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DEED OF TRUST 200214567
<br />Loan No: 1633460 (Continued) Page 3
<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 to the
<br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br />reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lander in connection with the condemnation.
<br />IMPOSITION OF TMES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental reins,
<br />fees and charges are a pan of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Reel Property. Trustor shall reimburse Lender
<br />f" all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including
<br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute laves to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all m any
<br />pan of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from
<br />payments on the Indebtedness assured by this type of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender
<br />or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness of an payments of principal and Interest made by
<br />Tmstar.
<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 have the
<br />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
<br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contesh the lax as provided above in the Texas and Liens
<br />section and deposits with Lender cash or a sufficient coroorete 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 part
<br />of this Dead of Trust:
<br />Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes futures, and Lender
<br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from Mme to time.
<br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action Is requested by
<br />Lender to perfect and continue Lenders security interest in the Personal Property. In addition to recording this Dead of Trust In the real
<br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions
<br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses Incurred In perfecting or confinuillg this
<br />secunty interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor
<br />shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand hoer Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) ham which information concerning the security interest
<br />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
<br />Dead of Trust.
<br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and etlorneyarfact are a pert of this
<br />Dead of Trust:
<br />Further Aeeumnoes. At any time, and from lime to lime, upon request of Lender, Trustor will make, execute and deliver, or will mum to bit
<br />made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refired, or
<br />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,
<br />deals of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance,
<br />certificates, and other documents as may, in the sole opinion of Under, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trusto's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and
<br />security Interests created by this Dead of Trust ea first and prior liens on the Property, whether now owned or hereafter acquired by Truster.
<br />Unless prohibited by law or Lender agrees to the contrary in writing, Trust" shall reimburse Lender for all costs and expenses Incurred In
<br />connection with the matters referred to In this paragraph.
<br />Aftorney -in-Faa. 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
<br />Trustor and at Trusters expense. For such purposes, Trustor hereby inevooably appoints Lender as Trusters aftorneryyn -fad for the
<br />purpose of making, executing, salivating, filing, retarding, and doing all other things as may be necessary or desirable, in Lenders sole
<br />opinion, to accomplish the matters referred to In the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trust" under
<br />this Dead of Trust, Lentler shall execute and deliver to Trustee a request for full reconveyanoe and shall execute and deliver to Trustor suitable
<br />statements of termination of any financing statement on file evidencing Lenders security interest In the Rents and the Personal Property. Any
<br />reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Under's option, Trustor will be In default under this Dead of Trust tl any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Break Other Prommes. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly In the manna
<br />provided in in* Deed of Trust or in any agreement related to this Dead of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condifion contained in this Dead of Trust, the Note or in
<br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this
<br />Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) If Trust", after Lentler
<br />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
<br />(15) days, immediately Inimms steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary slaps
<br />sufficlent to produce compliance as soon as reasonably practical.
<br />Default on Other Payments. Failure of Trust" within the time required by this Dead of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of "to effect discharge of any lien.
<br />Default In Favor of Third Pantos. Should Trustor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Truslors property or Trusters
<br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents.
<br />Felae Statements. Any representation or statement made or furnished to Lender by Trust" of on Trustors behalf under this Dead of Trust
<br />"the Related Documents is false or misleading in any material respect, ether now of at the time made or furnished.
<br />Defective Collaterdizallon. This Deed of Trust or any of the Related Documents creme to be In MI force and effect (including failure of any
<br />collateral document to create a valid and perfected security interest of lien) at any fine and for any mean.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver f" any pad of Trustors property, any
<br />assignment for the benefit of creditors, any type of credit" workout, or the commencement of any proceeding under any bankruptcy a
<br />insolvency laws by or against Trustor.
<br />Taring of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property In which
<br />Lender has a lion. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, ff Trustor disputes In good
<br />faith whether the claim an which the taking of the Property Is based is valid or reasonable, and if Truslor gives Lender written notice al the
<br />claim and furnishes Lender with monies or a surety bond satisfactory to Lender to eafisty the claim, then this default provision will not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trust" and Lender that Is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other
<br />obligation of Trustor to Under, whather eltUeflg now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
<br />of any of the Indebtedness or any guarantor, endorser, Surety, or accommodation party dies or becomes Incompetent, a revokes or disputes
<br />the validity of, a liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be
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