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DEED OF TRUST <br />Loan No: 776244 2p0300063 (Continued). <br />Page 4 <br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all <br />reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation, <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />fees and charges are a part of this Deed of Trust: <br />Currant Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Dead of Trust and <br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Used of Trust, including <br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Truster which Truster is authorized or required to deduct from <br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender <br />or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Truster. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Dead of Trust, this event shall have the <br />same effect as an Event of Default, and Lender may exercise any or all of Its available remedies for an Event of Default as provided below <br />unless Truster either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Texas and Liens <br />section and deposits with 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 Dead of Trust as asecunty agreement are a pad <br />of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender <br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by <br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in <br />the real property words, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or <br />reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or <br />continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon <br />default, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor <br />and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by <br />applicable taw. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest <br />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 <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorney -in -fact are a part of this <br />Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />more, executed or delivered, to Lender or to Lenders designs , and when requested by Lender, cause to be filed, recorded, refried, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may dean appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, <br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Truster's obligatons under the Nate, this Deed of Trust, and the Related Documents, and (2) the liens and <br />security interests created by this Deed of Trust as first and prior hens on the Property, whether now owned or hereafter acquired by Trustor. <br />Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attorney -In -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Truster and at Truster's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Truster's ahmnay -in -fact for the <br />purpose of making, executing, defrosting, filing, recortling, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs <br />all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or <br />in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other <br />agreement between Lender and Truster_ <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or m <br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Trustor, after Lender <br />sends written notice demanding cure of such failure- (a) cures the failure within fifteen (16) di or (b) It the cure requires more than fifteen <br />(15) days, immediately mitiales steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps <br />sufficient to produce compliance as soon as reasonably practical. <br />