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DEED OF TRUST Loan No: 1564376 (Continued) 200208157 Page ad tedness 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, end attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaling to governmental taxes, fees and charges are a pad of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute Such documents in addition to this Dead of Trust and take whatever other action rs requested by Lender to perfect and continue Lender's lien an the Real Property. Truster shall reimburse Lender for all taxes, As demanded below, together with at expenses incurred in recording, perfecting or continuing this Dead of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Tues. The following shall constitute taxes to which this section applies: (1) a specific lax upon this type of Dead of Trust or upon all or any pad of the Indebtedness secured by this Deed of Trust; (2) a specific lax on Truster which Truster is authorized or required to deduct from payments on the Intlebtedness secured by this type of Dead of Trust; (3) a tax on this type of Dead 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 Truster, Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same ~I 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 Truster either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Texas 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 relaling 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 extant any of the Property constitutes fixtures, and Lander shall have all of the rights of a secured party under the Uniform Commercial Cod. 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 Personal Property, In addition to recording this Deed of Trust in the real property records. Lender may, at any lime and without further authonzaeon from Truslor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Truster 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 place reasonably convenient to Truster and Lender and make it avallabie to Lender within 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 Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY- ] N-FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurences. At any time, and from time to lime, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refileo 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 bust, security Cards, security agreements, financing statements, continuation statements, instruments of further assurance, cenificales, and other documents as may, in the sole opinion of Lentler, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trusters obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and security Interests cleared by this Deed of Trust as first and poor liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Truslor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Aftomey -In rot. It Truslor 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 Trustor'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 all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lander shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's seemly interest in the Rents and the Personal Property. Any raconveyance fee required by law shall be paid by Truster, if permitted by applicable law. EVENTS OF DEFAULT. At Lenders option, Truster will be in default under this Deed of Trust if any of the following happen: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Truslor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner Provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance DefauB. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. It such a failure is curable and if Truslor 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) it Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fiffsen TI 5) 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 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 affect 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 Trusters property or Trustor's ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the Related Cccumenls. Few Statements. Any representation or statement made or furnished to Lender by Truslor or on Trustor'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. Detective Collaterallsin lon. 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 len) at any time and for any reason. Death or Insolvency. The death of Truslor, the insolvency of Truslor, the appointment of a receiver for any pan of Truster's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Truslor. Taking of the Properly. Any creditor or governmental agency tries to lake any of the Property or any other of Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Truslor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Truslor gives Lender written notice of the claim antl furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Omer Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace Period grounded therein. Including without initiation any agreement concerning any indebfadnesg or other obligation of Trustor to Lender, whether existing now or later, Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, Or accommodation party of any of the Indebtedness or any guarantor, endorser, Surety, or accommodation party dies or becomes irc e.jerl or revokes or disputes the validity of, or liability under, any Guaranty of the Intlebtedness. In the event of a death, 1 -144al I wT„va pun, y;.bul shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to