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200209332 DEED OF TRUST Loan No: 1578020 (Continued) Page 3 covenants and agrees to pay, m see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Dead of Trust by which that agreement is modified, amended extended, or renewed without the prim written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent at Lender. CONDEMNATION. The following proNSions relating to condemnation proceedings ere a pad of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed. Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps As may be necessary to defend the action and obtain the award. Trustor 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 a 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 potion of the net proceeds of the award be applied to the Intlebbdnees 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' lees 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 lazes, fees and charges are a pad of this Deed of Trust: Current Truces, Fees and Charges. Upon request by Lender, Trustor 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. Trustor shall reimburse Lender fm all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this David of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust. Taxes. The following shall constitute taxes to which this section applies: (I) a specific tax 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 tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (a) a specific lax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Tues. If any tax to which this section applies is enacted subsequent to the date of this Dead 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 to before it becomes delinquent, or (2) contests the lax as provided above In the Tues 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 part of this Dsetl of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Properly constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time Is 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 Properly. In addition to recording this Dead of Trust in the used property records, Lender may, at any time and without further authmizalion from Truslor. file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor 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 Truslor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the utent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the securiy interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commemlal Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftornaytio-fact are a pad of this Dead of Trust: Further Assurances. At any lime, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed m delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refilled 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, ceddflcates, and other documents as may, in the sole opinion of Lender, be necessary on desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security Inlasets created by this Dead of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Atlan n,4 - act. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Trustm and at Trustors expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustor's eftorneytiri -fact for the purpose of making, executing, converting, filing, wording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the carriers refereed to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due. and othawdse performs all the obligations Imposed upon Trustor under this Dead of Trust, Lender shall execute and deliver to Trustee a request far full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shell be paid by Truslor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Dead of Trust if any of the following happen: Payment Default. Truslor falls to make any payment when due under the Indebtedness. Break Other Promiees. Trustor 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 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 Trustor 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 Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fiHeen (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 Omer Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for lees 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 maternally affect any of Trustor's property or Trustors ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the Related Documents, False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Dead of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Collaterallzatlon. 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 Gore and fm any meson.