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<br />DEED OF TRUST
<br />Loan No: 101250328 (Continued)
<br />�01�023�3
<br />Page 4
<br />compliance with the terms of this Deed of Trust would conatitute a duplication of insurence raquirement. If any
<br />proceeds from the insurance become payeble on loss, the provisions in this Deed of Trust for division of proceeds
<br />shall apply only to that portion of the proceeds not peyable to the holder of the Existing Indebtedness.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a yeer, Trustor shall furnish
<br />to Lender e 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 velue of such
<br />property, and the manner of determining that value; and (5) the expiration date of the policy, Trustor shall, 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 any 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 Related Documents, including
<br />but not limited to Trustor's feilure to comply with any obligation to maintain Existing indebtedness in good stending as
<br />required below, or to discherge or pay when due any amounts Trustor is required to discharge or pay under this Deed af
<br />Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligeted to) take any action thet
<br />Lender deems appropriate, inciuding but not limited to discharging or paying ell taxes, liens, security interests,
<br />encumbrances and other claims, at eny time levied or placed on the Property and paying all costs for insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
<br />bearinterest 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 e part of the Indebtedness and, et Lender's option, will (A) be payable on
<br />demand; (B) be added to the balence of the Note and be apportioned among and be payable with eny installment
<br />payments to become due during either (1) the term of any applicable insurence policy; or (2) the remaining term of
<br />the Note; or (C) be treated es a balloon payment which will be due and payabie at the Note's maturity. The Deed ot
<br />Trust also will secure payment of these amounts. Such right shall be in addition to all other rights end remedies to
<br />which Lender may be entitled upon Defeult.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to awnership of the Property are a part of this Deed
<br />of Trust:
<br />Tkle. Trustor warrants that: fa) Trustor holds good and marketeble 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 the
<br />Existing Indebtedness section below or in any title insurance policy, title report, or finel title opinion issued in favor
<br />of, end accepted by, Lender in connection with this Deed of Trust, end (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 paragreph ebove, Trustor warrants and will forever defend the
<br />title to the Property ageinst the lewful claims of all persons. In the event any action or proceeding ia commenced
<br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shell defend the
<br />action at Trustor's 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 choice, 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 />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Propeny complies with all
<br />existing applicable laws, ordinances, end regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representetlons, warranties, and agreements made by Trustor in
<br />this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in neture, and
<br />shall remain in full force and effect until such time as Trustor's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are e part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondery and inferior to an
<br />existing lien. Trustor expressly covenents and agrees to pay, or see to the payment of, the Existing Indebtednesa
<br />and to prevent eny default on such indebtednesa, eny default under the instruments evidencing such indebtedness,
<br />or any default under any security documents for such indebtedness.
<br />No Modification. Trustor shall not enter into any egreement 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 agreement ia modified,
<br />emended, extended, or renewed without the prior writtan consent of Lender. Trustor shell 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 releting to condemnation proceedings are a part of this Deed af Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly teke such steps es 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 end 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 time to permit such
<br />participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
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