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<br /> �2-13-1999 DEED OF TRUST 9 9 1117 5 7 Page 4
<br /> Loan No 1055698 (Continued)
<br /> DCISTING INDEBTEDNESS. The foHowiny provisions concernlnq e�dsdn� indebtedness (the"Exis4rp Indebtedness'�aro a part of tMs Deed of
<br /> Trust.
<br /> E�di�tin�Lisn. The lien of this Deed of Trust securing the Indebtedness may be aecondary and inferior to an existlnp Nsn. Trustor e�rossly
<br /> covenanls and agrees to pay,or see to the payment of,the E�dsHrq Indebtedness and to prevent any default on such fndebtedness,any dehult
<br /> under the instruments evidencinp such indebtedness,or any defauft under any security documents for such indebtedness.
<br /> Default. �f the payment of any installment of principal or any int�est on the F�cisang Indebtedness is not made wRhin the tlms requfred by the
<br /> nofe evidendng such indebtedness,or should a default occur under the inshument securiny such indebtedness and not be cured durinp any
<br /> epplicable grace period therein,then,at the option of Lender,the Indebtedness secured by this Deed of Trust shaN become fmmedfately dus
<br /> and payable,and this Deed of Trust shall be in defautt.
<br /> No Modlflcatlon. Trustor shaA not enter into any apreement with the holder of any mortpage,deed of trust,or other security agreemeM which
<br /> has priority over this Deed of Trust by which that agreement is modified,amended,extended,or renewed without the prior w�itten consent of
<br /> Lender. Trustor shaN neither request nor accept any future advarx�s under any such securiiy agreement without the prior wrNten consent of
<br /> Lender.
<br /> CONDEMNATION. The following provisions relaHng to condemnation proceedings are a part of this Deed of Trust.
<br /> Applkatlon ot Net Proceeds. If all or any part of the Prope�ty is condemned by eminent domain proceedings or by any proCeediny or
<br /> purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be appNed to the
<br /> Indebtedness or the repair or restoradon of the Prope�ty. The net prooeeds of tha award shaU mean the award aitar payment of aU reasonable
<br /> costs,expenses,and attorneys'fees incuRed by Trustee or Lender in conneciion with the condemnatio�.
<br /> Proceedinys. If any proceedinp in condemnation is iNed,Trustor shaN prompdy notiy Lender in writing,and Trustor shaU prompdy Wu such
<br /> steps as may be necessary to defend the action and obtain fhe eward. Trustor may be the nominal pariy in such proceedinp,but Lender shall
<br /> be erdided to participate in the proceedinp and to be represented in the proceedinp by counsel of its own chok;e,and Trustor wiN deliwr or
<br /> cause fo be delivered to Lender such instruments as may be requested by it trom tkne to time to permN such participadon.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AIJTHORITIES. The folbwin� provisions relaiinp to governmeMal�xa�,
<br /> fees and charyes are a part of this Deed of Trust:
<br /> CuRe�t Taxes,Fsea and Charpes. Upon request by Le►xier,Trustor shaN execute such documents in additlon to this Deed�Trust and take
<br /> whetever other actlon is requested by Lender to perfect and conHnus Lender's Nen on the Real Properly. Trustor sheil reimburse Lender for aN
<br /> texes, es descxibed below, together with sA e�enses incurred in recording, perfecHrq or continuinp this Deed of Tr�t, indudirp without
<br /> NmitaHon aN taxes,fees,documentary stamps,and other charges tor recording or repis�rirq this Deed of Trust.
<br /> Taxes. The fdlowing shaq constitute taxes to which this secdon appties: (a)a specific tex upon this type of Deed of Trust or upon aN or any
<br /> part of the Indebtedness secured by thG�Deed of Trust; (b)a specific tex on Borrower wF►ich Borrower is authorized or required to deduct 1rom
<br /> peyments on the Indebtedness secured by this typa of Deed of Trust; (c)a tax on this typo of Deed of Trust che►geable aqai�t the Lender or
<br /> the holder of the Note; and (d) a specific tex on eN or any patlon of the Indebtedness or on payments of prindpal and Interest made by
<br /> Borcower.
<br /> Subsequent Taxes. If any tax to wFdch this sectlon applies is enec�d subsequent to the date of this Deed of Trust,this eveM sFwN have ths
<br /> same effect as an E�rent of DefaWt(as defined below),and Lender may exercise any or aN of its avaHable remedies tor an Evsnt of Dshult�s
<br /> provided below uniess Trustor either (a)pays the tax before H becomes delinquent,or (b)contests the tax as provided abovs fn the Taxes and
<br /> Lier�s secNon and deposits with Lender cash or o sutficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The fdlowing provisions relating to this Deed of Trust as a security agreement are a part of
<br /> this Deed of Trust.
<br /> Security Ayreement. This instrument shaU constitute a securiy agreement to the extent any of the Property conslitutes flxtures or other
<br /> personal properiy, and Lender shaN have all of ihe rights of a secured party under the Uniform Commercial Code as amended irom dme to
<br /> Ume.
