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'� DEED OF TRUST 2 012 0 3 4 0�
<br />Loan No: 101251582 (Continued) Page 4
<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 provislons 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 />Trustor's Report on Insurence. Upon request of Lender, however not more than once e year, Trustor shall furnish
<br />to Lender a report on each existing policy of insurence showing: (7) the name of the insurer; (2) the risks
<br />insured; (3) the amount of the policy; (4) the property (nsured, the then current replacement vetue of such
<br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shell, upon
<br />request of Lender, have an independent appraiser satisfectory to Lender determine the cash value replacement cost
<br />of the Property.
<br />LENDER'S EXPENDITURES. If any ection or proceeding is commenced thet would meterially 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 failure to comply with any obligation to ma(ntafn Existing Indebtedness in good standing as
<br />required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of
<br />Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take any action that
<br />Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
<br />encumbrances and other claims, et any time tevfed or pleced on the Property and paying ell costs for insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
<br />bear interest at the rete 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 peyable on
<br />demend; (B) be edded to the balence of the Note and be apportioned emong and be peyeble with eny installment
<br />payments to become due during either (1) the term of eny 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 peyable 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 />Title. Trustor werrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple,
<br />free and clear of all liens end encumbrences other than those set forth in the Real Property descr(ption or in the
<br />Existing Indebtedness section below or in eny title insurance polfcy, title report, or final title opinion issued in favor
<br />of, and accepted by, Lender in connection with this Deed of Trust, end (b) Trustor has the full right, power, and
<br />euthority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Tkle. Subject to the exception in the paragraph ebove, Trustor warrants end will forever defend the
<br />title to the Proparty against the lawful claims ot 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 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 mey request ftom time to time
<br />to permit such participation.
<br />Compliance With Laws. Trustor werrents that the Property and Trustor's use of the Property compUea with all
<br />existing appliceble laws, ordinances, end regulations of governmental euthorlties.
<br />Survival of Representatlons and Warranties. All representations, warranties, and agreements made by Trustor in
<br />this Deed of Trust shall survive the execut(on and delivery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force end effect until such tfine as Trustor's Indebtedness shell be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness ere a part of this Deed of Trust:
<br />F�cistlng Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary end inferior to an
<br />existing lien. Trustor expressly covenants end agrees to pey, or see to the payment of, the Existing Indebtedness
<br />and to prevent any defeult on such indebtedness, any 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 agreement with the holder of any mortgege, deed of trust, or
<br />other security agreement which has priority over this Deed of Trust by which that agreement is modiHed,
<br />amended, extended, or renewed without the prior written consent of Lender. Trustor shell neither request nor
<br />eccept any future advances under any such security egreement without the prior written consent of Lender.
<br />CONDEMNATION. The fotlowing provisions relating to condemnation proceedings ere a part of this Deed of Trust:
<br />Proceedings. If eny proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shell promptly take such steps as may be necessary to defend the action end obtain the award. Trustor
<br />mey be the nominal party in such proceeding, but Lender shall be entitled to perticipate 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 end documentation as may be requested by Lender from time to time to permit such
<br />partfcipatton.
<br />Application of Net Proceeds. If all or any pert of the Property is condemned by eminent domain proceedings or by
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