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� ' DEED OF TRUST <br />Loan No: 101254792 (Continued) 2 012 0 5 7 7 � Page 4 <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtednesa described below is <br />in effect, compliance with the insurence provisions contained in the (nstrument evidencing such Existing <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 duplicatlon of insurence requirement. If any <br />proceeds from the insurence become payable on loss, the provisions in this Deed of Trust for divfsion of proceeda <br />shalt apply only to that portion of the proceeds not payable to the holder of the Existing indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interesta, <br />encumbrances, and other clefms, (B) to provide any requ(red insurance on the Property, (C) to make repairs to the <br />Property or to comply with any obligation to maintain Existing Indebtedness in good stand(ng es required below, then <br />Lender may do so. If any ection or proceeding is commenced that would materielly effect Lender's Intereats in the <br />Property, then Lender on Trustor's behelf may, but is not required to, take eny actton that Lender believes to be <br />appropriate to protect Lender's Interests. All expenaes fncurred or paid by Lender for auch purposes will then bear <br />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 (A1 be payable on <br />demand; (B) be added to the balance of the Note end be apportioned emong and be payable with any inatallment <br />payments to become due during either (1) the term of eny appliceble 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 emounts. The rights provided for in this peragraph shall be in addition to eny <br />other rights or any remedies to which Lender may be entitled on eccount of eny default. Any such action by Lender <br />shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would heve hed. <br />WARRANTY; OEFENSE OF TITLE. The following provisions relating to ownership of the Property ere a pert of this Deed <br />of Trust: <br />Title. Trustor warrents that: (a) Trustor holds good and marketabte title of record to the Property in fee simple, <br />free end clear of all liens end encumbrances other than thoae set forth in the Reel Property description or in the <br />Existing Indebtedness section below or in eny title insurance p.olfcy, title report, or finat title opinion iasued in favor <br />of, and accepted by, Lender in connection with this Deed of Trust, and Ib) Trustor hes the full right, power, end <br />authority to execute and deliver th(s Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the peragraph ebove, Trustor werrents 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 t(tle 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 parry in such proceeding, but Lender ahall be entitled to <br />participate in the proceeding end to be represented in the proceeding by counsel of Lender's own choice, and <br />Trustor will deliver, or ceuse to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such participetion. <br />Compliance Wtth Laws. Trustor warrents that the Property end Trusto�'s use of the Property complies with all <br />existing applicable laws, ordinances, and reguletions of governmental authorities. <br />Survival of Promises. All promises, egreementa, and atetements Trustor has made in this Deed of Trust shell <br />survive the executfon end delivery of this Deed of Trust, shall be continuing in nature and shell remain in full force <br />end effect until such time as Trustor's Indebtedness is peid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The 11en of this Deed of Trust securing the Indebtedness mey be secondery end inferior to an <br />existing lien. Trustor expreasly covenants and agrees to pay, or see to the payment of, the Existing Indebtednesa <br />end to prevent any defeult on such indebtedness, eny defeult under the instruments evidencing such indebtedness, <br />or eny default under any security documents for such indebtednesa. <br />No Modification. Truator 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 ia modif(ed, <br />amended, extended, or renewed without the prior wrftten conaent of Lender. Trustor ahall neither request nor <br />accept any future edvances under any such security agreement without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnatton proceedings ere e pert of this Deed of Trust: <br />Proceedings. If eny proceeding in condemnation is f(led, Trustor ehall promptly notify Lender in writing, and <br />Trustor shall promptly take such steps es mey be necessery to defend the ection and obtain the award. Trustor <br />may be the nom(nal perty in such proceeding, but Lender shall be entitled to perticipete 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 and documentetion as mey be requested by Lender from time to time to permit such <br />perticipation. <br />ApplicaUon of Net Proceeds. If all or any pert of the Properry is condemned by eminent domain proceedinga or by <br />any proceeding or purchese in Ileu of condemnat(on, Lender mey et its electfon require thet all or eny portion of the <br />net proceeds of the awerd be applied to the Indebtedness or the repair or restoretion of the Property. The net <br />proceeds of the award shall mean the award efter payment of all reasonable costs, expenses, end attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />� <br />�' <br />