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DEED OF TRUST Loan No: 775915t (Continued) 200213763 Page CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Decd of Trust- Proceedings. If any procession In condemnation is filed, Truster 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 Truster may be thenominal 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 Truster will deliver or cause to be delivered to Lender such Instruments and ducumentotiun as may be requested by I ender from timd to time to permit such participation. Application df 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 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 attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The fallowing previsions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, 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 Lander in perfect and continue Lender's lien on the Real Property. Trustor 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. Ta s z The lellowlng shall constitute taxes to which this section applies: (11 a specific, tax upon this type of Dead of Trust Or upon all or any part 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 Deed of Trust; (3) a tax on this type of Deed of !rust 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 or principal and interest made by Trustor. Subsequent Taxes. It any tax to which this section applies is enacted subsequent to the date of this Deed 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 preaided helow unless Trustor either 111 pays the tax before it becomes delinquent, or 12) 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 Dead 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 time to 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 Rents and Personal Property. 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 Deed of I cut as a financing statement, Truster shall reimburse Lender fur all expenses incurred it perfertinn or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assumbla any Personal Property not affixed to the Property in a m and at a piece reanably convenient e ent to Trustor and Lander and make it available to Lender within three (31 days after receipt of written demand from Lentler to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Deed of Trust may he. 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 Dead of Trust Further Assurances. At any time, and from time in time, upon request of Lender, Tremor will make, execute and deliver, Or will rause to be made, expected or delivered. to London or to Lender's designee, and when requested by Lender, cause e to be filed, recorded, raffled, 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, henecessary or desirable in order to effectuate, complete. perfect. footnote, or preserve 111 Trustor's obligations under the Note, 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 new owned ar 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. Attomay -lo -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph. Lender may do su for and in the name of Truster and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor 's attorney -in -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 Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise deforms all the obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full recorveyeace 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 reconvoyande fee required by law shall be paid by Toaster, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust Payment Default. Trustor fails to make any payment when due under the Indebtedness.