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2� 1 ��� 152
<br /> DEEa �F TRUST
<br /> ��ont�nued} Page 4
<br /> proceeds from �he �nsurance be�ome payabie on �oss, the pro�is�ans �n this Deed of Trus�far di�ision of proceeds
<br /> shall apply only to that portion of the proceeds not payabl�to the ha�der of the Existing lndebtedness.
<br /> LENDER'S EXPENDIT�RES. If Trustar fails �A} �o keep the Prope�ty free of all taxes, liens, se�u�ity interests,
<br /> encumbrances, and other claims, �B} to provide any requir�d insurance on the Property, �C} to make repai�s to the
<br /> Property or to comply wi#h any o�liga�ion to maintain Existing lndebtedness in goad standing as required bel�w, then
<br /> Lender may do sa. If any actian or proceeding i� comme�ced #hat wou�d mater�ally affect Lend��'s inte�ests �n the
<br /> Property, then Lender an Trustor`s behalf may, but is na� required to, �ake any action that Lender be�ie�es to be
<br /> appropriats to pro�ect Lender's interes�s. AI� expenses incurred or paid by Lender fo� such purpases will then bear
<br /> interest at �he rate charged under th� C�edit Agreement from the da�e �ncurred ar pa�d by Lende� to the date of
<br /> repayment by T�us�ar. A1i such expenses will becom�a part of the Indebtedness and, at Lender's option, will �A} be
<br /> payable on demand; �B} �e added to the balan�e of the �redi�Agreement and �e appa�t�oned among and be payable
<br /> with any ins�aflment payments�o become due during ei�her �1} the term of any app�icable insurance po[icy; or {2} the
<br /> remaining term of the Credi�Agreement; or �C} be tr�ated as a balloon paymen�wh�ch wilf be due and payable at the
<br /> �redi�Agreement's maturity. The Deed of Trust also wi�[ secure payment of these amoun�s. The rights pro�ided for in
<br /> this pa�agraph shal� b� in addition ta any o�her rights or any remedies t❑ which Lender may be entitled an accaunt af �
<br /> any default. Any such action by L�nder sha{I not �e construed as cu�ing the de�auft so as ta bar Lender from any
<br /> remedy that it otherwise wou�d hav� had.
<br /> WARF�ANTY; DEFENSE�F TITLE. The following provis�ons relating t�ownership o�the Properky are a part af this Deed
<br /> af Trus�:
<br /> Ti��e. Trustor warrants�hat: �a} Trustor ho[ds good and marketable ti�1e af record �o the Praperty �n fee simple,
<br /> free and clear a�a[I liens and encumbrances other than those se� �orfh in �he Real Proper�y des�ription or in the
<br /> Existing lndebtedness section be�aw or in any title insuran�e poli�y, '�itle repart, or final title vpin�an issued in fa�o�
<br /> ❑f, and accepted by, Lender in connection with this Deed of Trus�, and �b} Trus�or has �he fu�! right, power, and
<br /> authority t❑execu�e and d���ver this Deed af Trust�o Lender.
<br /> Defense of Title. Subjec�ta the exception in the paragraph aba�e, Trusta�warrants and will forev�r defend the
<br /> title t❑th� Property against�he l�wful claims of a[1 persans. In the e�ent any action or praceed�ng is commenced
<br /> �ha�questions Trustor`s tifile or�he inter�s�o'�Trustee ar Lender under this Deed of Trus�,Trustor shall defend the
<br /> actian at Trusfor's exp�nse. Trusto�may be the nominal party in such p�oceeding, but Lender sha�l �e entitfed ta
<br /> participate in the proceeding and to be represented in the proc�eding by counsel o� Lender`s own choi�e, and
<br /> Trustor will deliver, o�cause ta be deli�ered, to Lender su�h instrum�nts as L�nder may request fram time to time
<br /> �o perm�t such par�icipation.
<br /> Compliance Vlrith Laws. Trustor warrants �hat the Prape�ty and T�ustor's use a�the Pr�perty complies with al�
<br /> existing app�icab[e laws, ordinances, and regula#ians o�goWernm�ntal authorities.
<br /> Sunr��a[ of Promises. A11 promises, agreemen�s, and statements Tru�tor has made in this Deed of T�ust shall
<br /> survi�e the execution and delivery of�his Deed of Trust, sha�l he cont�nuing in na#ure and sha�l rema�n in �ull force
<br /> and effect un�il such time as Trustor's lndebt�dn�ss is paid in�ull.
<br /> EXIST�NG[N DEBTEDN ESS. The fol�aw�ng provisions conce�ning Exis�ing lndebtedness are a part o�th is Deed of Trust:
<br /> Ex�sting Lien. The iien af �his Deed of Trust securing the Indeb�edness may be secandary and infer�or ta an
<br /> existing �ien. Trustor express[y cfl�enants and agrees to pay, or see ta the payment o�, the Existing {ndebtedness
<br /> and to pre�ent any defaul�on such �ndebtedness, any defaul�under the instruments evidencing such indebtedness,
<br /> or any default under any se�urity documents for such indeb�edness.
<br /> No Mfldification. Trustor shal� not enter into ar�y agreemen�with �he holder o� any martgage, deed ��trust, �r
<br /> other security agreement which has p�iority aver this Deed of Trust hy which �ha� agreement is modi�ied,
<br /> amended, extended, or �enewed wi�hout the prior written consent �f Lender. Trustar shalf ne�ther r�ques� nor
<br /> accept any futur� adWances under any su�h security agreement vui�hout�he prior written consent of Lender.
<br /> C�NDEMNATi�N. The following provisions relating ta��ndemnation proceedings are a part of this Deed o�Trust:
<br /> Proceedings. If any proc�eding in candemnation is filed, Trus�ar sha[1 pramp�ly no�i�y �ender in wri�ing, and
<br /> Trustor shall prompt�y take su�h st�ps as may be ne�essary ta defend the action and obtain the aw�rd. Trustor
<br /> may be the nominal party in such proc�eding, but Lender shall be en�itled�o participate in�he p�oceeding and to be
<br /> represented in the proce�ding by counsel af �ts own chaice, and Trus�or will del��er or �ause to be delivered ta
<br /> Lender such instruments and documenta�ion as may be r�quested by Lender ��om time '�o �ime to permit such
<br /> participation.
<br /> Appli�ation vf Net Proceeds. If all or any part of�he Prape�ty is condemned by eminent domain praceedings❑r by
<br /> any proceeding❑r purchase in li�u of condemnatian, L�nde�may at its electian require�ha�afl or any portion �f the
<br /> net proceeds ❑�the award be applied to the lndebtedness or the repair or restoration af the Prope�ty. The net
<br /> praceeds o�the award sha!! mean the award after payment of all reasona�ie costs, expenses, and attnrneys' fees
<br /> incurred by Trustee or Lende�in connec�ion with the condemnation.
<br /> IMPOSITI�N �F TAXES, FEES AND CHARGES gY G�VERNMENTAL AUTHC3R�TIES. The�o�low�ng pro�'tsions rela�ing
<br /> to governmenta!taxes, fees and charges are a part of this ❑eed of Trust:
<br /> Current Taxes, Fees and Charges. Upon request by �.ender, Trustor shali �xecute such do�uments in addition �a
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