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r F 89--- 100133 (a) The following first mortgage(s) and /or deed(s) of trust by Albee Printing Co., Inc. to Five Points Bank: (i) Mortgage dated February 4, 1987 and recorded on February 10, 1987 as Inst.rwent No. 87 100747, in the original principal amount of $90,000.00. (b) Any and all other secured indebtedness owing by Trustor or Trustor's parents to any bank, savings and loan, insurance company or other financial institutions which are Trustors or Trustors' parent's primary lender or lenders (including institutions having participating interests in any such loan or loans made; provided, however, that in no event shall there be any subordination to any subordinated debentures of Trustor's parent owned by such financial institutions). Such indebtednesses are hereafter.collectively referred to as the "Senior Lien" and the holder(sp of such "Senior Lien" are hereafter collectively referred to as the "Senior Lienholder ". Beneficiary shall not restrict iri -any way the amount of the Senior Lien - either the current amount of the Senior Lien due to the current Senior Lienholder or any future amount of the Senior Lien due to the current and /or any future Senior Lienholder. Beneficiary agrees to execute all written instruments evidencing said subordination as any Senior Lienholder may request including, but not limited to, any intercreditor agreement. If beneficiary refuses to sign any such instrument tendered by any present or future Senior Lienholder, this Deed of Trust shall be void and of no further force or affect and the Trustee shall, upon the receipt of an affidavit from Trustor or rrustor4s parent evidencing such. facts of the Beneficiary's refusal to so sign, promptly reconvey the Property to Trustor and shall execute such documents evidencing said reconveyance as any Senior Lienholder may request. Provided, however, that if the Senior Lien exceeds One Million Two Hundred Fifty Thousand Dollars ($1,250,000), this Deed of Trust shall no longer be subordinated to any other debt unless Beneficiaries are paid $100,000 towards the discounted value (using a 10% rate of`,return) of the remaining Covenant Not to Compete,payments. .Trustor shall not directly or indirectly mortgage, pledge or otherwise encumber the Trust.Estate or assign or attempt'to assign the rents and profits from the Trust Estate, to any person or party -other than the Beneficiary or,any Senior Lienholder without Beneficiary's prior written consent. 6. EMINENT DOMAIN. Should the Trust Estate, or any material part thereof-or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including Deed in Lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief -4- L.. IN 7 S i �d M1 o MR