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` DEAD DF TRUST 2 010 0 6 6 3 7
<br />loan No: 872O58p37 (Cpntinued) Page 3
<br />balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either I1)
<br />the term of any applicable insurance policy; <)r 121 the remaining terra of the Credit Agreement; or ICI he treated as a balloon payment
<br />which will be due and payable at the Credit Agreement's maturity. The Decd of Trust also will secure payrnertt of these amour]ts. The
<br />rights provided for in this paragraph shall he in addition to any other rights or any remedies to which Lender may he entitled on account of
<br />any default. Any such action by Lender shall not be construed as curing the default. se as to bar Lender from any remedy that it otherwise
<br />would have had.
<br />WARRANTY; DEFENSE OF TITLE. -I"he following provisions relating to ownership of the Property are a part of this Deed of -Trust
<br />Title. Trustor warrants that: lal Trustor holds geed and rnarketahle title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section belc)w or in
<br />any title insurance policy, title report, or Tinal titae opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this peed of Trust to Lender.
<br />Defense of Title. Subject tv the exception in the paragraph above, Trustor warrants and will forever defend t:he title to the Property
<br />against the lawful claims of all persons. In the event any action nr proceeding is commenced that questions '1"rustor's title or the
<br />interest of Trustee or Lender under this [7eed of Trust, Trustor shall defend the action at Trustor's expense. 1Yustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to he represented in the pror•.eeding
<br />by counsel <)( L_ender's own choice, and Trustor will deliver, or r.ausn to be delivered, to Lender such instruments as Lender may ,.. _..w,
<br />request from time to tune to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Dead of Trust shall survive the exer.ution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such tune as Trustor's
<br />Indebtedness is paid in full.
<br />EXISTING INDEBTEDNI=SS. The following provisions ront:erning Existing Indebtedness are a part of this Deed of Trust'
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default trader the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />Nv Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or vtl]er security
<br />agreement which has priority over this Deed of Trust by which that ayreernent is modified, amended, extended, or renewed v.~ithout
<br />the prior written consent of Lender. Trustor shall neither request nor accept arty future advances under any sur.h set"unity agreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If arty proceeding in condemnation is filed, 'Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take SIICh steps as may be necessary to defend the action and obtain the award. Trustor may t)e t:he nominal party in such
<br />proceeding, but Lender shall he entitled to participate in the proceeding and to he represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may he requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings er by any proceeding or
<br />purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds of the award he applied
<br />to the Indebtedness or the repair or restoration of the Property. 1 he net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the cnnrlernn.atiun.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Derd of Trust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, inn"luding without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this C)eed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of f~eeci of Trust or upon
<br />all or any part of the Indeht:edness secured tty this Deed of Trust; (?_) a specific tax on Trustor which Trustor is authorizr*rl or
<br />required to deduct from payments on the Indebtedness secured try this type of Ueed of Trust; 13) a tax on this type of Deed of Trust
<br />chargeable against the Lender or the holder of the Credit Agreement; and I4) a specific tax on all or any portion of the Indebtedness
<br />er on payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Geed of Trust., this event. shall
<br />have the lama effect as an Event of Uefault, and Lender may exorcise any or all of its available remedies for an Event of Drtfault as
<br />provided below unless Truster either I1) pays the tax before it becomes delinquent, or I2) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient r,erporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a stcurity agreement are a
<br />part 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
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from 1.irne to tune.
<br />Security Interest. Upon requast by Lender, Trustor shall take whatever ar,tion is requested by Lender to perfect artd continue Lender's
<br />security interest in the Personal Property. In addition to recording tt]is Deed of T"rust in the rail property records, Lender may, at any
<br />time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of lYust as a
<br />- - -fii~ncing-statement.-Trustor shaft reimburse Lender for all axpen5es incurred in po~fectinA_or r..ontinuing tills sPCllrlry interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and af. a place reasonably convenient to Trustor and Lender and make it
<br />available to Lender within three I3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />Addresses. 'The mailing addresses of Trustor Idebror- and Lender (secured party) from which information concerning the security
<br />interest granted by this peed of Trust may be obtained leach as required by the Uniform Cornrnercial Code) are as stated on the first
<br />page of this heed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any tune, and from time to time, upon request of Lender, Trustor will make, exer,ute and deliver, or will cause
<br />to ho made, executed or delivered, to Lender or to Lender's designee, and whet] requested 1]y Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and In SUCI] OfflCes and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, SP"CUflty deeds, security agreements, financing stateme"nls, c:nntinuation statements, instrumants of
<br />further assurance, certificates, and other dor•.uments as may, in the sole opinion of Lender, he necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve I1) T7ustor's obligations under the Credit Agreement, this Ueed of 7 rust, and
<br />the Related Documents, and I2) the liens and security interests created by this Ueed of 'Trust vn the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurred in connection wish the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things refermd to in the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints t"ender as Trustnr's attorney-in-fact for
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