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DEED OF TRUST � 012 U 5 3 5� Loan No: 101254111 (Continued) Page 4 Property then Lender may do so. If any action or proceeding is commenced thet would meterially effect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, teke any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note frofn the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be peyeble pn demand; (B) be added to the belance of the Note and be apportioned emong end be payable with eny installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a belloon peyment which will be due and peyeble at the Note's meturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in th(s paragraph shall be in eddition to any other rights or eny remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from eny remedy that it otherwise would heve had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free end clear of all liens and encumbrances other then those set forth in the Reel Property description or in eny title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. _ Defense of Title. Subject to the exception in the peragreph above, Trustor warrents and wfll forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceedir�g by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such perticipation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and reguletions of governmental authorities. Survivel of Promises. All promises, egreements, end statements Trustor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shell be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings ere a pert of tNis Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly teke such steps as may be necessary to defend the action and obtain the award. Trustor mey be the nominal party in such proceeding, but Lender shall be entitled to perticipete in the proceeding end to be represented in the proceeding by counsel of its own choice, end Trustor wfll deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnetian, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnetion. IMPOSITION OF 7AXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with ell expehses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentery stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shell constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or eny pert of the Indebtedness secured by this Deed of Trust; (2) a specific tex on Trustor which Trustor is suthorized or required to deduct from payments on the Indebtedness secured by this type af Deed of Trust; (3) a tax on this type of beed of Trust chargeable against the Lender or the holder of the Note; and (4) e specific tax on all or eny portion of the Indebtedness or on peyments of principel and interest made by Trustor. Subsequent Texes. If any tax to which this section applies is enected subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its evailable remedies for an Event of befault as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes end Liens section and deposits with Lender cash or e sufficient corporete surety bond or other securlty satisfectory to Lender.