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2� 17� 1599 DEED �F TRUST 4Continuedj Page 4 Lender such ins�ruments and documentation as may be requested by Lender from time tv time t❑ permit su�h participation. Application of Nst Proceeds. �f all ❑r any part o#the Property is condemned by eminent domain prv�eedings ar hy any proceeding or purchase in lieu of condemnation, Lender may at its election require that all ar any portivn of the net prac�eds of the award be applied to the Indebtedness ar the repair or restoration of the Property. The net proceeds of th� award shall mean the award after payment of all �easonahle cvsts, expenses, and attvrneys' fees incurred hy Trustee or Lender in conne�tivn with the condemnation. IMPOSITI�N ❑F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTHDRITIES. The fvllowing pro�isions relating to go►►�rnmentaf tax�s, fees and charges are a part of this I]eed of Trust: Current Taxes, Fees and Gh�rges. Upon request by L�nd�r, Trustor shall execute such documents in addition to this Deed of Trust and tak�whate�er other activn is requested by Lender to perfect and continue Lender's lien vn the Real Praperty. Trustor shall reimburse Lender for all taxes, as described belvw, together wi#h all expenses incurred in recording� p�rfecting or continuing this Deed of Trust, including wi#haut IimitatEon all taxes, fees, documentary stamps. and other�harges for recording vr registering this D�ed of Trust. Taxes. Th� following shall constitute taxes to which this se�tian appliss: �1} a specific tax upon this type of �eed of Trust or upon all vr any part of the Indebtedness secured by this Deed of Trust; t�y a specific tax on Trustor which Trustor is authorized or r�quired io deduct from payments on the Indebtedness secured by this type of Deed of Trust; �3f a tax on this type af Deed of Trust chargeahle agains#th� Lender or the halder of the Note; and �4f a speci#ic tax on all vr any pvrtion vf the Indebt�dness or on paymen#s of prinGipal and interest made by Trustor. Subsequent Taxes. If any tax to whi�h this section applies is enacted subsequent to the date of this ❑�ed v# Trust, this e�ent shall ha�e the same ef�ect as an EUent of Defau�t, and Lender may exercise any ar all of its a�ailabi� remedies far an E�ent of De#ault as pro�ided below unless Trustor either �1� pays the tax hefvre fit becames de�inquent, or t2j contests th�tax as pro�ided abv�e in the Taxes and Liens section and depasits with Lender cash or a su#fi�ient corporate surety bond or other security satisfactory tv Lender. SEGIJRITY AGREEMENT; FINANGING STATEMENTS. The follawing pro�isi�ns r�lating to this Deed ❑f Trust as a security agreement are a part of#his Deed of Trust: SB�urity Agreement. This instrument shal� constitute a Security Agreement to the extent any of the Property �anstitutes fixtures, and Lender shall ha�e all ❑f the rights of a secured party under#h� llniform Commercial Cvde as amended fr�m time#o time. Secut�ity Interest. Upan request by Lender, Trust�r shal� take whate�er action is requested by Lender to perfect and �antinue Lender's se�urity interest in the Rents and Persanal Property. In additivn tv recording this Deed of Trust in the real property r�cords. Lender may, at any time and without further authorizat�on from Trustor, file executed c�unterparts, copies or �epraductions vf this Deed of Trust as a financing statement. Trustor shall reimburse Lender fvr all expenses incurred in perfecting or cvntinuing #his security interest. lJpan default, Trustvr shalE not remo�e. se�er ar detach the P�rsanal Property fram the Prope�ty. Upon default� Trustar sha11 assembie any Persvna� Proper#y nvt affixed to the Property in a manner and at a piace reasonably con�enient to Trustor and Lender and make 'rt a�ailable to L�nd�r wi#hin thr�� R3f days after receipt of written demand from Lender to the extent permitted hy applicable faw. Addresses. The mailing addr�sses vf Trustvr �debtar� and Lender �secured partyy from which