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DEED OF TRUST Loan No: 1617620 (Continued) 200213120 page 3 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 pad of this Dead of Trust: Current Taxes, Fees and Charges. 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 Properly. Truster shall reimburse Lender for all taxes, as described below, together with all 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. Taxes. The following shall constitute taxes to which this section applies: (1) a special tax upon this type of Deed of Trust or upon all or any pad of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Truslor is authorized 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 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 Truslor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Dead of Trust, this even( shall bave 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 lax before it becomes delinquent, or (2) contests the tax 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 part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from lime to time. Security Interest. Upon request by Lender, Trustor shall execute financing statements and lake 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 retards, Lender may, at any time and without further authorization from Truster, file executed counterparts, copies or reproductions 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, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truslor and Lender antl make 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 Truster (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 stated on the first page of this Deed 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 lime, and from time to time, upon request of Lender, Truster 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, refill 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 Near 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 Truslor. 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. AfforneyJo-Fal 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 Truslor and al Trull expense. For such purposes, Truslor hereby irrevocably appoints Lender as Truslor'a a(torne,iin —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 Truster pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truster under this Deed of Trust, Lentler 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 Truster, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Truster will be in default under this Dead of Trust If any of the following happen. Payment Default. Torsion fails 10 make any payment when due under the Indebledness. Break Other Promises. 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 Land of Trust. Compliance Default. Failure to comply with any other term, obligalion, 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 (1 2) months, it may be cured (and no Event of Default will have occurred) if Truslor, 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 Initiates steps sufficient to cure the failure and thereafter confirmed 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 lazes 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 tinder 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 Tootor'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 representation or statement made or furnished to Lender by Trustor or on Trucha c behalf under this Deed of Trust or the Related Documents is false or misleading in any malarial respacl, either now or at the time made or furnished. Defective Collaleral(mtlon, 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. Death or Insolvency. The death of Trustor, the insolvency of Truslor the appointment of a receiver for any part of Trusters 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 Trustor. Taking of the Property. Any creditor or governmental agency tries to take any of the Properly or any other of Truser's properly In which Lender has a lien. This includes taking of garnishing of or levying on Tructor's accounts with Lender. However, it Trustor disputes In good faith whether the claim on which the taking of the Property is based is valid or reasonable, and If Trustor gives Lender written notice of the claim and furnishes Lender with moulds or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply_ Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness 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, surely, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising undw fifif gba)anl� g1 a'manner satisfactory to