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<br /> DEED OF TRUST 201009253
<br /> Loan No: 872058061 (Continued) Page 3
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<br /> the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment
<br /> which will be due and payable at tho Credit Agreement's maturity. T-he Deed of Trust also will secure payment of these amounts. The
<br /> rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender stay be entitled on account of
<br /> any default. Any such action by Lender shall not be construed IS curing the default so as to bar Lender from any rernecdy that it otherwise
<br /> would have tied.
<br /> WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br /> Title. Truster warrants that: (a) Trustor holds good arid marketable 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 Rant Property description or in the Existing Indebtedness section below or in
<br /> any title insurance policy, title report, or final title 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 Deed of Trust to Lender.
<br /> Defense of Title. Subject to the exception in the paragraph above:., -Truster warrants and will forever defend the title to the Property
<br /> against the lawful claims of all persons. In the event any action or proceeding is commenced that questions f rustor's title or the
<br /> interest of Trustee or Lender under this Deed of Trust, Trustor Strait defend the action at Truslor's expense. Trustor may be the
<br /> nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding
<br /> by counsel of Lender's own choice, arid 'Trustor will deliver, or cause 1'0 be delivered, to Lender such instruments as Lender may
<br /> request from time to time to permit such participation.
<br /> Compliance With Laws. Trustor warrants that 1110 Property and Thtstcu S use of the Properly complies with all existing applicable
<br /> laws, ordinances, and regulations of governmental authorities.
<br /> Survival of Promises. All promisos, ogreernent.s, and statements 'iruslor has made in this Deed of Trust shall Survive the execution
<br /> and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force acid effect until such time as Truster's
<br /> Indebtedness is paid in full.
<br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Dead of Trust:
<br /> Existing Lien. T-he lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to art existing lien. Trustor
<br /> expressly covenants and agrees to pay, or see to the payment of, the Existing htdehtedness and to prevent any default on such
<br /> indebtedness, any default under the iristrurnents evidencing such indebtedness, or any default under any security documents for such
<br /> indebtedness,
<br /> No Modification. Trustor shall riot enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br /> agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br /> the prior written consent of Lender. Trustor shall neither r0rluest nor accept any future advances under any Such security agreement.
<br /> without the prior written consent of Lander,
<br /> CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br /> Proceedings, If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br /> take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such
<br /> proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br /> choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be 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 or by any proceeding or
<br /> purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br /> to the Indebtedness Or the repair or restoration or the Property. The net proceeds of thn award shall mean the award after payment of
<br /> all reasonable costs, expenses, and attorneys' fees incurred try Trustee or Lender in connection with the condemnation.
<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 Dead of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br /> and take whatever other action is requester) 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 to recording, perfecting or continuing this Deed
<br /> of T rust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br /> Trust.
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific. lax upon this type of Deed of Trust or upon
<br /> all or any part of the Indebtedness secured by this Deed of 'T'rust; (2) a specific tax nn Trustor which Truster is authorized or
<br /> required to deduct from payments en file Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Deed of Trust
<br /> chargeable against the Lender or the holster of the Credit Agreement; arid (4) (a specific lax on all or any potion of the Indebtedness
<br /> or oil 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 Deed of Trust, this event shall
<br /> have the same effect as an Event of Default, and Lender may exorcise any or all of its available remedies for an Event of Default as
<br /> provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the
<br /> Taxes and Liens section and deposits with lender cash or a Sufficient corporate surety bond or ether security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security 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 front tune to time.
<br /> Security Interest. Upon request by Lander, Truster shall take whatever action is re(.loestecd by Lender to perfect arid continue Lender's
<br /> security interest in the Personal Property. In addition to recording this Deed of Trust in the read property records, Lender may, at any
<br /> time and without further aufhori7adon from Trustor, fide executed Counterparts, copies or reproductions of this Deed of Trusl as a
<br /> financing statement. "Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest, Upon
<br /> default, TruStrir -;hall not remove, sever or detach the Personal Property from the Property. Upon default, 1'rustor shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Truster and Lender and snake it
<br /> available to Lender within three (3) days after receipt of written cdentand 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
<br /> interest granted by this Deed of Trust may be obtained (each as required by the Uniform Corurneicial Corte) are as stated on tfre first
<br /> page of this Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. 'T'he following provisions relating to further assurances and attorney-in-fact are a part of
<br /> this Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, `Trustor will make, execute and deliver, or will cause
<br /> to be made, executer) or delivered, to Lender or to Lender's design'e, and whoa requested by lender, cause to be filed, recorded,
<br /> refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender rnay deem appropriate, any and all
<br /> such mortgages, deeds of trust, security deeds, Security agreernonis, financing statements, continuation statements, instruments of
<br /> further assurance, certificates, and other documents as may, in the:, sole opinion of Lender, bn necessary or desirable in order to
<br /> effectuate, complete, perfect, continue, or preserve (1) 1rustor's obligations under 010 Credit Agreement, this Deed of Truqr, arid
<br /> the Related Documents, and (2) the liens arid security interests created by this Deod of (rust on 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 Tender
<br /> for all costs and expenses incurred in connection with the inatlerS refeiredd to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br /> of Trustor and at TrUStor'S expense. I-or such purposes, Trustor hereby irrevocably appoints Lender as Truslor's attorney-in fact for
<br /> the purpose of making, executing, delivering, filing, re cording, and doing all other things as rnay be necessary or desirable, in Lender's
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