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D (Con�t nu dj `� 0 9. 2 017 6� Page 3 <br />of the loan. <br />Applicatlon of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor fails to do so within flfteen (15) days of the casualty. Whether or not Lenders <br />security is impafred, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any Ilen affecting the Property, or the restoration <br />and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or <br />replacz the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonabte cost of <br />repair or restoration If Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed wtthin 180 days after their receipt and which Lender has not committed to the repair or restoration of <br />the Properly shall be used flrst to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds <br />any proceeds efter payment in full of the indebtedness, such proc�eeds shall be paid to Trustor as Trustor's <br />interests may appear. <br />Compllance with Exlating Indebtedma§s. Diiting the period in which any Existing Indebtedness described below is <br />in effect, compliance with the irisurance provisions contained in the instrument evidencing such Existing <br />Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent <br />compliance with the terms of this Deed of Trust would constitute a duplicat(on of insurance requirement. If any <br />proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds <br />shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Properly free of all taxes, liens, security irrterests, <br />encumbrances, and other claims, (B) to provide arry required insuran� on the Property, (C) to make repairs to the <br />Property or to comply with any obligaUon to mairrtain Existing Indebtedness in good stand(ng as required below, then <br />Lender may do so. If any acdon or prooeeding is commern�ed that would materially affect Lender's intere,sts in the <br />Property, then Lender on Tnastor's behalf may, but is not required to, take any acUon that Lender believes to be <br />appropriate to protect Lenders interests. AII expe� ina�rred or paid by Ler�der for such purposes will then bear <br />interest at the rate c�arged under the Note from the date incurred or paid by Lencier to the date of repaymerrt by <br />Trustor. All such expenses will becorr� a part of the Indebtedness and, at Lender's opUon, will (A) be payable on <br />demand; (B) be added to the balanoe of the Note and be apporiioned among and be payable with any installment <br />paymerds to become due during either (1) the term of any applicable ir�suranoe policy; or (2) the remaining term of <br />the Note; or (C) be treated as a ball�n payment which will be due and payable at the Note's matu�ity. The Deed of <br />Trust also will secure paymerrt of these amounts. The �ights provided for in this paragraph shall be in addition to any <br />other rights or any �serr�edies to which Lender may be entitled on acc�unt of any default Any such actlon by Lerxler <br />shall not be construed as curing the default so � to bar Lender from any remedy that it othervvise would have had. <br />WARRANTY; DEFENSE OF T1TLE. The following provisions relating to ownership of the Property are a part of this Deed <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or fn the <br />Existing Indebtedness section below or in any title insurance policy, title report, or flnal title opinion (ssued in favor <br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Tttle. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is cor�menced <br />that questions Yrustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the <br />action at Trustors expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own chofce, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such participation. <br />Compllance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all <br />existing applicable laws, ordinances, end regulatfons of govemmental authorities. <br />SurvNal of Promises. All promises, agreemeMs, and statements Trustor has made in this Deed of Trust shall <br />survive the executlon ar�d delNery of this Deed of Trust, shall be continuing in nature and shall remaln in full force <br />and effect until such Ume as Tn.istor's Indebtedness is pafd in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The Ifen of this Deed of Trust securfng the Indebtedness may be secondary and infe�(or to the Iien <br />securing payment of an existing obligation. The existing obligatlon has a current p�incipal balance of approximately <br />$38,934.00. The obligation has the following payment terms: $980.00 per Month. Tn.istor expressly covenants <br />and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />fndebtedness, any default under the instruments evidencing such indebtedness, or any default under any security <br />documents for such indebtedness. <br />No Modiflcation. Trustor shall not enter (nto any agreement with the holder of any mortgage, deed of trust, or <br />other security agreement which has priority over this Deed of Trust by which that agr�ment is modified, <br />amended, extended, or renewed without the p�ior written consent of Lender. Trustor shall ne(ther request nor <br />accept any future advances under any such secuMty agreement 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 any proceeding in condemnation is flled, Trustor shall prompUy noUfy Lender in writing, and <br />Trustor shall prompUy take such steps as may be neoessary to defend the acUon ar�d obtain the award. Trustor <br />may be the nominal party in such prooeeding, but Lerider shall be enUUed to part(cipate in the prooeeding ar� to be <br />represented in the proc�eeding by c:ounsel of its own choioe, and Trustor will deliver or cause to be deUvered to <br />Lender such insYruments and da�mentadon ffi may be requested by Lender from time to Ume to permft such <br />partiGpatlon. . . . <br />AppllcaUon of Net Proceeds. If alt or any part of the Property is condemned by eminerrt domain pra�edi�s or by <br />any proc�eeding or purc�ase in lieu of condemnation, Lender may at its etection require that all or any portion of the <br />net prooeeds of the award be applied to the Indebtedness or the repafr or restoration of the Property. The net <br />prooeeds of the award shall mean the award after paymerrt of all reasor�able costs, exper�ses, and attomeys' fees <br />incurred by Trustee or Lender in connectlon with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIE3. The following provisions relat(ng <br />to govemmental taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fe� and Charges. Upon request by Lender, Trustor shall execute such documents in addition to <br />this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's Uen on <br />the Real Property. Trustor shail reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, <br />documentary stamps, and other charges for recording or registe�ing this Deed of Trust. <br />