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DEED OF TRUST
<br />Loan No: 1657469 (Continued) 200302070 Page3
<br />larva, ordinances, and regulations Of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and driver, of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect
<br />Until such time as Trustor's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisiuns relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding In condemnation is filed, Truster shall promptly notify Lender in writing, and Truster shall promptly
<br />take such'ateps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />chelce, and Truster 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 to governmental
<br />taxes, fees and charges are a part of this Dead of Trust,
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster 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 limitation @II taxes, fees, documentary stamps, and Other charges for recording or registering this Deed of
<br />Trust.
<br />Texas. The following shall constitute faxes to which this section applies: 01 a specific tax upon this type of Deed of Trust or upon
<br />all or any pan of the Indebtedness secured by this Deed of Trust; 12) a specific tax On Trustor which Truster Is authorized or
<br />requited to (I from payments on the Indebtedness secured by this type of Deed Of Trust; (3) a tax an this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Note; nand 14) a specific tax on all or any portion of the Indebtedness or on
<br />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 below unless Truster either II) 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. I he fulluwing provisions relating to this Deed 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, 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
<br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts,
<br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred In
<br />perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the
<br />Property. Upon default, Trustor shall assemble any Personal Properly not affixed to the Property in a manner and at a place
<br />reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand
<br />from Lender to 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 (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -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, or will cause
<br />to be made, executed or delivered, to Lender of to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecordad, as the case may be at such times and in such ufficee 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) Trader 'a obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now caned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall
<br />reimburse Lender fur all costs and expenses Incurred In connection with the matters referred to in this paragraph.
<br />Attorney -in -Fact. If Trustor falls 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. Fee such purposes, Trustor hereby irrevocably appoints Lender as Trustor 'a attorney in fact for
<br />The purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable. In Lender's
<br />sole opinion, to accomplish the matters referred to In the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />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 Iollowlng, 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
<br />Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />Or In 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
<br />provision of this Deed of Trust within the preceding twelve (121 months, it may be cured (and no Event of Default will have occurred)
<br />If Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or IN if the
<br />requires m a than fifteen (15) days immediately initiates steps sufficient to cure the failure and thereafter ugnhnues And
<br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Tractor within the time required by (hie Deed of Trust to make any payment for taxes Or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Trustor default untler any loan, extension of credit, security agreement, purchase or salea
<br />agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Trustor's property or
<br />Theater's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related
<br />Dncumenes.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Truster 'a behalf under this
<br />Deed of Trust or the Related Documents Is (also or misleading in any material respect, either now or at the time made or furnished or
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