />Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br />remove, sever or detach the Personal Property from the Property. Upon default, Trustor shell assemble eny
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor end
<br />Lender end make it aveilable to Lender within three (3) days after receipt of written demend from Lender to the
<br />extent permitted by epplicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<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; ATTORNEY-IN-FACT. The following provisions relating to further assurences and
<br />attorney-in-fect are a part of this Deed of Trust:
<br />Further Assurances. At eny 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 ell such mortgages, deeds of trust, security deeds, security
<br />agreements, finencing statements, continuation statements, instruments of further assurance, certificetes, 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 (1) Borrower's and Trustor's obligations under the 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
<br />liens on the Properry, whether now owned or hereafter acquired by Trustor. Unless prohibited by lew or Lender
<br />agrees to the contrary in writing, Trustor shell reimburse Lender for all costs and expenses incurred in connection
<br />with the matters referred to in this paragraph.
<br />Attomey-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender mey do so
<br />for and in the name of Trustor and et Trustor's expense. For such purposes, Trustor hereby irrevocably eppoints
<br />Lender as Trustor's ettorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessery or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future
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