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201005559 rate equal at all times to ~% per annum above the Beneficiary's "CoBank Base Rate.." I'or purposes hereof, the CoBank Base. Rate shall mean the rate of interest established by the. Beneficiary from time to time as its CoBank Base Rate, which rate is intended by the Beneficiary to be a reference rate and not its lowest rate. All such advances and accrued interest shall be secured by this Deed of Trust. Section 3.10. Further Assurances. Upon the request of the Beneficiary, the Grantor shall promptly do all acts and things, including the execution, acknowledgment and delivery of such amendments thereto and other instruments and documents as the Beneficiary may request, to enable the Beneficiary to perfect and maintain the lJien of this Deed of Trust and/or the Beneficiary's rights and remedies hereunder. The Grantor shall notify the Beneficiary promptly upon the acquisition of any fee or leasehold estate in real property and, to the extent required. under the Credit Agreement; shall execute and record such amendments or supplements to this Deed of Trust ar other documents or instruments as are necessary or appropriate to subject such real property to the Lien of this Deed of Trust and shall deliver such executed and recorded amendments or supplements or other documents or instruments to the Beneficiary. In the event the.Grantor fails to take any action required under this Section 3.10, the,Bcncficiary may take any such action and make, execute and record any such instruments and documents for and in the name of the Grantor, and the Grantor hereby irrevocably appoints the Beneficiary as its attorney- in-fact to take such actions, which appointment is coupled with an interest and irrevocable. Section 3.11. Condemnation, Etc. (A) "1'he Grantor hereby irrevocably assigns to the Beneficiary any award or payment which becomes payable to the Grantor by reason of any taking of the "Trust Estate, or any part thereof, whether directly or indirectly or temporarily or permanently, in or by condemnation or other eminent domain proceedings (hereinafter called a "Taking"). Forthwith upon receipt by the Grantor of notice of the institution of any proceeding or negotiations for a Taking, the Grantor shall give notice thereof to the Beneficiary. The Bericficiary may appear in any such proceedings and participate in any such negotiations and may be represented by counsel. "The Grantor, notwithstanding that tk~e Beneficiary may not be a party to any such proceeding, shall promptly give to the Beneficiary copies of all notices, pleadings, judgments, determinations and other papers received by the Grantor therein. The Grantor shall not enter into any agreement permitting or consenting to the taking of the Trust Estate, or any part thereof, or providing for the conveyance thereof in lieu of condemnation, with anyone authorized to acquire the same in condemnation or by eminent domain unless the Beneficiary shall first have consented thereto in writing. . (B) All Taking awards shall be paid to the Beneficiary, which rrtay, at its option, apply them, after first deducting the Beneficiary's expenses incurred in the collection thereof, to the payment of the Obligations, whether or not due and in such order of application as the Beneficiary may determine; or to the repair ar restoration of the Trust Estate, in such manner as the Beneficiary may determine. 10