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DEED OF TRUST Loan No: 34233 200206188 (Continued) Page Compliance With Laws. Truster warrants that the Properly and Trusex''s use of the Property complies with all existing applicable laws, eminences, and regulations of governmental authorities. - Survival of Promises. All premises, agreements, and statements Truster has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing a nature and shall remain in full force and effect until such time as Trusts's Indebtedness Is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deetl of Trust: Proceedings. If any proceeding in condemnation is NWT Trusor, shall promptly notify Lender in writing, and Truster shall promptly take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry a such promak ing, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase h lieu of condemnation, Larder 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 Me Property. The net proceeds of the award shall mean the award after payment of all reasonable casts, expanses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes. fees and charges are a on of this Dead of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Larders lien on the Real Property. Truster shall reimburse Lander for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Dead of Trust, including without limitation all taxes, fees, decuarm" stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall 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 Used of Trust; (2) a specific tax on Truster which Truster 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 (d) a specific tax on all or any Portion of the Indebtedness or on payments of principal and interest made by Truster. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to Me date of this Deed of Trust, this event shall 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 provided below unless Trustor either. (1) pays the tax before it becomes delirpuent, or (2) conmsts the tax as provided above in Me Taxes and Liens section and deposits with Larder cash or a sufficient corporate surety bond or other security satisfactory to Leader. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead 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 Larder shall have all of the rights of a secured parry under the Uniform Commercial Cade as amarded from time to men Security Interest Upon request by Lander, Truster shall execute financing statements and have whatever other action is requested by Lender to pedant and continue Lender's security interest m the Personal Property. In addition to recording this Dead of Trust in the real property records, Lender may, at any time and without further authorization from Truster, file executed counterparts cal lea or reproductions of this Dead of Trust as a financing statement. Truser 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 Property not affixed to the Property In a manner and at a plane reasonably convenient to Trustor and Lender and make k available to Larder within three (3) days star receipt of written demand from Lender to the extent permitted by applicable law. Addressee. The mailing addresses of Truster (debtor) aid Lender (secured parry) from which information concerning the security Interest granted by this Dead 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 ASSURANCE$; ATTORNEY-IN -FACT. The following provisions relating to fuller assurances and aborney -M -fact are a part of this Deed of Trust: Further Assurance.. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause to be made, executed or delivered, H Lender or to Lender's designee, and wham requested by Lender, cause to be filed, recorded, refried, or rerecorded, as the was may be, at such tines and in such offices and places as Lender may came appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, commualkm statements, Instruments of further assurance, certificates, and other documents as my, in the sots opinion of Lender, be necessary or desirable in order M claimants, complete, Perfect, continue, or preserve (1) Trusters obligations under the Note, this Deed of Trust, and the Related Documents,. and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Tmstor. Unless prohibited by law or Lender agrees to the contrary in writing. Trusser shall reimburse Lender for all costs and expenses incurred in connection with the madere referred to in this paragraph. 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 Truster and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lender as Truslor's attorney-in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sale opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Truster pays all Me Indebtedness, including without limitation all future advances, when due, aid otherwise performs all the obligations Imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyarm and shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Any ram-weyance fee required by law shall be paid by Truster, tl permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Trustor win be in default under this Dead M Trust if any of the following happen: Paymant Defauft- TrµStef fdiloto mzke cry paymanm when due ender ills lydebtedrress. Break Other Promises. Truster breaks any promise made to Lender or fails H perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Dead of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in Mix Dead of Trust, the Note or in any of Me 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 Dead of Trust within the preceding twelve (12) months, it maybe cured (and no Event of Default will have occurred) it Truster, after Lender sends written notice demanding cure of such failure: fa) cures the failure within thirty (30) days; or Mi If Me cure requires more than many (30) days, immediately Initiates steps sufficient to cure the failure and Hereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 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 any other payment necessary to prevent filing of or to effect discharge of any Ilan. Default In Favor of Third Parties. Should Truster default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person Mat may materially affect any of Trostar's property, or Trusters ability to repay Me IndeMetlness or perform their respective obligations under this Dead of Trust or any of the Related Documents. False Statement. Any representation or statenrent made or furnished to Lender by Tractor or on Trusters behalf under this Deed of Trust or the Related Documents a false or misleading in any material respect, either now or at Me time made or fumished. Detective Collaterallzatlon. This Dead of Trust or any of the Related Documents ceases to W in full force and elect (including failure of any colateral document to create a valid and pedected security interest or lien) at any time antl for any reason.