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DEED OF TRUST 200205854
<br />Loan No: 1537737 (Continued) Page 3
<br />ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Truslor has made in this Deed of Trust shall survive the execution and
<br />delivery ai this Used of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness
<br />is paid In lull.
<br />CONDEMNATION. The following provlslons relating to condemnation proceedings are a pad of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation Is flied, Truster shall promptly notify Lender in writing, and Truster shall promptly take such
<br />steps as may be necessary to defend the action and obtain the award. Truster 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 awn choice, and Truster will
<br />deliver 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, Lander may at its election require that all or any portion 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 casts, expenses, and attorneys' fees Incurred by Trustee or Lander 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 pad of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lander, Truster shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action is requested by Lender to pedect and continue Lender's lien on the Real Property. Truster shall reimburse Lender
<br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Dead of Trust, including
<br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust.
<br />Taxes. The fallowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any
<br />part 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 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
<br />or the holder of the Note; and (A) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br />Truster.
<br />Subsequent Taxes. If any tax to which this section applies is enacled 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 lax 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 Lander.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The fallowing 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 Lentler
<br />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 Lander, 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 Personal Property. In addition to recording this Deed of Trust In the real
<br />property records, Lender may, at any time and without further authorisation from Trull file executed counterparts, copies or reproductions
<br />of this Deed of Trust as a financing statement, Truster shell reimburse Lender for all expenses incurred in perfecting or continuing this
<br />security interest, Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon default, Truster
<br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster and Lender
<br />and make It available to Lender within three (3) days offer receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Truster (debtor) and Lender (secured party) from which Information concerning the security interest
<br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as slated on the first page of this
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY —IN —FACT. The following provisions relating to further assurances and afforney —in —tact are a part of this
<br />Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and tleliver, or will cause to be
<br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lentler, cause to be filed, recorded, refiled, or
<br />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,
<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) Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and
<br />security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Truster.
<br />Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lender for all costs and expenses incurred in
<br />connection with the matters referred to In this paragraph.
<br />Attorney —in —Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br />Truster and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's attorney —in —fact for the
<br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br />opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Truster pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trusior under
<br />this Deed of Trust, Larder shall execute and deliver to Trustee a request for full reoonveyance and shall execute and deliver to Truster suitable
<br />statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br />recanveyance fee required by law shall be paid by Trustoq if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lender's option, Truster will be in default under this Deed of Trust If any of the following happen:
<br />Payment Default. Truster fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Truster breaks any promise made to Lander or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In
<br />any of the Related Documents. If such a failure is curable and if Truster has not been given a notice of a breach of the same provision of this
<br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Truster, after Lender
<br />sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen
<br />(15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Truster default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially effect any of Trustor's property or Trustor's
<br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Truster or on Trustor's behalf under this Deed of Trust
<br />or the Related Documents is false or misleading in any material respect, either now or at the time matle or furnished.
<br />Defective Collalerallstatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (Including failure of any
<br />collateral document to create a valid and perfected security interest or lien) at any time and for any reason_
<br />Death or Insolvency. The death of Truster, the insolvency of Trustor, the appointment of a receiver for any part of Trusters property, any
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