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�� DEED OF TRUST 2 012 0 2 6 3� <br />Loan No: 101251513 (Continued) Page 4 <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 duplication of insurence requirement. If any <br />proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for divlsion of proceeds <br />shall epply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />Trustor's Report on Insurance. Upon request of Lender, however not more then once e year, Trustor shall furnish <br />to Lender a report on each existing policy of insurance show(ng: (1) the name of the insurer; (2) the risks <br />insured; (3) the amount of the poUcy; (4) the properry insured, the then current replacement value of such <br />property, and the manner of determining that velue; end (5) the expiretion date of the policy. Trustor shall, upon <br />request of Lender, have an independent appreiser satisfactory to Lender determine the cash value 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 eny provision of this Deed of Trust or any Related Documents, including <br />but not limited to Trustor's failure to comply with any obl(gation to meintain Existing Indebtedness in good standing as <br />required below, or to discharge or pey when due eny amounts Trustor is required to discharge or pay under this Deed of <br />Trust or any Releted Documents, Lender on Trustor's behalf may (but shall not be obiigated toi take eny act(on that <br />Lender deems appropriate, including but not Ilmited to discharging or paying all taxes, liens, security interests, <br />encumbrances and other claims, et any time levied or pleced on the Property and peying all costs for Inauring, <br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for auch purposes will then <br />bear interest at the rate charged under the Note fram the date incurred or peid by Lender to the date of repayment by <br />Trustor. All such expenses will become a part of the Indebtedness and, et 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 payeble with any (nstellment <br />payments to become due during either (1) the term of eny eppliceble 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 et the Note's maturity. The Deed of <br />Trust also will secure payment of these amounts. Such right shall be in addition to all 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 are a part of this Deed <br />of Trust: <br />� <br />Title. Trustor warrants that: (a) Trustor holds good end marketable title of record to the Properry in fee simple, <br />free and clear of all liens and encumbrances othar then 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 (ssued in favor <br />of, and accepted by, Lender in connection with thia 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 peragraph 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 nominel party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding and to be represented fn 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 mey request from time to time <br />to permit such participation. <br />Compliance With Laws. Trustor werrants 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 Representations and Warranties. All representetions, werrantiea, and agreements made by Trustor in <br />this Deed of Trust shall survive the execution end delivery of this Deed of Trust, shall be continuing in nature, 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 a pert of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to en <br />existing lien. Trustor expressly covenents and agrees to pay, or see to the peyment of, the Existing Indebtedness <br />and to prevent any defeult on such indebtedness, eny defeult under the instruments evidencing such indebtedness, <br />or any default under any security documents for such (ndebtedness. <br />No Modification. Trustor shall not enter into 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 egreement is modified, <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 egreement without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings ere a part of this Deed of Trust: <br />�A <br />;� <br />i!. <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and <� � <br />Trustor shall promptly take such steps as may be necessary to defend the action and obtain the eward. Trustor .. <br />mey 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, end 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 1. <br />participation. <br />. ,. <br />��. <br />