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DEED OF TRUST
<br />Loan No: 773495 200243 (Continued) Page 4
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<br />ordinances, and regulations of governmental authorities.
<br />Survlval of Representations and warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall
<br />survive the execution and delivery of this Deed of Trust, shell be continuing in nature, and shall remain in full force and effect until such time
<br />as Truster's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following Provisions relating to condemnation proceedings are a pad of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation Is filed, Truster shall promptly rotiq Lender in writing. and Truster shall promptly fake such
<br />steps as may be necessary to defend the acfion and obtain the award. Trustor may be the nominal party in such proceeding, but Lender
<br />shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Truster will
<br />aches or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit
<br />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 sector of the net proceeds of the award be applied to the
<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, expanses, 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 />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Truster shall reimburse Lender
<br />for all tuxes, as described below, together with all expenses incurred in recording, perecting or continuing this Deed of Trust, including
<br />without limitation all taxes, lees, documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of T rust or upon all or any
<br />pad 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 an the Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Deed of Trust chargeable against the Lender
<br />or tire 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 />Tractor.
<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 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 Taxes 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 Deed of Trust as a security 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 ell of the rights of a secured party under the Uniform Cammemlal Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Truster 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 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, cover or detach the Personal Property from the Property. Upon
<br />default, Trustor 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 law.
<br />Addresses. The mailing addresses of Truster (debtor) and Lender (secured party) from which information concerning the security interest
<br />go tad 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 />Deetl of Trust.
<br />FURTHER ASSURANCES ATTORNEY -IN -FACT. The following provisions relating to further assurances and attomey-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 />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflect, or
<br />rerecorded, as the case may be, at such times and in such oaices and places as Lender may deem 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) Toaster's obligations under We Note, this Deed of Trust, and the Related Documents, and (2) the liens and
<br />security interests created by this Dead of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br />Unlsss prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expanses incurred in
<br />connection with the matters referred to in this paragraph.
<br />Attamey-In -Fact. If Trustor falls to do any of the things offered to in the Preceding paragraph, Lender may do so for and in the name of
<br />Trustor and at Tmstor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Toaster's attorney -In -fact for the
<br />Purpose of making, executing, delivering, !ling, recording, and doing all other things as may be necessary or tlesirable, in Lender's sole
<br />opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FOUL PERFORMANCE. 11 Trustor pays all the Indebtedness, including without limitation all future essences, when due, and otherwise performs
<br />all the obligations imposed upon Trustor under this Deed of Trusl, 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 reoonveyanee fee required! by law shall be paid by Truslor, if permitted by applicable law.
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