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DEED OF TRUST <br />(Continued) 2 p� 2 0�� 6� Page 3 <br />sec.urity is impaired, Lender may, at Lender's election, receive and retain the {�roceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any Uen 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 />replace 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 reasonable cost of <br />repair or restoratlon if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 1 SO days after their receipt and which Lender has not committed to the repair or restoration of <br />the Property shall be used first 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 after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's <br />interests may appear. <br />Compliance with Existing Indebtedness. During the period in which any 6cistlng Indebtedness described below is <br />in effect, compliance with the insurance provisions contained in the instrument evidencing such ExisUng <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 constltute a duplication of insurance requirement., If any <br />proceeds fram the insurance become payable on loss, the provisions ir this Deed of Trust for division of proceeds <br />shall apply only fo that poition of the proceeds not paya6le to th�e holder of the Existing Ini�ebtedness: <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, <br />encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the <br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then <br />Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by <br />Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on <br />demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment <br />payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of <br />the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of <br />Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any <br />other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender <br />shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownershiq,of the Property are a part of this Deed <br />of Trust: <br />Title. Trusto[ warcants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all Ifens and encumbrances other than those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued 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 Title. 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 commenced <br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the <br />action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entiUed to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and <br />Trustor will deliYer, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such participaUon. � � <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all <br />existing applicable laws, ordinances, and regulations of govemmental authoriUes. <br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall <br />survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force <br />and effect until such time as Trustor's Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. Tha following provisions conceming Existing Indebtedness are a part of this Deed of Trust: <br />ExlsHng Llen. The lien of this Deed of Trust securing the Indebtedness may be secondary and irrferior to the lien <br />securing payment of an existing obligation. The existing obligatlon has a current principal balance of approximately <br />$107,293.00. The -obligation has the following payment terms: $1,292.00 per Month. Trustar expressly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on <br />such indebtedness, any defauk under the instruments evidencing such indebtedness, or any default under any <br />security documents for such indebtedness. <br />No Modiflcation. Trustor shall not enter into any agreement with the holder of any mortgage, deed o# trust, or <br />other security agreement which has priority over this Deed of Trust by which that agreement is modfied, <br />amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor <br />accept any future advances under any such security 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 filad, Trustor shall promptly notify Lender in writing, and <br />Trustor shall prompUy take such steps as may be necessary to defend the action and obtain the award. Trustor <br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to <br />Lender such instruments and documentation as may be requested by Lender from time to Ume to permit such <br />participaUon. <br />Applicatlon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in lieu ofi condernnaUon, Lendermay at its election require that aN or anyportion of the <br />net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net <br />proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating <br />to govemmental taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shali execute such documents in addition to <br />this Deed of Trust and take whatever other action is requested by Lender to pertect and continue Lender's lien on <br />the Real Propetty. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, pertecUng or conUnuing this Deed of Trust, including without limitation all taxes, fees, <br />documentary stamps, and other charges for recording ar registering this Deed of Trust. <br />Taues. The following shall constitute taxes to which this section applies: (1) a specific tax upon' this type of <br />Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specfic tax on <br />Trustor which Trustor is authorized or required:to deduct from payments on the Indebtedness secured by this type <br />