Laserfiche WebLink
Loan No 101266246 <br />DEED OF TRUST <br />(Continued) <br />201304704 <br />Page 4 <br />Compllanoe with Existing indebtedness. During the period in which any Existing Indebtedness described below is <br />in effect, compliance with the insurance provisions contained In the Instrument evidencing such Existing <br />indebtedness shell constitute oompllence 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 insurance requirement. If any <br />proceeds from the insurance become payable on loss, the provisions 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 insurance. Upon request of Lender, however not more than once a year, Truetor shall furnish <br />to Lender a report on *soh existing policy of insurance showing: (1) the name of the Insurer; (2) the Melts <br />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and 15) the expiration date of the policy. Trustor shell, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is oommenced that would materially effect Lander's Interest In <br />the Property or if Trustor fells 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 maintain 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, at any time levied or pieced on the Property and paying all costa for Insuring, <br />maintaining and preserving the Property. All such expenditures Incurred Or paid by Lender for such purposes will then <br />bear Interest et the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by <br />Trustor. AO such expenses will become a part of the Indebtedness end, at 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 payable with any installment <br />payments to become due during either (1) the term of any applicable insurance policy; or 12) the remaining term of <br />the Note; or (C) be treated es a balloon payment which will be due and payable at 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 *hie Deed <br />of Trust: <br />Title. Trustor warrants that: (e) Trustor holds good and marketable title of record to the Property In fee simple, <br />free and clear of all liens and encumbrances other than 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 leaved In favor <br />of, and accepted by, Lender in connection with this Deed of Trust, end (b) Truator has the full right, power, end <br />authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception In the paragraph 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 oommenced <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 end 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 may request from time to time <br />to permit such participation. <br />Compliano* With Laws. Trustor warrants 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 representations, warranties, and agreements made by Trustor In <br />this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature, and <br />shell 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 part of this Deed of Trust: <br />Existing Lien. The Ilen of this Dead of Trust securing the Indebtedness may be secondary and inferior to an <br />existing lien. Trustor expressly covenants and sprees to pay, or see to the payment of, the Existing Indebtedness <br />and to prevent any default 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 mortgage, deed of trust, or <br />other security agreement which has priority over this Dead of Trust by which that agreement 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 agreement without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding In condemnation is filed, Trustor shall promptly notify Lender In writing, and <br />Trustor shall promptly take such steps se may be necessary to defend the action and obtain the award. Trustor <br />may 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, and 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 *kWh <br />