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DEED OF 200304275 Page3
<br />Login No: 1677350 (Continued) inued)
<br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action [hat
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br />interest at the rate charged under the Credit Agreement from the date Incurred or paid by Lender to the date of repayment by Truster. All
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (AL be payable on demand; IBI be added to the
<br />balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either .(1)
<br />the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or ICI be treated as a balloon payment
<br />which will be due and payable at the Credit Agreement's maturity. The Deed of Trust also will secure payment of these amounts. The
<br />rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of
<br />any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise
<br />would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions re:a::ng,,o ownership of the Property are a part of this Deed of Trust:
<br />Title. Tractor warrants that: (a) Truster holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or In the Existing Indebtedness section below or in
<br />any title Insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and Ib) Truster has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Dexreat ,if Title. ab;a . tCYa x .gVe i..:rX p2rzgiaph ..:ice , T 3 :.':rrattx ace ` r d lend th. LL,a to the Property
<br />against the 13wiul claims of all persons. In the event any action or proceeding is commenc.',,dthat questions Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Truster shall defend the action at Trustor's expense. Truster may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promisee, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Truttor's
<br />Indebtedness is paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and interior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Truster shall not enter into any agreement with the holder of any mortgage, dead 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. Trustor shall neither request nor accept any future advances under any such security agreement
<br />without the prior 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, Truster shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be 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 participate in the proceeding and to be represented in the proceeding by snar l of its own
<br />choice, and Trustor wit; deliver or :„.use be he e,111 ,ad to Ls sod. sk eu....malol or ^:1v revaestn^ 1•u
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. It 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 Deed of Trust:
<br />Current Taxes. Fees and Charges. upon request by Lender, Truster 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. 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 limitation all taxes, fees, documentary stamps, and ether charges for recording or registering this Dead of
<br />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
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Truster is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) 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 on payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Dead 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 Trustor ether (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 Deed of Trust as a security agreement are a
<br />part of this Deed of Trust: -
<br />Security Agreement This instrument shall constitute a Sac;a.;.y Ayeahamt to the extent ahy,sf the Property constitutes fixtures, and
<br />Lend., she;, huveaifa, the thbl'h:i.::m Car; :hlitiliYCOdi as td•enPitl ::om :LTa rs :me.
<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 Personal Property. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorization from Truster, 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, Trustor 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 (31 days after receipt of written demand from Lender to
<br />the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Truster (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 lirm
<br />page of this Dead 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 lime, and from time to lime, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender. cause to be filed, recorded,
<br />rallied, 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
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