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<br />200702025
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<br />10. Protection of Security. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust, or if
<br />any action or proceeding is commenced which does or may adversely affect the Trust Property or the interest of Trustor or
<br />Beneficiary therein or the title of Trustor thereto, then Beneficiary, at its option, may perform such covenants and agreements,
<br />make such appearances, defend against and investigate such action or proceeding and take such other action as Beneficiary
<br />deems necessary to protect its interest including, but not limited to, disbursement of reasonable attorney fees and entry upon
<br />the Trust Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this paragraph 10, disbursed by
<br />Beneficiary pursuant to this paragraph 10, with interest thereon, shall constitute Indebtedness of Trustor secured by this Deed
<br />of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be payable upon notice from
<br />Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the default rate, if
<br />any, set forth in the Note, or otherwise at the highest rate permitted by law. Nothing contained in this paragraph shall require
<br />Beneficiary to incur any expense or take any action hereunder. Trustor irrevocably authorizes and empowers Beneficiary to
<br />enter upon the Trust Property as Trustor's agent and, in Trustor's name or otherwise to perform any and all covenants and
<br />agreements to be performed by Trustor as herein provided. Beneficiary shall, at its option, be subrogated to any
<br />encumbrance, lien, claim or demand and to all right and securities for the payment thereof paid or discharged by Beneficiary
<br />under the provisions hereof and any such sUbrogation rights shall be additional and cumulative security for this Deed of Trust.
<br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Trust Property, or any part thereof, or for conveyance in lieu of or in anticipation of
<br />condemnation, are hereby assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with
<br />due diligence, its claim for any such award or payment, and will cause the same to be collected and paid to Beneficiary, and,
<br />should it fall to do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file,
<br />prosecute, settle or compromise any such claim and to collect, receipt for and retain the proceeds. If the Trust Property is
<br />abandoned by Trustor, or, after notice by Beneficiary to Trustor that the condemnor offers to make an award or settle a claim
<br />for damages, Trustor fails to respond to Beneficiary within thirty (30) days after the date such notice is mailed, Beneficiary is
<br />authorized to collect and apply the proceeds in the manner indicated herein. The proceeds of any award or claim may, after
<br />deducting all reasonable costs and expenses, including attorney fees, which may have been incurred by Beneficiary in the
<br />collection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to restoration of Trust Property, or
<br />applied to the payment of the Indebtedness. Unless Beneficiary and Trustor otherwise agree in writing, any such application
<br />of proceeds to Indebtedness shall not extend or postpone the due date of the Note or the payment of any installments called
<br />for thereunder.
<br />12. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Indebtedness granted by
<br />Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and
<br />Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse
<br />to extend time for payment or otherwise modify amortization of the Indebtedness by reason of any demand made by Trustor
<br />and Trustor's successors in interest.
<br />13. Financial Information. Upon request of Beneficiary, Trustor will provide to Beneficiary, within ninety (90) days of the close of
<br />each fiscal year of Trustor, the consolidated balance sheet and statement of earnings of Trustor and any and all guarantors of
<br />the Indebtedness secured hereby, if any, and will provide and deliver to Beneficiary such other financial information and in
<br />such manner as Beneficiary may reasonably request from time to time.
<br />14. Financial Covenants. In addition to any other financial covenants of Trustor made in any other agreement, instrument or
<br />document, Trustor shall comply with and shall cause any and all guarantors of the Indebtedness secured hereby to comply
<br />with, or be in compliance with, the following financial covenants: (This paragraph shall not apply it covenants and
<br />requirements are not set forth herein.)
<br />15. Schedule of Leases. Within ten (10) days after demand, Trustor shall furnish to Beneficiary a schedule, certified to by Trustor,
<br />setting forth all leases of the Trust Property, or any portion thereof, including in each case, the name of the tenants or
<br />occupants, a description of the space occupied by such tenant or occupant, the rental payable for such space, and such other
<br />information and documents with respect to such leases and tenancies as Beneficiary may reasonably request.
<br />16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or
<br />indirectly, with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now or
<br />hereafter in existence:
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur
<br />which would occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal
<br />provisions therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee
<br />thereunder, which would have the effect of impairing the value of the lessor's interest thereunder or the property subject
<br />thereto, or of impairing the position or interest of Beneficiary therein, or
<br />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues,
<br />profits issuing or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder; and to the extent
<br />permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation
<br />secured hereby and any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies
<br />contained herein.
<br />18. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the Note
<br />secured hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest
<br />to any and all monies depOSited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility
<br />company, and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to
<br />the Trust Property.
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and all rights and privileges under the laws
<br />of the state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of
<br />Beneficiary's right to accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy
<br />under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
<br />bind, and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All
<br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided
<br />for in this Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at
<br />its mailing address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provided
<br />herein, and (b) any notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's
<br />and Trustee's mailing address stated herein or to such other address as Beneficiary or Trustee may designate by notice to
<br />Trustor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Trustor,
<br />Beneficiary or Trustee when given in the manner designated herein.
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