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<br /> D�EC3 �F TF�UST
<br /> �Canti�ued� Page 4
<br /> Property or ta comply with any obligation �o maintain Existing Indebtedness in good standing as requir�d be�ow, then
<br /> Lender may do so. �f any acti�n or proceeding is commenced that wou�d ma�erially affec� Lender's interes�s in the
<br /> Property, then Lender on Trus�or's b�half may, but is nat required to, �take any ac�ion that �Lender bei�e�es �o be
<br /> appropr�ate to pro�ect Lender's interests. A�I expenses incurr�d or paid by Lende�- for such purposes will �hen bear
<br /> interes� at the ra�e �harged unde�- the Credit Agreem�nt from the date �n�urred ar paid by Lender �o the date o�
<br /> repayment by Trustor. Afl such expens�s will became a par� of�he Indeb�edness and, at Lender's opt�on, will tA7 be
<br /> payable on demand; �B7 he added to the balance of�he Credit Agreem�n� and be appor�ioned among and be payable
<br /> with any installment payments t❑ bec�me due during either ��y the term ❑f any applicable insuran�e po��cy; ar {2� the
<br /> remain�ng term o�the Credit Agreemen�; or �C� be �rea�ed as a balloon payment which will be due and payabie at the
<br /> Credit Agreement'S E71c`]'�U�'I��1. The ❑��d of Trust also will secure payment�f these amounts. The rights pro�ided far in
<br /> this paragraph sha1� be in add�tion t❑ any o�he� r�ghts or any remedies to which Lender may be entitled on ac�ount of
<br /> any default. Any such action by Lender sh�l! na� be �onstrued as cu�-ing �he default so as t� har Lender fram any
<br /> remedy tha�i�otherwise would ha�e had.
<br /> WARRANTY; DEFENSE DF TITLE. The�following pro��sions relating t❑ ownership of the Property are a par�o�this Deed
<br /> af Trus�;
<br /> Ti��e. Trustor warrants �hat: ta} Trus�or halds gaod and marketahle ti�le ❑f record to the Proper�y in fee simp�e,
<br /> free and �lear af a1f �iens and encumbrances other than those set forth in the Rea� Proper�y description or in th�
<br /> Existing Indebtedness sectian below or in any title insurance poficy, title repart, or �final ti�le op�nion issued in �a�or
<br /> a�, and ac�ep�ed by, Lender in connec�ion wi�h �his Deed of Trust, and �b} Trustor has the full right, pawer, and
<br /> au�hority�� execute and deli�er�his ❑eed of Trust to Lender.
<br /> ❑efense of Titl�. Subject ta the �xceptian in the paragraph ab��e, Trust�r warrants and will fore�er defend �he
<br /> ti�le to the Property against the law�ul ��a�ms af all persans. In �he e�ent any a�tion or proGeeding is commenced
<br /> -�ha�questions Trustor's title or the interes� of Trustee Qr Lender under-this Deed of Trust, Trustor shall defend the
<br /> action a� Trus�or's expense, Trus�or may be �he naminal party in such proceed�ng, bu� Lender sha!! be enti�led to
<br /> participate in the pr�ceeding and to be represent�d in the proceed�ng by counsel a# Lender's own �hoice, and
<br /> Trustor wi�f deli�er, or cause to be del��ered, to Lender sucl� ins�ruments as Lend�r may request �r�m time to time
<br /> to permit such parfi�ipation.
<br /> Compliance VIlith Laws. T�ustor vvarrants tha�t �he Proper�y and Trus�nr's use ❑f the Property complies w��h all
<br /> existing applicab�e laws, ordinan�es, and regu�ations of ga�ernmentai autharities,
<br /> 5ur�i�al af Prvmises. A�I promis�s, agreements, and statements Trus�or has made in this �eed o� Tru$� shall
<br /> sur���e the execution and de9��ery o�F this Deed ��Tru��, shall be continuing in nature and shall remain in full #orce
<br /> and effec�until such time as Trustor's Indebtedness is pa�d in�uli.
<br /> EX�STING INDE6TEDNE55. Th� following pro�isions concerning Ex�sting Indebtedness are a part of this Deed of Trust:
<br /> Existing Lien. The lien of this De�d ❑f Trust securing the ]ndebtedness may be sec�ndary and inferior to an
<br /> existing lien. Trustor expressly ca�enants and agrees to pay, or see -�❑ the payment of, the Existing Indebtedness
<br /> and to pre�ent any de�ault on such �ndebtedness, any de�au�t under the ins-�ruments e�idencing such inde�tedness,
<br /> o�any de�ault under any security documen�s for such indeb�edness.
<br /> No Modi�Fication. Trustor shall not enter �nta any agreement wi�th th� holder ❑f any mortgage, deed of �rust, o�
<br /> ❑ther security agreement wh�ch has priority a�er �h�s Deed of Trust by whi�h tha� agreement is modi�ied,
<br /> amended, ex-�ended, or �enewed with�ut th� prior writ�en �ans�nt of Lender. Trustor shall neither request nor
<br /> acGept any fu�ure ad�anc�s under any such securi�y agreement wi�haut�he prio�writ�ten cons�nt o� Lender.
<br /> C�NDEMNATIDN. The foFlowing pro�isians r�lating t❑ candemnation pr�ceedings ar�a part ofi this Deed o�Trust:
<br /> Proceedings. If any proceeding in candemnation is �iled, Trustor shall prompt�y notify Lender in w�iting, and
<br /> Trustor shall promptly take such s�teps as may he nec�ssary to de�end the act�an and ❑btain �he award. Trustor
<br /> may�e the norr�inal par�y in such proceeding, but Lender shall be entitled �� partic�pate in the prflceeding and t❑ be
<br /> represen�ed in the prace�ding by �ounsel of its awn choice, and Trus�fior will deli��r or cause to be deli�ered to
<br /> Lender such instruments and do�umentation as may be reques�ed by Lende� from �ime �o time ta permit such
<br /> part�cipation.
<br /> Application af Net Proceeds. �f a!1 or any par� of the Proper�y is cond�mned by eminen�domain proceedings or by
<br /> any proceeding or pur�hase in lieu of candemnation, Lender may at its electian require tha�all or any portion of the
<br /> net proceeds of the award be appl�ed t❑ the Indeb�edness or th� repair ar r�staration o� the Property. The net
<br /> proceeds of the award sha�l mean the awa�d a�ter payment o� ali reasonable casts, expenses, and attorneys' �ees
<br /> incurred by Trustee or Lender in conn�c�ion with�he condemnation.
<br /> IMP�S1TlON flF TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITIES. The �ollowing pra�isions relating
<br /> to g��ernmental taxes, fees and �harges ar� a part of this ❑e�d of Trust: .
<br /> Current Taxes, F�es and �harges. Upon request by Lender, Trus�or-shall execut� suc�dv€uments in addi�ion to
<br /> this Deed ��Trust and take whate�er o�her action is requested by Lender�o perfie��t and continue Lender's lien on
<br /> the Real Property. Trustor shall reimburse Lender for all taxes, as described be�ow, together with all expenses
<br /> incurred in record�ng, pe�f�cting �r continu�ng this Deed af Trust, in�luding w�thou� limi�ation a!I �axes, fees,
<br /> documen�ary stamps, and o�her charges for recording or registering this Deed of Trus�t.
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