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20loooo7i DEED OF TRUST Loan No: 872p57809 (Continued) Page 3 stipuletlons that wvaragas will not 6a cancelled or diminished without at least tan (10) days prior written notice to Lender. F~Ch insurance policy also shall InGude an endorsement providing that coverage In favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a spacial flood hazard area, Trustor agrees to obtain and maintain Federal Floyd Insurance, If available, for the maximum amount of Trostols credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the farm of the loan. Application of Proceeds. Trustor shah promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration end repair of the Properly. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Loader has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indettedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall ba paid to Trustor es Trustor's Interests may appear. LENDER'S EXPENDITURES. IF Trustor fails (A) to keep the Property free of alt taxes, liens, security interests, encumbrances, and other GaimS, (B) to provide arty required ir~xaroe on the Property, or (C) tp make repairs tp the Prioperty then Lander may do so. If any action ar proceeding is corrxrterxxid that would rrtafariaNy affect Landers interests in the Properly, then Lender on Trustpr•s behalf may, but is not requirod to, take any action that Carter 6elfavas to be appropriate to protect Lenders interests. AN expanses Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Gredlt Agreement from the data incurred or paid by Lander to the date of repayment by Truster. All such expenses will become a part pf the Indebtedness and, at Lender's option, will (A) be payable on demand; (g) 6a added to the balance pf the Credit Agreement and be appdrfionad arrxmg and be payable with any Installment payments to became due dunng either (1) the term of any applicable Insurance policy; or (2) the remaining terra of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's matunty. The Deed of Trust also wilt secure paymem of these amounts. The rights provided for in this paragraph shall be in addltipn to any other rights pr any remedies to which Lender may be entitled pn account of any default. Any such action by Lender shall not ha construed as curing the default 9p aS to bar Lender from any remedy that It otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this heed of Trust Title. Trustor warrants that• (a) Truster hdds good and marketable title pF record to the leasehold interest in the Property pursuant to the Lease, free and dear of aN liens end encumbrances other than those set forth in the Heal Property description or in any title insurance poicy, title report, or final title opinion issued in favor of, and accepted by, Lender In connection with this bead of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of aN parsons. In the avant any action or proceeding is commenced that questions Truslor's title or the interest of Trustee or Lander under this Deed of Trust, Trustor shall defend the action at Truslpr's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled tp participate In the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments es Lander may request from time to time to permit such participeGon. Compllanca With Laws. Trustor warrants that the Property and TlVStors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival Of Promises. All promises, agreements, and statements Trustor has made In this Daed of Trust shall survive the execution and delivery of this Deed of Trust, shall ba continuing In nature arld shall remain In full fprCe and effect until sunk time as Trostors Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding In caiderrnatk)n 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. Trustor may be the nominal party in such proceeding, but Lander shall be entitled to participate in the proceeding and to ba represented in the proceeding by counsel Of Its own choice, and Trustor will deliver or cause to be delivered to Lendersuch instruments and documentation as may ba requested by Lender from lima to time tp permit such perticipatlon. Application of Nat Proeeeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds pf the award be applied to the Indebtedness or the repair or restoration of the Property. Tha net proceeds of the award shall mean the award after payment of all reasonable costs, expanses, and attorneys' fees incurced by Trustee or Lerxler in cnnnectbn with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Currant Texas, Fees and Charges. Upon request by Lender, Trustor shall execute such documents In addition to this Deed of Trust and lake whatever ether action Is requested by Lender tp 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, perfecgng or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Daed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) 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 Trust chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxss. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this avant shall have the same effect as an Evem of Default, and Lender may exerdse any or all of its available remedies for an Evert of DefauN as provided below unless Trustor either (1) pays the tax before it becgrries delinquent, or (2) contests the tax as provided atxrve in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this heed of Trust Security Agreement. This instrument shall Constitute a Security Agreement tp the extent any of the Property constltules fixtures, and Lender shall have all of the rights of a secured party under iha Uniform Commerdal Coda as amended from time to time. Security Interest. Upon request by Lender, Trustor shall take whatever action Is requested 6y Lender to perfect end continua Lender's security interest In the Personal Property. In addition to recording this Deed pf Trust In the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies nr reproducfions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incuned in perfecting or continuing this security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably ppnvenlent to Trustor and Lender and make it available to Carrier within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information conceming the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Gommerolal Code) are as stated on the first page of this Deed of Trust.