information concerning the security interest gran#ed by this Deed of Trust may be ohtainsd �each as required by the Unif�rm Commercia� Cvdey are as s�ated on the first page flf this Deed of Trust. FURTHER ASSURANCES: ATT�I�NEY-IN-FACT. The foll�wing pro�isivns relating to further assurances and att�rney-in-fact are a par#�f#his Deed of Trust: Further Assurances. At any time, and from tim�to time, upon request of Lender, Trustvr will make, execute and deli�er. �r will�ause to he made, ex�cuted or deli�ered,to Lender or to Lender's designee, and when request�d hy Lender, cause to be fi�ed, recvrded. refiled, or rerecorded, as the case may be� at such times and in such affices and places as Lendsr may deem apprvpriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation staternents, instruments af further assurance, certificates, and other documents as may, in the sale ❑pinian of Lender, be necessary vr desirahle in order ta effectuate, cvmplete, perfect, continue, or preser�e �1} Trustor's obligatians under the Note, #his ❑eed af Trust, and the Related ❑ocuments, and ��y the liens and security interests created by this Deed o�Trust as first and prior liens on the Property, whether now owned ar hereafter acquired by Trustor. Unless prvhibited by law or Lender agrees to the contrary in writing, Trustor shall reimburs� Lender far all Cn5t5 and expenses incurred in connQction with the matters referred to�n this paragraph. Attvrney-in-Fa�#. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so fo� and in the name ❑f Trustvr and at Trustvr's expense. For such purpvses, Trustor h�reby irre�vcahly appoints Lender as Trus�or's attorn�y-in-faGt for the purpose of making, exe�uting� deli�ering� filing� recording, and doing all oth�r things as may be necessary or desirable. in Lender's sole opinion� to accomplish the matters re�erred ta in the preceding parag�aph. FULL PERFDRMANCE. �#Trustor pays all #he Indehtedness� including without limitation all #uture ad�ances. ►►uhen due, and otherwis� per�orms all the obligations imposed upon Trustvr under this Deed of Trust, Lender shall exe�ute and deli�er to Trustee a request far full recon►►eyance and shall execute and deli�er to Trus#or suitable statements of termination vf any financing statement on file ��idencing Lender's security interest in the Rents and the Personal Property. Any re��n�eyance fee�equired by law shall be paid by Trustor, if permitted by applicable law. EVENTS �F DEFAULT. Each of the �ollowing, at Lender's option, shall constitute an E�ent of Defauft under this Deed of Trust: Payment Default. Trustar fails tv make any payment when due under the Indebtedness. �ther Defau�#s, Trustor fai�s to comply wEth ❑r t❑ perfvrm any other term, abligation, co�enant or candition contained in this Deed of Trust ar in any vf the Related Documen#s or to comply with or t❑ per#orm any term, o�ligatian, cv�enant or condition contained in any vther agreement�etween Lender and Trustvr. Compiiance Default. Failure to comply with any other term, obligativn, co�enant vr condition conta�ned in #his Deed of Trust,the Note or in any vf the Related ❑ocuments. Defaul#on�th�r P�yments. Failure of Trustor w�th�n the time requi�ed hy this Deed of Trust ta make any payment for taxes or insuranc�. or any ather payment necessary to pre�ent fEling of or to effect discharge of any lien. Defauit in Fa�vr af Third Parties. Should Grantor default under any I�an, extension of�redit, security agreement, purchase or sales agreement, vr any other agreement, in fa�or vf any ath�r creditor ar person that may materially affect any of Crantvr's property ar Grantor`s abi�ity to repay the Indebtedn�ss or Grantor's ability #o p�rform Grantor's ob�igations under this Deed of Trust or any of the Rela��d Documents. F�#se Statements. Any warranty, representa#ivn or statemen� made or furnished t� Lender by Trustor or on Trustor's h�half under this Deed of Trust or the Related Documents is false ar misleading �n any mater�al resp�ct.