<br /> Security Interest. Upon request by Lender,Trustor shall execute financing statements and take whatever other actlon is requested by Lender
<br /> to perfect and conHnue Lend�'s security int�est in the Ren#s and Personal Properiy. In addition to recordirp this Deed of Trust in the real
<br /> properly records,Lender may,at any tlme and without further authorization irom Trustor,tile executed counterparts,copies or reproducrior�of
<br /> this Deed of Trust as a flnancing statement. Trustor shaN reimburse Lender for ab expenses incurred in perfectirp or contlnuirp this securily
<br /> interast. Upon defeult,Trustor shall assemble the Personal Property in a manner and at e place reasonabiy convenient to Trustor and Lender
<br /> and make it availebie to Lender within three(3)deys after rec�ipt of wriiten dert►and from Lender.
<br /> Addreaees. The mailing addresses of Trustor(dobtor) and Lender (secured party), irom which InformaHon conoeminp the security interest
<br /> graMed by this Deed of Trust may be obtained(each as required by the Uniform Commerciel Code),are as stated on the ti�st paye of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foNowing provisior►s relatinp to further assurances end attorney--in-fact are a part d Mie
<br /> Deed of Trust. _
<br /> FurthK Assurances. At any Ume,and trom time to tlme, upon request of Lender,Trustor wiN make, execute and deliver, or wNl cause to be
<br /> mede, execWed or delivered, to Lender or to Lender's designes. and when requested by Lender, cause to be 1Ned. recorded. refllad, or
<br /> rerecorded,as the case may be,at such tlmes and in such o�and pleces es Lender may deem appropriate,any and aN such mortgages,
<br /> deeds of trust,securiiy deeds,security agreements,financinp statements,condnuetion statements,in.struments of further assurance,csrtiAcates,
<br /> and other documenis as may, in the sole opinion of Lender, be ne�ssary or desirabie in order to effectuate,complete,perfect,contlnue, or
<br /> preserve (a)the obiigations of Trustor and Borcower under the Note,this Deed of Trust,and the Related Documents,and (b)the Ilens and
<br /> secu�ity interests created by this Deed of Trust on the Property,whether now owned or hereafter acquired by Trustor. Unless proh�ited by law
<br /> or eqreed to the contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expe�incurred in connecUon with the matters
<br /> referred to in this paragraph.
<br /> Attomey-In-Fact. if Trustor fails to do any of the things refeRed to in the preceding parag�eph, Lender mey do so for and in the name of
<br /> Trustor and at Trustors expense. For such purposes,Trustor hereby irrevocably eppants Lender as Trustor's aftorney-in-fact for the purpose
<br /> of making, executlng, delivering, filing, recording, and ddng all other things as may be necessary or desirable, in Lenders sole opinion,to
<br /> accomplish the matters referred to in the preceding paragreph.
<br /> FU1 PERFORMANCE. If Borrow�pays all the Indebted►iess when due,and otherwise performs all the obligations imposed upon Trustor under
<br /> this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deNver to Trustor suNable
<br /> statements of termination of any financing statement on file evidenanp Lender's securiiy interest in the Rents and the Personnl Properiy. Any
<br /> reconveyance fee required by Iaw shall be paid by Trustor,if permitted by applicable law.
<br /> DEFAI�.T. Each of the following,at the option of Lender,shaR constitute an event of default("Event of Default")under this Deed of Trust:
<br /> Default on Indebtedness. Failure of Borrower to make any payment when due on the Indebtedness.
<br /> Defaulf on Other Payments. Faflure of Trustor wfthin the time required by this Deed of Trust to make any payment for taxes or insuranoe,ar
<br /> any other payment necessary to prevent filing of or to effect discharye of any lien.
<br /> Defaulf In Favor of Third Partles. Should Borrower or any Trustor default under any loen,extension of credit,security agreement,purchase or
<br /> sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's propery or
<br /> Borrower's or any Trustor's abNity to repay the Loans or perform their respective obligatlons under this Deed of Trust or any of the Rela�d
<br /> Documenis.
<br /> Compllance DefauR. Failure of Trustor or Borrower to coraply with any other term,obligaGon,covenant or conditlon contained fn this Deed of
<br /> Trust,the Note or in any of the Releted Documents.
<br /> Fdse Statements. Any warranty,representatlon or statement made or furnished to Lender by or on behalf of Tn�tor or Borrower under this
<br /> Deed of Trust,the Note or the Releted Documents is false or mi.�leading in a�y material respect,either now or at the 4me mede or fumished.
<br /> Defective Collaterdizatlon. This Deed of Trust or any of the Related Documenis ceases to be in full force and effect(including failure of any
<br /> coileteral documents to cxeate a valid and perfected security interest or Nen)at any time and for any reason.
<br /> Death or Inaolvency. The death of Trustor or Borcower or the dissdution or termination of Tnistor or Borrower's exlstence as a goirp bustness,
<br /> the insolvency ot Trustor or Borrower, the eppdntment of a receiver for any part of Trustor or Borrower's property, any assipnment for the
<br /> benefit of creditors, any type of creditor wakout, or the commencement of eny proceeding under any bankruptcy or insdvency lawa by or
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