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��1 5��44� <br /> DEE1D �F TF�UST <br /> Loan Nv: 1�1�893'�3 ���]ntinued} Page 4 <br /> Property then Lender may do sfl. IF any actian ar prviceeding is cammenced �hat wauld rnaterial�y affect L�nder`s <br /> interests in the Praperty, then Lender on Trus�vr's behalf may, but is nofi required ta, �ak� any action tha� Lend�r <br /> belie�es ta be appropriate t❑ prfltect L�nder's in#erests. All expenses incurred �r paid by L�nder for such purposes will <br /> �hen}�ear interest at�he r�te charged under the IVate fram�he date incurr�d or paid by L�nd�r to the da�e af repayment <br /> by Trus�ar. A�� such expenses will becvme a parfi of the Indebtedness and, at Lender's option, will {A� be payabl�on <br /> demand; {g} b� add�d to the ba[ance of the Nafe and kae appartioned amang and be payable wi�h any installment <br /> pa�men�s �o became due during ei�her �1) �he term v�r any applicable insuran�e palicy; �r (�y the remaining term af <br /> the No�e; or �C� be tr�ated as a ball�on payment v�rhich wiil be due and payable at the Note's maturity. The ae�d of <br /> Trust als� will secure payment �f�hese amaun�s. The righfs pro�i��d for in this paragraph shall be in addi��on tv any <br /> other rights or any rernedies to which Lender may be entitled an accaun� of any defau�t. Any such action by Lend�r <br /> shall no�be canstrued as curing the default so as to bar Lender from any r�medy that it otherwise wauld haWe ha�. <br /> 11VARRANTY; DEFENSE UF T[TLE. The follawing pra�isians re�ating to awnership af the Property are a part�f this De�d <br /> of Trus�: <br /> Tifil�. Trustor warran�s tha�: {ay Trus�or h�lds good and marketable title �f r�card ta �he Property in fee simple, <br /> free and cl�ar of all liens and encumbrances other than thase set forth in th� Real Property description �r in any <br /> title insurance palicy, titl� report, ar �inal title op�n�an issued in faWar of, and accepted by, L�nder in �onneGtian <br /> v�rith this Deed of Trust, and [b} Trus�ar has the full right, power, �nd authority to execute and d��i�er this aeed �f <br /> Trus�fa Lender. <br /> De�Fense of Title. Subj�cf to the �xception in the paragraph abo�e, Trust�r warran�s and wi�l farever d�fend the <br /> titl�to the Property against�he [awful claims af all persons. ln the�Went any a�tion or pr��eeding is�ammenced <br /> that qu�stions Trustor's t��le ar the �n�erest�f Trustee or Lender under this D�ed af Trus�, Trus�vr shall defend the <br /> action af Trust�r's exp�ns�. Trustor may be the nominal party in such pro�eeding, but Lender shall be enti�led tn <br /> parti�ipate in the proceeding and ta �e �epresented in the proceeding by �ounsel af L�nder's �wn �hoice, and <br /> Trustor will deliWer, vr�aus�:ta b�de[iWered, �o Lender su�h instrurnents as Lender may r�quest�rom time t�time <br /> �o perm�t such par�icipafiion. <br /> Carnpl�ance With Lawsa Trustor warrants that the Pr�perty and Trust�r's use of the Property �amplies with all <br /> existing applicahle laws,ord�nances, and r�gulatians of go�ernmen#al au�horities. <br /> 5urviWal of Promises. All pramises, agre�rnents, and statements Trust�r has rnade in this ❑ee� o� Trust shall <br /> surWi�e the execu�ion and deliWery of this D�ed af Trust, shail be cantinuing in nature and shall remain in full force <br /> and effect until such time as Trustvr's �ndebtedness is paid in full. <br /> CDNDElVINATI�N, T'he��Il�wing pro�risians r�[ating�o condemna�tion procee�ings ar�a part fl�this Deed❑f Trust: <br /> Proceedings. If any proc�eding in cond�mnation �s filed, Trust�r shall prornptly notify Lendar in writing, and <br /> Trus�tar shall prvmptly take such steps as may be neGessary�co def�nd fihe action and obtain the award. Trustor <br /> rnay �e the nominal party in such pro�eeding, but Lender shal� b�enti�l�d to participate in the pr�ceeding and to be <br /> represented in the pr�ceeding by �ounsel af its ❑wn choice, and Trustor will d�liver ar caus� ta he deli�ered ta <br /> Lender su�h insfiruments and documentation as may �e requested by Lende� fram time to time ta permi� such <br /> participation. <br /> Application af Net Praceeds. If a[I ar any part of�the Prap�rty is condemned by eminent damain proc�edin�s or b� <br /> any pro�eeding or pur�hase in [ieu�f condemnatian, Lender may at�ts elec�ion require tha�all or any p�rtivn vf�he <br /> net �raceeds of the award be appli�d to the fndebtedness ar the re�air or restoratian a� th� Property. The net <br /> prnceeds o�f th� award shal[ mean �he award a�ter payment af a[I reas�nable costsr expenses, and at�flrneys' fees <br /> incurred by Trustee�r Lender in cann���i�n with the c�ndemnation. <br /> [MP�S{TI[]N QF TA7�ES. FEES AND CHARGES BY G�1lEFiIVMENTAL AUTH�RITIES. The following pra�isians relating <br /> to ga�ernmental taxes, fees and charges are a part of this ❑eed af Trust: <br /> Curren�Taxes. Fees and Chargese L1pon request by Lender, Trus�or shall execute su�h do�uments in addition to <br /> th�s ❑eed of Trust and take whateWer other action ;s request�d by Lender to perfect and con�inue Lender's lien an <br /> �the Real Property. Trustor shail r�imburse Lender �or all taxes, as described below, togeth�r with all expenses <br /> incurred in recording, perfectin� or con�kinuing ��his Deed �f Trust, including wi�hout limi�ation all �axes, f�es, <br /> documentary stamps, and a�her charges tor recording�r registering this ❑eed o�Trust. <br /> Taxes. The following shall c�ns�itute �axes ta which �his section appEies: �1 y a specific tax upon this type vf <br /> Deed af Trust or up�n a!I or any part of�he Indebtedness secured by this Deed of Trus�k, �2} a sp�cific tax an <br /> Trustor whi�h Trustor is au�hori�ed or required to d�duct fram paymen�s on�h� �ndebtedness secured by fihis type <br /> of Deed of Trust; �3} a tax on this type ofi Deed of Trust�har�eable against the Lender or the hafder of the Note; <br /> and t4y a specifiG tax vn al[ or any portivn of fihe Indebt�dness or on payments of principal and interest made by <br /> Trus�o r. <br /> Subsequent Taxes. If any tax �o whiGh �his se�ti�n appli�s is enacted subsequent to the dat� o� th�s Deed o� <br /> Trustr fhis e�ent shall have the sam� effect as an Even� o� De�ault, and Lender may exerci�e any or alf ❑f its <br /> a�ailable r�rned�es for an E�ent �f Defaul� as pro�id�d belvw unless Trustor either �1) pays the tax be�are it <br /> �ecames delinquent, �r �Z} �ontests the tax as prt�v�ded abave in the Taxes and Liens secfiion and deposits�rvith <br /> Lender cash❑r a sufficient cvrp�rate surety bond flr oth��se�urity satisfactary to Lender, <br />