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��14�3795 DEE�3 �F TRUST �C�ntirlu�d} Page 4 �f repayment by Trustv�. A11 sueh expenses will become a pa�t of the Indebtedness and, at Lender's option, will �A} be payab�e an demand; �B} be added ta fhe balance af the Credi� Agreement and be appor�ioned among and �� payab�e wi�h any instal�ment payments t� became due du�ing either ��} �he term of any appiicabie insurance policy; or ��} the remaining term of the�redif Agreemen�; or tC} be t�eated as a balloon payment which wil�be due and payab�e at the�redit Agreement's maturity. The Deed of Trust also will secure payment af these amounts. The righ�s pra�id�d for�n this paragraph shal� be�n addit�on to any ath�r rights ar any remedies to whi�h Lender may be er�titled on account o�any defau��. Any such actian by Lend�r shall not be cons�rued as curing the default so as �o bar Lender fram any remedy that it othe�vuise would have had. V1IARRANTY; DEFENSE QF T1TLE. The�ollawing prav�sions relating ta awnership of the Pr�perty are a par�af this Deed af Trust: Title. Trustor warrants that: �a] Trustor hoids gvad and marketable title o�recvrd to the Prope�ty �n fee simpl�, free and clear of all liens and encumbrances other than those set f��th in the Rea� Property d�scr�ption ar in any title insurance pa�icy, �i�le repor�, or f nal ti#le vpinion issued in favor a�, and accepted by, Lender in connection with this Deed of Trust, and �b�Trustar has the ful! right, pawer, and authority to ex�cufie and del��er this Deed flf Trust to Lender. Defense vf Ti�le. Sub�ec# to the ex�eptian in the paragraph abo�e, Trustvr warrants and wi�E fore�er d�fend the tifle ta the Proper�y against#he lavu�ul claims ofi alI persons. �n the event any act'tvn or praceeding �s cornmenced that questions Trustor's title or the in�erest ofi Trustee or Lender under this Deed of Trus�, Trustvr sha�l d�fend#he actian at Trus�or`s expense. Trustvr may be the nominal party in such proceeding, but Lender shall be ent�#led tv pa�ticipa#� in the proceeding and to be represen��d in �he proceeding by counsel of Lender's vwn chaice, and Trustor will de��er, or caus�fo be deli�e�ed, to Lender such instruments as Lender may reques#from#ime to�ime to permit such partic�pation. Comp�ian�e Wi�h Laws. Trusto�warrants tha� the Prop�rty and Trustor's use of the Prop��ty complies with a11 existing app�icable laws, ordinances,and regula�ions of�v�ernmental au�hori�ies. Survi�al af Prvrnises. All pram�ses, agreements, and sta��ments Trustvr has made in this [3eed �f Trus� shall su�vive the execution and deli�ery of this Deed of Trust, shali be continuing �n na#ur� and shal� remain in ful�farce and effect until such time as Trustor's Indebtedness is paid in full. C�NDEMNAT�QN, The fvllowing pro��sians re�ating to condemnatian p�-oceedings are a part of this Deed fl�Trust: P�aceedings. �f any proceeding in condemnation is fled, Trustor shall promp#ly notify Lender in writing, and Trustor shal! promptly take such steps as may be necessary to defend the ac#�on and ob�ain the award. Trustor may be the nominal par�y in such proceeding, bu�Lender sha�l be entit��d to participa�e in the proceeding and to be represented in the proceeding by counsel of i�s own choice, and Trustor will de��er or cause to �e deli�ered to Lender such instruments and d�cumenta�ion as may be requested by Lender from t�me to time �v p�rmi� such par�icipation. App�i�ation o#Nefi Pro�eeds. If al�or any par�of the P�oper�y is condemned by eminent domain p�-oceedings or by any pro�eedin�or pur�hase fn lieu o�condemnat�on, Lender may a� i�s e�ection require that ail vr any portian of the ne� pro�eeds of ths award be applied to the Ind�b�edness or the repair ar restoration of the Property. The net proceeds of the award shall mean the award after payrnen�of all reasonable costs, expenses, and attorneys'#ees incurred by Trustee or Lender in connection with�he condemnation. ' . INlP�S�TIDN 4F TAXES, FEE5 AN❑ CHARGES BY G�VERNMENTAL AUTHQRITIES. The fol�vwing pro��sions rela#�ng to go��nmental taxes,fees and charges are a part o�this❑�ed ❑f Trust: Current Taxes, Fees and Charges. Upon reques� by Lender, Trus�or shali �xe�ute such do�umen�s in addition to this Deed o�f Trus#and �ake whatever other ac�ion is requested by L�nder�o per�ect and continue Lender's lien on the Real Proper�y. Trusto�- sha�f reimburse Lend�r far al[ taxes, as des�ribed below, together w�th al� expenses incurred in recording, perfecting or cantinuing this ❑eed of Trus#, [nciuding withaut lim�tation a�l taxes, �ees, da�um�n�ary stamps, and �ther charges for recardin�or register�ng this Deed o�Trust. Tax�s, The fiallowing shall �onstitute taxes �v which th�s sec#ion app�ies: �'�} a specifc tax upon this �ype o� Deed of Trust ar upon afl or any part of#he �nd�btedness se�ured by �his Deed of Trust; ��} a specific tax on Trustor wh�ch T�ustvr is authorized or requi�-ed t�deduct fram payments❑n the �ndeb�edness se�ured by th�s type of❑e�d vf Trust; �3} a tax on this type o�Deed a�Trust chargeable against the Lender or the hoid�r o��he�red�# Agre�ment; and �4� a specific �ax on a�l or any portion of the Indeb�edness or on paymenfs ofi principai and in��rest made by Trustor. Subsequent Taxes. �f any tax �o whiGh this sec��on appiies is ena�ted subsequent to the da�e o�this C�eed ofi Trust, #his e�ent shail have the same effect as an E�ent of Defauit, and Lender may exercise any or alf of its a�ailable remedies for an E�ent vf ❑e�auit as pro�id�d below unless Trustor ei�het- �1} pays the tax before it b�comes delinquent, or �� contests�he tax as provided abave in the Taxes and Liens section and deposits with Lender cash or a sufficient cvrporate surety band or a�her secu�-ity satisfactory tv Lender. SECURITY AGREEMENT; FINANCINC STATEMENTS. The follvwing-prv�isions rela#ing �Q this Deed of Trust as a securify agreement are a park of th�s D�ed of Trust: S�curity Agreement. This ins�rument sha�� constitute a Se�uri�y Agreement to the extent any of �he Praperty