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DEED OF TRUST 200300 843
<br />(Continued) Page 4
<br />Existing Lion. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of
<br />an existing obligation to COMMERCIAL FEDERAL SAVINGS. The existing obligation has a current principal balance of approximately
<br />$65.971.00 and is in the original principal amount of 566,975.00. Truster expressly covenants and agrees to pay, or e to the
<br />payment of, the Existing Indebtedness and to prevent any default a such indebtedness, any default under the instruments evidencing
<br />such indebtedness, or any default under any security documents for indebtedness.
<br />No Modification. Truster shall not enter Into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior Written consent of Lender. Truster shall neither request nor accept any future advances under any such security agreement
<br />without the prier written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust
<br />Proceedings. If any proceeding in condemnation is filed. Trustor shall promptly notify Lender in writing, and Truster shall promptly
<br />take such steps as may he necessary to defend the action and obtain the award. Trustor may be the nominal party In such
<br />proceeding, but Lender shall be entitled to participats in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding 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 applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all 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 he governmental
<br />taxes, tees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall acute such documents in addition to this Dead of Trust
<br />and take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, Including without irritation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: 111 a specific tax upon this type of Deed of Trust or Open
<br />all or any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Truster which Truster Is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness
<br />or an payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as an Event of Default and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided halnw unless Trustor either (1) pays the tax before it becomes delinquent or (2) contests the tax as provided above in the
<br />Taxes and Liens 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 a security agreement are a
<br />part 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
<br />Lender 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, Buster shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust In the
<br />sal property records, 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.
<br />Upon default, Truamr shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably
<br />convenient to Trustor and Lender and make it available to Lender within three 13) days after receipt of written demand from Lender to
<br />the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Decd of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and anorney -in -fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, o r will cause
<br />to be made, executed or delivered, to Lender or 1. Lender's designee, and when requested by Lentler, scare to be (dee, recorded.
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to
<br />effectuate, complete perfect, continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lender
<br />for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Atlorney -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
<br />of Trustor and at Trustor's expense. For such purposes, Trustur hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
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