DEED OF TRUST
<br />(Continued) 200207056 Page
<br />Compliance with Laws. Trustor warrants that the Prop" and Persian use of the Property complies with all existing applicable laws,
<br />experiences, and regulations of gostrucc al authorities.
<br />Survival of Promises. NI promises, agmemener and statements Tmstor has made In this Dead IN Trust shall survive the execution and
<br />delivery of this Dead of Trust, shall be continuing in nature and shall remain In lull force and effect until such time as Borrower's
<br />Indebredess Is bald in full
<br />EXISTING INDEBTEDNESS. The following prodsenes concerning Existing Indebtedness are a part of this Dead of Trust.
<br />Existing Lien. The Ilan of this Deed of Trust securing Me Indabtedness may be secondary and inferior to the Ilan securing payment of an
<br />existing obGgotion. The existing obligation has a current principal balance of approximately S149,405 UP Trustor expressly covenants and
<br />agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such Intlebtswal, any default under the
<br />Instruments evidencing such Indebtedness, or any default under any security documenter for such indebtedness.
<br />No Modification. Trustor shell not enter Into any agreement With the holder of any mortgage, tleN of trust, or other security agreement
<br />which has priority over Ibis Dead of Trust by which that agreement Is mcentied, amontled, extended, Cr renewed without the prier written
<br />sent of Lentler. Trustor shall neither request cur accept any future advances under any such security agreement without the prior written sere a Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of this Dead of Trust
<br />Proceedings. If any proceeding in condemnation Is filer Trustor shall promptly notify Lender in writing, and Tmstar shall promptly take such
<br />steps as may be necessary to defend the action and CMaln the award. Pruden may be the nominal party In such proceeding, but Lender
<br />shall be enttled Id participate In the proceeding and to be represented In the proceeding by counsel of its awn choice, and Trustor will
<br />deliver or cause be he tlebvemd to Lender such Instruments and documentation as may be requested by Lender fmm time Is time to permit
<br />Such partlarwoun.
<br />Application of Net Proceeds. If all or any and of the Properly Is condemner by eminent domain proceedings or by any proceeding or
<br />purchase In Ilau of condemnation. Lender may at is elaceon require that all or any portion of me net proceeds of the award be applied M the
<br />Indebtedness or the repair or restoration of the Prop" The net proceeds of Me award shall mean the awed after payment of all
<br />reasonable casts, expenses, and attorneys' fees Incurred by Trustee or Lender in rescreen With Me condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORRIES. The following provisions relating to governmental taxes,
<br />fees and Charges are a pen of this Deed of Trust
<br />Current Taxes, Fees and Charges. Upon request by Lender Trustor shall execute such documents In second M the Dead of Trust and
<br />take whatever other action Is requested by Lender to perfect ant continue Lenders Ilan on Me Real Property Trusor shall reimburse Lender
<br />for all taxes, as descried below, Mgenter with all expenses incurred In recording, protecting or continuing his Deed of Trust, Including
<br />without limitation all taxes, fees, documentary stamps, and other charges for recording or egistering this Dead of Trust.
<br />Taxes. The fallowing shall consisting taxes to which his section applies: (1 ) a specific tax upon this ype of Deed of Trust or upon all or any
<br />Pan of the Indebtedness secured by this Deed of Trust, (2) a specific tax on Borrower which Borrower Is authorized or required M deduct
<br />from payments on the Indebtedness secured by this type of Dead of Treat) (3) a tax on this type of Deed of Trust chargeable against Me
<br />Lender or the holder of the Credit Agreement; and (4) a epecOlC tax on all or any WHOM of Me Indebtedness or on payments of Poreslvl
<br />and interest matle by Borrower.
<br />Subsequent Taxes. If any tax to wisch this section applies is enacted subsequent M the date of this Dead of Trust, this event shall have Me
<br />same effect as an Event of Default, and Lender may exercise any of all of its available remedies for an Event of Default as provided below
<br />unless Trustor either (1) pays the tax before It becomes delinquent, or (2) contests the lax as provided speed 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 W this Dead of Trust as a security agreement are a pad
<br />of Deed a Truss
<br />Security Agreement This instrument shat constlnte a Security Agreement M the extent any of the Property constitutes fixtures, and Lender
<br />shall have at of ngms bt a secured new under the Uniform commercial Code as amended horn time to time.
<br />Security Intent UPOn fewest by Lender, Trustor shall execute financing statements and lake whatever either action Is requested by
<br />Lender to honest and continue Lender's security Interest In the Favored Property. In addition to recording this Dead of Trust in the real
<br />property records, Lender may at any time and without further solarization from Trustor, Idle executed counterpane, copies or reproductions
<br />of Mis Dcetl of must as a financing statement Truster shall compounds Lender for all examines incurred In padeoting or continuing this
<br />security interest Upon default, Theater shall not remove sever or detach Me Personal Property from the Property. Upon default, Trustor
<br />shall assemble any Personal Property not affixed to Me Property In a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (9) days after recent of written demand from tender M the extent Permitted by applicable law.
<br />Addresses. The mailing addresses of Truster (debtor) and Lender (secured party) from which information Concerning me security Interest
<br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Cotle) are as stated on the first page of this
<br />Dead W Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney- infact are a part of this
<br />Deed of Trusf.
<br />Further Assurances. At any time, and from time M time ripen request of Lender Tmstor will make, execute and tlellver, or will cause to be
<br />made, executed or tleivered, to Lender or to Lender's designee, and when requested by Lander, Cause to be Had, recorded, mild, or
<br />rerecorded, as the case Imply be at such times and in such otllcee and places as Lender may deem Prompted, any and all such mortgages,
<br />deetls of trust, security deeds, security agreements, financing statements, continuation statement, instruments of further assurance
<br />Cedflcates, and other d vements as may. In the sole opinion of Lentler, be necessary or desirable in order to effectuate, offer t4 Psdect,
<br />continue, or preserve (1) & mowers and Trustor 's obilgations under the Credit Agreement this Deed M Trust, and the Related Documents,
<br />and (2) the (lens and security Interests created by this Dead of Trust on the Property , whether now owned or hereafter ancon by Tmstar.
<br />
|