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DEED OF TRUST <br />Loan No: 101250646 (Continued) <br />��120�1`0�� <br />Page 4 <br />interest, end 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 peid to Trustor as Trustor's <br />interests may appear. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furn(sh <br />to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks <br />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiretion dete of the policy. Trustor shell, upon <br />request of Lender, have an independent appraiser satisfectory to Lender determine the cash velue replecement cost <br />of the Property. <br />LENDER'S EXPENDITURES. If eny action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Releted Documents, including <br />but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to d(scharge or pey <br />under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligeted to) take <br />eny action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security <br />interests, encumbrances and other claims, at any time levied or placed on the Properry and paying ell costs for insuring, <br />maintalning and preserving the Property. All such expenditures incurred or paid by Lender for such purposes w(II then <br />beer interest et 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 e part of the Indebtedness and, at Lender's option, wtll (A) be peyable on <br />demand; (BI be added to the balance of the Note and be apportioned among end be payable with eny installment <br />payments to become due during either (1) the term of any appliceble insurance pol(cy; or (2) the remaining term of <br />the Note; or (C) be treated as a belloon peyment which will be due and payable at the Note's maturity. The Deed of <br />Trust also will secure payment of these amounts. Such right shall be in addition to aIl other rights and remedies to <br />which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere e part of thia 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 encumbrences other than those set forth in the Real Property description or in any <br />title insurance polfcy, title report, or final title opinion issued in favor of, and eccepted by, Lender in connectfon <br />with this Deed of Trust, and (b) Trustor hes the full right, power, end authority to execute end deliver this Deed of <br />Trust to Lender. <br />Defense of Title. Subject to the exceptfon in the paragraph ebove, Trustor warrants end will forever defend the <br />title to the Properry egefnst the lawtul cleims of all persons. In the event any ection 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 />ection at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender ahall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, end <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to parmit such part'icipation. <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 governmental authorities. <br />Survival of Representadons and WarranUes. All representations, warranties, and agreements made by Trustor fn <br />this Deed of Trust shell survive the execution and delivery of th(s Deed of Trust, shall be cont(nuing in nature, and <br />shall remain in full force and effect until such time as Trustor's Indebtedness shall be paid in full. <br />CONDEMNATION. The following provlslons relating to condemnetion proceedings are e pert of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, end <br />Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor <br />may be the nominal perry in such proceeding, but Lender shell be entitled to participete in the proceeding and to be <br />represented (n the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to <br />Lender such fnstruments and documentation as may be requested by Lender from time to time to permit such <br />participation. <br />Applicetion of Net Proceeds. If all or any part of the Property is condemned by em(nent domain proceedings or by <br />any proceeding or purchase fn lieu of condemnation, Lender may at fts election requ(re thet all or any portion of the <br />net proceeds of the award be applied to the Indebtedness or the repair or restoretion of the Property. The net <br />proceeds of the award shell mean the award after payment of all reasonable costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender ln connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating <br />to governmental taxes, fees and charges are a pert of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute auch documents in addition to <br />this Deed of Trust end take whatever other action is requested by Lender to perfect and continue Lender's lien on <br />the Real Property. Trustor shall reimburse Lender for ell taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all texes, fees, <br />documentary stamps, and other charges for recording or registering this Deed of Trust. <br />