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DEED OF TRUST
<br />Loan No: 1450435 (Continued)
<br />200113116 Page 3
<br />deliver or cause to be del'nerad to Lender such instruments and documentation as may be requested by Lender from time to lime to permit
<br />such participation.
<br />Application of Net Proceeds. It 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 eiection require that all or any portion of the net proceeds of the award be applied to the
<br />lndebledness 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 incun•ed 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 taxes,
<br />fees and charges are a part of this Deed of Tryst:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Truslor shall execute such documents in addition to this Deed of Trust and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Truster shall reimburse Lender
<br />for all taxes, as described below, together with ail 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 taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any
<br />part of the Indebtedness secured by this Deed of T=I—, (2) a specific tax on Truster which Trustor is authorized or required to deduct from
<br />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
<br />or the holder of the Note; and (4) a specific lax on all or any portion of the indebtedness or on payments of principal and Interest made by
<br />Trustor.
<br />Subsequent Taxes. If ar,y tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shalt 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 Trustcr either (1) pays the tax before it becomes delinquent, cr (2) contests the tax as provided above in the Taxes and Liens
<br />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 part
<br />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 Lender
<br />shalt have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon reauesl by Lender, Trustor shall execute financing statements and take whatever other action is requested by
<br />Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real
<br />property records, Lender tnay, at any time and without further authorization from Truslor, 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 contnuing this
<br />security 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 from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from 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 />Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this
<br />Deed of Trusl:
<br />Further Assurances. At any lime, and from lime to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be
<br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, 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 />deeds of trust, security deeds, security agreements, financing stataments, continuation statements, instruments of further assurance,
<br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
<br />continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and
<br />security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br />law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br />matters referred to in this paragraph.
<br />Attorney- 4r -7act. 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 arc'. Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lend.-r as Trustor's attorney -in --fact for the
<br />rut-pose cf r:, ,�ing, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br />opinion, to a.: )mplish the matters referred to in the preceding paragraph.
<br />FULL PERFORk. :!kNCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truslor under
<br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable
<br />statements of Termination of any financing statement on file evidencing Lender's 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 DEFAIJt_T. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Break Other Promises_ Trustor breaks any promise made to Lender or falls to perform promptly at the time and strictly In the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed 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 Ihis
<br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Larder
<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 initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
<br />sufficient to produce compliance as soon as reasonably practical.
<br />Defa ull on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default In Favor of Third Parties. 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 Trustor's property or Trustor's
<br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under ihts Deed of Trust
<br />or the Related Documents is false or misleading in any material respect, either now or at the lime made or furnished.
<br />Defective Collaleralization. This Deed of Trust or any of the Related Documents ceases to be In full force and effect (including failure of any
<br />collateral document to create a valid and perfected security Interest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br />Insolvency laws by or against Trustor.
<br />Taking of the Property. Ary creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which
<br />Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor disputes in good
<br />faith whether the claim on which the taking of the rroperty is based is valid or reasonable, and if Truslor gives Lender written notice of the
<br />claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy 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 Trustor and Lender that is not
<br />remedied within any grace period provided therein, Including without limitation any agreement concerning ¢hy Indebtedness or other
<br />obligation of Trustor to Lender, whether existing now or later.
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