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��14�7971 IDEE�3 �F TRUST L�an No: 'I�'1�81537 t��ntinu�d} Page 4 , Prope�ty then Lender may do so. 1�F any action ar proc�eding is c�mmenced that would ma�e�-ia�[y a��ect Lender's interests in the Praper�y, then Lender on Trus��r's laeha�f may, �ut is not require�l �o, �ake any ac#ian that Lender believes t� be appr�pria�e to prvte�t Lender's interests. A11 expenses incurred or paid by Lender for su�h purposes wi[I �hen bear interest at the rate charged under fhe Note from the da�e incurred �r paid by Lender ta the date af r�payment by Trustor. A11 such expenses w�ll �ecome a par� of th� Indebtedness and, at Lender's option, will �A� �e payable �n d�mand; �B} be added tv �khe balance afi the Na�e and be apporfioned among and be payable w�th any ins�allment payments �o becom� due durin� eifher �1 y �he term of any applicable insurance po�icy; or 4�y th� remaining term a� the Na�e; or �C} be treat�d as a bail��n payrnent which wil! be due and paya�le at the Not�'s maturi�y. The D�ed vf Trust a�sn will secure payment ❑f these am�unts. The rights pro�ided far in �his paragraph shal[ be in additian t4 any o�her righ-�s or any r�medies tv which Lender may be entitled on ac�ount af any default. Any such acti�n by Lender shall nat be construed as �uring�he default so as to bar Lender fr�m any remedy that it o�herwise would ha�e had. W►4RRANTY; DEFENSE OF TITLE. Tl�e fa�lawing pro�isions relating ta ownership of the Proper�y ar�a par�t of�his ❑eed o�Trust: Ti�tle. Trustor warrants that: {a� Trus#or halds good and marketab�e ti�le of recor� ta �he Pr�perty in fee simple� fir�e and �lear of all liens and encumbrances o�her than th�se set �FQrth in the Real Property description or in any title insurance policy, title repart, or fiinal ti�le opinivn issued in #a�or of, and accepted by, Lender in connec�ion with this De�d �f Trust, and �b} Trustar has#he full right, power� and authority�o execute and deliWer this Deed of T�ust to Lender. Defense o'�Titie. Subje�t to the �xceptian in �he paragraph abaWe, Trustar warrants and will fore�er de�end the �itle �o the Pr�perty against�he ia►rvful claims of all persons. ln the even� any action or praceeding is �vmmenced that questions Trus�or's title�r�the int�r�st of Trustee ar L�nder under this aeed of Trust, Trus�or shall defend the ac�ian at Trustar's expens�. Trust�r may be the nvmina� par�y in such praGeeding, bu�t Lender shall be enti�tled to participate in the proceeding and �o be represented in �he proceeding by cauns�l of Lender's awn choice, and Trus�or will delive�, ar caus�tv be deli�ered, to L�nder such instruments as Lender may request from time ta��me ta permit such participa�ion. Complian�e With Laws. Trustor warrants tha� the Property and Trustor's use ot �he Pr�p�rty c�mplies with all existing applicable iaws, ordinances, and regulations of go�ernmentaf auth�rit�es. - SurWival of Prvmis�s. All promises, agreements, and sfatements Trustor has made in this Deed of Trust shall sur�ive the exe�uti�n and deliWery o�F fihis De�d ��Trust, shall be �ont�nuing in nature and shall remain in full farce � and effe�t un�il su�h t�me as Trust�r's lndebtedness is paid in full. ��NaEIVlNAT��N. Th�foll�win� pro�isions rela�ing�o cond�mnatian prflceedings are a part of this Deed�f Trust: Pro�eed�ngs. If any proceeding in �vndemna�ian is �filed, Trustar sha�l promptly nofiify Lender in writing, and Trustvr sha�l promp�ly take such steps as may be ne�essary ta defend the ac�ion and ab�ain the award, Trustor may be the nominal par�y in such proceeding, but Lender shall �e entitled fa part�cipate in the praceeding and to be represen�ed in th� pr�ceeding by counsel of its own choice, and Trustvr wiil deli��r �r cause to be d�li��red to Lender such �nstruments an� documentation as may be requ�sted by Lender firom time to time to p�rmit such participation. Applica�ivn of IVet Pro�eeds. I�all �r any part vf�he Proper�y is �ondemned by eminent d�main proceedings or by any praceeding or purchase in li�u af c�ndemnatian, Lender may at i�s elec�ti�n require fihat all ar any por�ion of the net pr�ceeds af the award be applied �o �he Indebtedness or the repair or restoration vf the Property. The net proceeds ❑f the award shall mean the award after payment of al� reasana�le costs, exp�nses, and a��rneys' �ees incurred by Trustee�r Lender in conn��tion with the condemnatinn. � lf�1�PDS[T�DN �F TA�ES, FEES AND GHARGES BY G�VERNIVIENT'AL AUTH�R�TIES. The #ollnwing provisions relating ta g�vernrnental taxes, �ees and charges ar�a part of�khis Deed ❑f Trust: Curren� Taxes. Fees and Charges. Upon requ�st �y Lender, Trust�r shall execute such d�cuments in addi�fiion t� th�s Deed af Trust and take whate�er ❑ther action is r�quested by Lender tn perfect and continue Lender's lien on th� Real Prop�rty. Trustor sha�� reimburse Lender �or al� tax�s, as describ�d befaw, together with a�[ expenses in�urred in rec�rding, perfecting or cvntinuing �his Deed of Trus�, including ►rvithout fimitation al! �axes, fees, d�cumentary stamps� and Qther charg�s for recording or regist�ring this ��,ed o�Trust. Taxes. The follawing shall constitute taxes to which �his sectian appli�s: ��y a speci�i� tax upvn this type �f Deed a�Trust or upon all �r any part v� the Indehtedness secured by this �eed vf Trus�; (�y a specific tax on Trust�r whi�h Trus�or is author��ed or required to deducf fram payments on the Indebtedness secured �y this type o� Beed of Trust; �3� a �ax an this typ� of Deed of Trust�hargeable against the Lender or the holder of the Nvte; and �4� a sp�ci�i� tax an all ar any portivn a�the Inclehtedn�ss or on payme�ts of principal and in�erest made by Trus�or. Subsequent Taxes. Ifi any tax ta which this sectivn app[ies is enacted subsequent �to the date of this Deed of Trust, this eWen� shal! have the same e��ect as an E�ent �f D�faul�, and Lender may exercis� any or alf of Ets a�ailable remedies for an E�ent of ❑efiault as pra�ided �elaw unless Trus�or ei�her �1 y pays the tax before it bec�mes delinquent, �r �2} �on�ests th� tax as pro�ided aba�e in the Taxes and Liens section and dapvsits with Lender cash vr a sufficient corporate sure�y�ond�r a�her security satisfactory tn Lender.