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� Loan Na: 872Q58133 DE�D OF TRUST 2Q��09447 (Con#inued) Page 3 for division of proceeds shall apply only to that portion of the proceeds not payable to the holder nf the Existing Indebtedness. LENDER'S EXPENbITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, ser,urity interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good stending as required below, then Lender may do so. If any action or proceeding is r,ornmenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take sny action that Lender believes ta be appropriate to protect Lender's interests. All expenses inr.urred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender ta the date of repayment by Trustor. All such expenses will become a part af the Inde6tedness and, at Lender's option, will (A� be payable on demand; (B) be added to the balance of the Credit Agreement and 6P apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining tPrm of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The beed of Trust also will secure payment of these amounts. The rights provided for in this paragreph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE, The following provisions relating to ownership pf the Property are a part of this Deed af Trust: Title. Trustor warrants that: (a) Trustor holds good and marketable title of record ta the Prnperty in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness sectipn below br in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, powar, and authori#y to execute and deliver this [7eed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustvr warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any ar.tion pr proceeding is commenced that questions 7rustor's title pr the interest of Trustee or Lender under this beed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but lender shall be entitled to 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 as Lender may request from time to time to permit such participation. Compliance With Laws, Trustor warrants that the Property and Trustor's 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 peed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full fnrce and effect until such time as Borrower's Indebtedness is paid in full. EXISTING IND�BTEDNESS. 7he following provisians concerning Existing IndebtednPSS are a part of this beed nf ?rust: Existing I.ien. The lien of this Deed of Trust securing the Indebtedness mey be secondary and inferior tn an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the �xisting Inde6tedness and to prevent any default on such indebtedness, any default under #he instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Madification. Trustor shall not enter into any egreement with the holder of any mortgage, deed pf trust, or other security agreement which has priority over this beed of Trust by which that agreement is modified, amended, extanded, or renewed without the prior written consent of Lender. Trustpr shall nPither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following prnvisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such s#eps as may be necessary to defend the action and obtain the award, Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel nf its own choica, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Procaeds. If all or any part of the Property is condemned by eminent domain proceedings nr by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds vf the award be applied to the Indebtadness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or La.nder in connection with the condemnation. IMPQSITION pF TAXES, FEES AND CMARGES BY GOVERNMENTAL AU7HORITIES. The following provisions relating to governmental taxes, fees and charges sre a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such dncuments in additian to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lendsr for all taxes, as described below, together with all expenses inr.urred in recording, perfecting or continuing this beed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of 7rust. Taxas. The tollowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of beed of 7rust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Peed of Trust; (3) a tax on this type of Deed of ?rust chargeable against the Lendar 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 Borrower. Subsaquent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of pefault, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1► pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfar,tory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Peed nf 7rust as a sacurity agreement are a part of this beed of Trust: 5ecurity Agreement. This instrument shail constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have ali of the rights of a secured party under the Uniform Commercial Code as amended irom time to time. Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property, In addition to recording this �eed of Trust in the real property records, Lender may, at any time and without further authorization from Trustvr, tile executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon defauit, 7rustor shall assemble any Personal Property nat affixed to the Property in a manner and at a place reasanably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addressas. The mailing addresses of Trustor (debtvr) and Lender (secured party) from which information concerning the security interest granted by this beed of Trust may be obtained (each as required by the Uniform Gommercial Code) are as s#aced on the first page of this beed of Trust. FURTHER ASSURANC�S; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact era a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request af Lender, Trustor will make, execute and delivPr, or will cause to be made, executed or delivered, to Lender or ta Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lenc�er rt�ay, deem appropriate, any and all . 9 .