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200207698 DEED OF TRUST Loan No: 1559699 (Continued) Page 3 CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Deed of Trust: Proceedings. It any proceeding in condemnation Is filed, Truster shell promptly notify Lender in writing, and Truslor 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 Lender 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 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 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 proceeds of the award shall mean the award after payment of all reasonable costs, expenses, 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 part of this Deed of Trust: Current Taxes, Fees and Changes. 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 Lender's lien on the Real Property. Truster shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary 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 Deed of Trust; (2) a specific tax on Truster which Truster is supposed 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 Lander 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 Truster. Subsequent Taxes. If any lax to which this section applies is enacted subsequent to the data 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 Truslor either (1) pays the tax before it becomes delinquent, or (2) contests the lax 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 pad of this Dead of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Properly constitutes fixtures, and Lender shell have all of the rights of a secured party untler the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Truster 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 Truslor, file executed counterparts, copies or reprodurtions of this Deed of Trust as a financing statement. Truslor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Truslor shall not remove, sever or detach the Personal Properly from the Properly. Upon default, Truslor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster and Lender and make it eversible to Lender wllhin three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Truslor, (debtor) and Lender (secured party) from which information concerning the 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 - INTACT. The following provisions relating to further assurances and altorneytin- fact are a part of this Dead of Trust: Further Assurances. At any time, and from time to 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 designee, and when requested by Lender, cause to be filed, recorded, refled 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) Truster's 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 as first and prior liens on the Property, whether now owned or hereafter acquired by Truster. Unless prohibited by law or Lander agrees to the contrary in writing, Truslor shall reimburse Lender for all costs and expenses incurretl in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Truslor 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 Trustor'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 Truslor pays ell 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 request for full reconveyance and shall execute and deliver to Truslor suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Properly. Any reconveyance fee required by law shall be paid by Truslor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall consflute an Event of Default under this Deed of Trust Payment Default. Truslor fails to make any payment when do. under the Indebtedness. Other Defaults. Truster fails to comply with or to perform any other term, obligation, covenant or condition contained In this Dead of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Truslor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Dead of Trust, the Note or in 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 Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Truster, after Lender sends written notice demanding cure of such (allure: (a) cures the failure within fifteen (16) days; or (b) If the cure requires more than fifteen (15) tlays, 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 Truslor 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 lien. Default In Favor of Third Parties. Should Trustor 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 that may materially affect any of Truster's properly or Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Truster or on Truser's behalf 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. Detective Coflateralintlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency, The death of Truslor, the Insolvency of Truster, the appointment of a receiver for any part of Trustor's properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvenay laws by or against Truster.