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2� 1 ��325 DEED �F TRUST Loan Na: 'i�1�98�79 ��ant�nued� Page 5 title to �he �roperty against�he lawfu! claims vf af� persons. In �he e�ent any activn ar pr�ceeding is commen�sd that�uestions T�-us�Car's title or the interest�#Trus�tee or Lender under this Deed o�Trust, Trustor shal! defend �he action at Trustar's expense. Trus#or may be the nomina� parfiy in such proceeding, but Lender shall be entifi�ed �o pa�ti�ipate in �he prv�eeding and ta be repr�senfied in the proceeding by counsel of Lender's awn choice, and Trus�or wifE deli�er, ar �aus�to be deli�ered, to Lender such instrumen�s as Len�er may reques�from time to time t❑ perm�t such par�icipation. Cvmpliance Vllith Laws. Trustor warrants tha� the Praper�y and Trustor's use of the Prvperty complies wi�h a�1 exis�ing applicab�e laws, ordinances, and regulations vf go�ernmenfial authvrities. Sur��va� vf Representations and 1Narranties. All representa�ivns, warran�ies, and agreements made by Trust�r in this ❑eed of Trus�shafl survive the execu�ion and delivery �f this Deed ofi Trust, shall be can�inuing in nafiure, and shall remain in�ull fvrce and effect un�i1 such tim� as Trustor's Indebtedness shall be paid in�u11. CONDEMNATI�N. The foil�wing prv�isi�ns relating to condemnation prvGeedings are a part ofi this Deed❑�Trus�: Proceedings, If any p�aceeding in cvndemna�tion is filed, Trustvr shall prompt�y nati#y Lender in writing, and Trus�or shall promptly take such steps as may be necessary to defend �he ac�ian and ❑btain the award. Trustvr may be the nominal party in such proceeding, but Lender shall be en�i�led�o participa�� in#he proceeding and ta be represen�ed in �he pr�ceeding by counsel of Ets ❑wn choice, and Trustar wil� deli�er or cause t❑ be deli�ered to Lender such instrumenfis and dvcumenta�ion as may l�e reques�ed by Lender from time to time to perm�t such par�icipativn. Application o�Net Proceeds. lfi a�l or any part of the Property is condemned by eminent damain praceedEngs ar by any proc�eding or purchase �n IEeu nf condemnatian, Lender may at its election require that all or any pvrtion of the ne� prviceeds o�` �he award be appEied �o the Indeb�edness ❑r the repair or restora�ion of the Prvperty. The net praceeds of the award shaE� mean �he award a�ter paymen� �� afl reasonable cvsts, expenses, and attvrneys' fees �ncurred by Trustee vr Lende�in �vnnection w�th�he condemna�ian. IMPQSiTI�N �F TAXES, FEES AND GHARGES BY G�VERNM�NTAL RUTH�RITIES. The fvClnwing pro�isions �ela�ing to go�ernmen�al taxes, �ees and charges are a part af this Deed vf Trust: Current Taxes, Fees and Charges. Upon �equest by Lender, Trustor shall execute such do�uments in a�lditivn fio �his aeed ❑�Trust and take whate�er other activn �s reques�ed by Lender to perfec� and continue Lender's lien on the Real Praperty. Trustvr shall reimburse Lender far al! taxes, as described below, tvgether wi�h all expenses incur�red in recarding, perfecting ❑r �ontfnuing �his Deed v� Trust, in�[uding withvut limitat�an all taxes, fiees, documentary stamps, and other charges for recording ❑r r�gis�ering this Deed ❑f Trust. Taxes. The fiol�awing shall canstitute taxes ta whi�h this sectivn applies: ��} a speci�ic tax upon this �ype af Deed of Trust or upon all ❑� any par� vf th� lndebtedness secured by this Deed af Trus�; t�} a specific tax on Trustor which Trustor is au�horized ❑r required to deduc�firam payments on the Indebtedness s�cured by�his type af aeed ❑f Trus�; �3y a tax on this type of Deed of Trust chargeable against the Lender or the holder of�he Note; and �4} a specifi� tax ❑n all or any portion of the Indebtedness or on payments o� principal and in�erest made by Trustor. Subsequent Taxes. If any fiax tv which this sectfon applies is enac�ed subsequent �❑ the dat� o� this Deed of Trust, �his e�en� shall have the same effect as an E�en� o� Defiault, and Lender may exe�-cise any or all of its a�ailab�e remedies �o�- an E�en� af Default as pro�ided belaw unEess Trus�or either {1� pays the tax befvre 3�C becomes delFnquent, or �2y c�n�es�s the tax as pro�ided abave in the Taxes and Liens section and deposits w�th Lende�cash or a su��cient corp�rate surety �ond vr ather security sat�sfactflry�o Lender. SECIJRETY AGREEMENT; FiNANCING STATEMENTS. The follvwing pro�isi�ns relating ta �his Deed of Trus� as a s�curity agreement are a part o�this Deed of Trust: 5ecurity Agreement. This instrument sha!! constitute a Security Agreement �o the extent any of the Pr�perty constitutes fix�ures, and Lender shall ha�e a!i of�he rights o� a secured par�y unde�the Unififlrm Cammercia� Code as amended �rom time�o time. 5ecuri#y Interest. Upan request by Lender, Trustvr shall take wha�e�er action is requested by Lender t❑ per#ect and cantinue Lender's s�curity interes� in the Ren�s and Persvnal Praper�y. ln additivn to recarding this Deed of Trus# in the r�al proper�y records, Lender may, at any time and without further authari�ativn frvm Trustor, #i�e executed counterparts, copies or reproductivns ❑� �rlk5 Deed ❑f Trus� as a �inan�ing statement. Trustar shall reimbu�-se L�nder for af� expenses incurred in perfecting v�- continuin� this security interes�. Upvn default, Trustor shall nvt remo�e, se�er ❑r de�ach the Pe�sonal Praperty frvm the Praper�y. Upon de�aul�, Trus�or shall assemhle any Personal Prvpsrty not affixed to the Properfiy in a manner and at a place reasanably can�enient to Trustor and Lender and make it a�ai�able to Lender w�thin three {3� days a#ter �-e�eipt of writ�en demand from Lender �o �he ex�ent permitted by applicable law, Addresses. The mailing addresses ❑� Trustor {debtor} and Lender �secured party} from which infarmativn concerning the securifiy interest granted by this Deed of Trust may be vbtaEned �each as required by th� Uniform Commercial �vdey are as stated vn the#irst page of�his Deed of Trust. FURTHER A55URANCES; ATTDRNEY-lN�FACT, The fallowing pra�isions relating t❑ fur�her assu�-ances and at�arney--in-fac�are a part nf this ❑eed o�Trus�: