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DEED OF TRUST (Continued) 200210405 Page Existing Lien. The lien of this Deed of Trust securing Me Indebtedness may be secondary and inferior to the lien securing payment of an existing obligation m State Farm Bank. The existing obligation has a current principal balance of approximately $300,000.00 and is in Me original principal amount of $300,000.00. Truster expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under Me instruments evidencing such Indebtedness, or any default under any security documents for such indebtedness, No Modification. Truster shall not enter into any agreement with the holder of any mortgage, dead of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the pdor written consent of Cancer, Truster shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lander. CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of Mis Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Truster shall promptly notify Lander in writing, and Truster shall promptly take such steps as may be necessary to defend Me action and obtain the award. Truster may be the nominal path In such proceeding, but Lander shall b, entitled M participate in the procaseing 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 ro permit such fumicipation. Application of Net Proceeds. If all or any pan 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 Met all or any portion of Me 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 Me award after payment of all reasonable costs, expenses, and alloun fees incurred by Trustee or Lender In connection with Me condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The folowing provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust Current Taxes, Fees antl Charges. Upon request by Lender, Truster shall execute such documents In addition to this Dead of Trust and take whatever other action Is requested by Lender to Perfect and continue Lenders 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 Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust. Texas. The fallowing shall constitute taxes to which this section applies: (1) a specific tax upon Me type of Deed of Trust or upon all or any pan of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Truster which Truster is authorized or required to deduct from payments on Me Indebtedness secured by this type of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against Me Lender or the holder of Me Credit Agreement; and (4) a specific tax on all or any portion of Me Indebtedness or on payments of principal and interest made by Trustor. Subsequent Texas. 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 Lentler may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor ether (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lentler cash or a sufficient corporate surely bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a pan of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of Me Property constitutes fixtures, and Lender shall have all of Me rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by LaMar, Trustor shall execute financing statements and take whatever other action Is requested by Lentler ro perfect and continue Lender's security interest in the Personal Properly. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Dead of Trust as a financing statement. Trustor shall reimburse Lender for all expenses Incurred in perfecting on continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lentler and make it available to Lander within three (3) days after receipt of written demand from Lender to Me extent permitted by applicable law. Addresses. The nailing addresses of Truster (debtor) and Lentler (secured party) from which Information concerning Me security interest granted by this Dead of Trust may be ordained (each as required by the Uniform Commercial Code) are as stated on the first page of this David of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor 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 Larder, cause to be filed, recorded, refiled, 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 Lander, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Truster's obligations under the Credit Agreement, this Dead of Trust, and Me 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 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. Attorney-In-Fad. If Truster fails to do any of the things referred to in Me preceding paragraph, Lander may do so Mr and in Me name of Trustor and at Trusor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney -in -fact for Me 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.