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DEED OF TRUST 2 Q 12 p� 6�.'� � Loan No: 101255986 (Continued) Page 4 Property then Lender may do so. If eny action or proceeding is commenced that would materially effect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, teke eny action that Lender believes to be eppropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rete cherged under the Note from the dete incurred or peid by Lender to the dete of repayment by Trustor. All such expenses will become a pert of the Indebtedness and, et Lender's option, will (A) be payable on demand; (B1 be edded to the balance of the Note and be apportioned emong and be peyable with any Instellment 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 trested as a balloon payment which will be due and payable at the Note's meturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on eccount of any default. Any such action by Lender shell not be construed as curing the default so as to bar Lender from any remedy thet it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions retating to ownership of the Property are a part of this Deed of Trust: �' Title. Trustor warrants that: (a) Trustor holds good and merketeble title of record to the Property in fee simple, free and clear of all liens end encumbrances other than those set forth in the Real Property description or in any title insurance poUcy, 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 euthority to execute end deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragreph above, Trustor warrants end will forever defend the title to the Property egainst 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 perty in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be de0vered, to Lender such (nstruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Properry end Trustor's use of the Property complies with all existing appUcable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Trustor has made In this Deed of Trust shell survive the execution and delivery of this Deed of Trust, shall 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 e part of this Deed of Trust: Proceedings. If any proceeding in condemnetion is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the ection and obtein the awerd. Trustor mey be the nominel perty in such proceeding, but Lender shall be entitled to perticipate in the proceeding and to be represented ir� the proceeding by counsel of its own choice, and Trustor will deUver or cause to be delivered to Lender such instruments and documentetion as mey 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 eny proceeding or purchese in lieu of condemnetion, Lender may at its election requlre that all or any portion of the net proceeds of the award be epplied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the awerd after payment of all reesoneble costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are e part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shell 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 shell reimburse Lender for all taxes, as described below, together with ell expenses incurred in recording, pertecting or continuing this Deed of Trust, including without Iimitation all taxes, fees, documentary stamps, end 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 any pert of the Indebtedness secured by this Deed of Trust; (2) e specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax to which this section epplies is enacted subsequent to the dete of this Deed of Trust, this event shall have the same effect as en Event of Default, and Lender may exercise any or ell of its availeble remedies for an Event of Default es provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tex es provided above in the Taxes end Liens section and deposits with Lender cash or a sufficient corporete surety bond or other security satisfactory to Lender.