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DEED OF TRUST Loan No: 1515640 200204121 (Continued) Page 3 Survival of Representations and Warranties. Ali representations, warranties, and agreements made by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall ba continUla,y in nature; and shall remain in full force and effect until such time as Trustor's Indebtedness snail be paid in full.. CONDEMNATION. The following provisions relating to condemnation oroceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustnr shall promptly notify Lender In writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such proceeding, but i.ender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver cr cause to be delivered to Lender such ins!rurnonts and documentation as may be requested by Lender from time to time to permit such parlicipa! ion. Application of Net Proceeds. if all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or 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 to the Indebtedness or the repair or restoration of the Property. The net pror�e'ds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or.I..ander in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMEN .AJ- AUTHOtaiTIES. The following provisions relating to governmental taxes, fees and charges are a cart of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition tj this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Dried of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following small constitute, taxes to which this section applies: (1) a specific, tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor Is authorized or 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 chargeable against the Lender 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 Trustor - Subsequent Taxes. If any tax to which this section applies is enacted sub<eq;aent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or ail of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes de".inquent, or (2) contests the tax as provided above =, in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust :. Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have ail of the rights of a sArured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust In the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Properly not affixed to the Properly in a manner and at a plane reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law, Addresses. The rnaifloo addresses of Trustor (debtor) and Lender (secured party) from which Information concerning tho security Interest 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 Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN- FACT, The following provisions relating to further assurances and attorney- irt-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time in time, upon request of Lender, Truslor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designe,;t, and when requested by Lender, cause to be filed, recorded, 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 such mortgages, deeds of trust, security deeds, security agreements', financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sole opinion.of Lender,, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Dead of "trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior, liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. 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 Trustor and at Trustcr's expense. For such purposes, Trustor hereby irrevocably appoints Lender as TrUstor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing 0 other things as may be necessary or desirable, in Lender's sole opinion, iv act :omplish the matters referred to in the preceding paragrapl•. FULL PEPFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truslor under this Deed of Trust, Lender shall execute and deliver to Trustee a regL*st fcr full reconveyance and shalt execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing L• nde�',; security interest in the Rents and the Personal Property. Any reconveyance fe4 required by law shall be paid by Truslor, if permitted by ai n1 %c. ;!tile ftw. r__h n r L dery no., shall n r lil�•��ti rn Evoril of I • lwva under !h!s Deed of Trim!• ,V Cw 15 tai- i�r :r nv�.r. Cq'.- of iiiC t�uvrviirg, a, s7nua� � vp,� , �,..,� ..,_ .,., Payment Default. Trustor fails to make any payment when due under the indebtedness. Other Defaults. Trustor fails to comply with or to perform any other terra, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform am-/ term, obligation, covenant or condition contained Ir any other agreement between Lender and Trustor. Compliance Default. Failure to comply with any olher term, obligation, covenant or condition contained in this Deed of Trust, the Note or in ar y 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 Deed of T%V within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends wriltrm notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. Failure of Trustor wl!hin the time required 11v this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Trustor default under any ivan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or Trustor's agility to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of file Related Documents. Fare Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's bshatf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter- Defective Collaternlizatfon. This Deed of Trust c7,-•%y cf the !-ielafed Documents ceases to be in full force and effect (including failure of any colialeral document to create a valid aria perfected security irlerest or li(in) at any tlrne and for any reason.