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Loan No: 775943' I 1 `'" , t.
<br />DEED OF TRUST 200213762
<br />(Continued) rage a
<br />choice, and Tractor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust: I
<br />Current Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (31 a tax on this type of Deed of Trust
<br />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
<br />payments of principal and Interest made by Truster.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effect as n Event of Default and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Truster either 11) pays the tax before it becomes delinquent or (2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Truster shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Deed of
<br />Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts,
<br />copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in
<br />perfecting or continuing this security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the
<br />Property. Upon default, Truster shall assemble any Personal Property not affixed to the Property in a manner and at a place
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<br />reasonably convenient to Lobster and Lender and make it available to Lender within three 131 days after receipt of written demand
<br />from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Truster (debtor) and Lender Isecured party) from which Information concerning the security
<br />Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Cenci are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES: ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney in fact are a part of
<br />this Dead of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />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
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Tmstor's obligations under the Note, this Deed of Trust, and the Related
<br />Documents, and Ch the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Truster. Unless prohibited by law or Lender agrees to the contrary In writing, Trustor shall
<br />reimburse Lender for all costs and expenses Incurred in connection with the matters referred to In this paragraph.
<br />Attorney in Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name
<br />of Truster and at Tractor's expense. For such purposes, Truster hereby irrevocably appoints Lender as Truster's attorney in fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sale opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Truster pays all the Indebtedness, including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request far full
<br />reconveyance and shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Truster, if
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Truster fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Truster fails to comply with or to perform any other term, obligation, covenant or condition contained In this Deed of
<br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trusser.
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