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2� 1 �� 1 � DEED �F TRUST ��onti n ue�} Page 4 payable with any installment payments ta become due during either ('�} the term vf any applicable insurance poEicy; or �2} �he remaining term of the Credit Ag�eement; or �C} be treated as a balloon payment which wiil be due and payable at the Gredi�Agreem�nt's maturi�y. The Deed o�Trus� also will secure payment of these amounts. The r�gh�s pra�ided �or in th�s paragraph sha�l be�n addition to any other r�ghts ar any remedies to which Lende�may be entitled on accaunt of any default. Any such action by Lender shalf not be construed as curing �he default so as �o bar Lender�rom any remedy that��otherwise would have had. WARRANTY; ❑EFENSE QF TITLE. The follawing pro�is�ans re[ating to ownership o�the Prope�ty are a part o��his Deed a�Trust: Tit[e. Trus�or warrants that: �a} Trustor holds goo� and marketable #ifle vf record to the P��per�y in fee simple, free and c�ear af a[1 I�ens and encumbrances o�her than those set forth in the Rea! Property descriptian o� in any title insurance policy, t�tle report, or final title op�nion issued in fa�or o�, and ac�epted by, Lender in connection with this �eed of Trust, and �b)Trustor has the fu�l right, power, and autharity ta execute and deliver this ❑eed of Trust to Lender. De�ense of Titfe. 5ub�ec� to the exception in the paragraph abo�e, Trus�or warrants and will fore�e� de�end the title to the Property against the Iaw�ul claims vf al� persans. ln the�vent any action or proceed�ng is commenced that ques�ions Trus�or's�itle or the �n�erest a�F Trustee ar Lend�r under this Deed af Trusfi, Trustor shall defend �he ac�ion a�Trustor's expense. Trustor may b��he nominal pa�ty in such proceeding, bu� Lender shall be entitled #a pa�ticipate in the prviceeding and �o b� rep�esented in the proceeding by counsel of Lender's own choice, and Trus�o�wil� defi�er, or cause to be de[i�e�ed, to Lender such instrumen�s as Lende�may reques�from t+me to time �o permit such participa�ion. Campliance Vlli�h Laws. Trustor warrants �hat the Prope�ty and Trustor's use of the Proper�y camplies with al1 existing applicabfe[aws, ordinances, and regufations of g�vernmen�a�authorities. Surv��a� of Promises. All promises, agreements, and statem�n�s Trustor has made in this Deed o�' Trust shall survi�e th� �x�cu�ian and deli�ery of#h�s Deed of Trust, shali be con�inu�ng in nature and shali remain in full force and effect until such time as Trustar's Indebtedness is paid in full. CUNDENINAT��N. The following pro�isions relafing�o condemna�ion proceedings are a pa�t o�th�s D�ed a�'Trust: Praceedings. If any proceeding in condemnation is filed, Trus�ar shal� promp�ly notify Lender in wri#irtg, and Trustor sha�l promptly take such steps as may be necessary to defend the action and obfain #he award. Trustor may�e the nomina[par�y in such praceeding, bu�Lender shalf be entit�ed to par��cipate in the proceeding and tv be represen�ed in the proceeding by counse[ o� its own choice, and Trustor will deli�e� �r cause #a be del��ered ta Lender such instruments and dacumenta�ion as may be requested �y Lender �From time t❑ time �o permi� such participation. App�icat�on o�Net Proceeds. If a[1 or any part o�'th� Pr�per�y is condemned by eminent domain proceedings ar by any p�oceeding or pur�hase in lieu of condemnatian, Lender may a�its elec��an require that all or any portion of�he net praceeds of the award be applied �a �he lndeb#edness or the repair or restoration vf the Prop�r�y. The net p�oceeds of�he award shai[ mean �he award after payment o�a!I reasonab�e cosfs, expenses, and attarneys' fees incurred by Trustee or Lender in connection wi'�h the condemna#ian. 1j1�IP�S[T[aN �F TAXES, FEES AND CHARGES BY GaVERNMENTAL AUTH4R�TIES. The fo[fowing pra�isions relating tv gflvernmental taxes, fees and charges are a part of�his Deed af Trus�: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shali execute such dacuments in addition #o this Deed of Trus� and take what��r other action is reques�ed by Lender tv perfe�t and con�inue Lende�`s �ien on the Real Pr�ape�ty. Trustor shall reimburse Lende�- for all taxes, as described below, tagether with a�l expenses incurred in recording, perfecting or continuing this Deed af Trust, including without �imi�ation a�l taxes, fees, d4cum�n�ary s�amps, and o�her charges for re�ording or regis�ering�his aeed o�f Trust. Taxes. The �ollQwing sha11 constitu�e taxes to which �his sectian applies: �� a specific tax upon th�s type of De�d of Trust or upon a[1 0� any part of the lndebfi�c�ness secured by this Deed a�Trust; ��} a specific tax on Trustor which Trustor is au�horized or required �o deduc��rom payments on the Indebtedness secured by this type of Deed o�Trus�; (3} a tax an�his type of L7eed of Trust chargeable against�he Lender vr the ho�der of the Credit Agreement; and �4} a spe�if�� tax on all or any portion of �he Indeb�edness or on payments v�' pr�ncipaf and interes�made by Trustor. Subsequen� Taxes. lf any tax �o which this section applies is enac�ed subsequent tv the date ��' this Deed o�F Trust, this e�en� shall have �he same effect as an E�en� of ❑efaulf, and Lender may exercise any or all of its a�ai�able remed�es for an E�ent �f Defau�t as pro��ded below unless Trustor either �1} pays the tax be�ore �t becomes delinquen�, o� ��} contes#s�he tax as provided above in �he Taxes and Liens sec�ivn and deposits with Lender cash or a suffic�ent corporat�sure�y bond �r other seeur�ty satisfactory tv Lender. SECLIRITY A�REEMENT; FINANC�N� STATEMENTS. The fo��owing pro�isions re�ating �o this Deed of Trust as a security agreement are a part vf this Deed of Trust: 5ecur�ty Agreement. This instrument shall consti�ute a 5ecurity Ag�eemen� tv the exten� any of the Property constitutes fixfures, and Lender shal! have all o�the rights o'�a secured party unde�the Unifarm Gomm�rcial Code as amended fram time#o t�me.