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DEED OF TRUST Wan NO: 1592872 (Continued) 20021078(; Page covenants and agrees e es to pay, or s 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 MOINcatlon. Truster shall not enter into any agreement with the holder of any mortgage, deed 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 prior written ..at of Lender. Truster shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Trust: Proceedings. It any proceeding In condemnation is filki Trustor shall promptly notify Lander 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 padkipate in the proceeding and to be represented In the proceeding by counsel of its own choke, and Trustor will deliver or cause to be delivered to Leader such instruments and documentation as may be requested by Lender from fime to lime to permit Such participation. Application of Net Prooseds. If all or any pad of the Property is condemned by eminent domain proceedings or by any proceeding w purchase in I[eu 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 aftorceys' 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 pad of this Deed of Trust: Current Texas, Fine and Changes. Upon request by Lentler. Trustor shall execute such documents In addition to this Dead of Trust and take whalaver other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shell reimburse Lender for all lazes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, including without limitation all lazes, lees, documentary stamps, and other charges for recording or registering this Deed of Trust. Texas. 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 pad of the Indebtedness Secured by this Dead 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 Deed of Trust; (3) a lax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Trustor. Subsequent Texas. If any lax to which this section applies is elected subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the lax as provided above in the Texas and Liens section and deposits with Lender 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 pad of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes Wines, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to lime. 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 authonzalion 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 or continuing this security interest. Upon delaull, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shell assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and mks it available 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 Trustor (debtor) and Lender (secured party) from which information concerning the sequnty 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 Dead of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and aftorne"n -fact are a pan of this Deed of Trust: Further Aseurences. 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 Lander or to Lender's designee. and when requested by Lander, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgages, deeds of bull, 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 dasimble in wtler to effectuate, complete, perfect, continue, or preserve (1) Truslors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the Ipm and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Truslor. Unless prohibited by law or Lender agrees to the contrary in writing, Truslor shall reimburse Lander for all costs and expenses Incurred In connection with the matters referred to in this paragraph. ANOrney- IMFael. If Truster 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 Trustw's expense. For such purposes, Trustor hereby irrevocaEly appoints Lender as Trustor's aaorreytin -fact for the purpose of making, executing, delivering, (ling, 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. FU1 PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Trustor under this Dead of Trust, Leader 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 Lenders security interest in the Rents and the Personal Properly. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Truslor will be in default under this Deed of Trust if any of the following happen: Payment Default. Truster 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 Dead of Trust or in any agreement related to this Dead of Trust. Compliance Default. 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. If such a failure Is curable and if Truslor has not been given a notice of a breach of the Same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have attuned) 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 fifteen (15) days, immediately inifiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary slaps sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. Failure of Trustor within the lime required by this Dead 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 Truslor 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 Trustees property or Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. Fain Statements. Any reprlsenlepgq of smitypent made or furnished to Lender by Trustor or on Truster's behalf under this Dead of Trust or the Related Documents kk [else 33 rah4edng in any material respect, either new or at the time made or furnished. Defective Collaterallntlon. This Dead 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.