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2� 1 ��7781
<br /> D�ED �F TRUST
<br /> Loan No: 1 D'13�D'I�1 �Cantinued� Page 5
<br /> title to the Property against the lawful claims of all persons. In the e�ent any actian or proceeding is cammen��d
<br /> tha�questivns T�ustor's title ❑�the interest❑f Trustee or Lender under this Deed of Trust, Trustor �hall de�end the
<br /> action at Trustar's expens�. Trust�r may be the nominal party in such praceeding, but Lender shall be enti�led to
<br /> participate in the praceeding and tv be represented in the pr�ceeding by counsel �f Lender`5 awn choi��, and
<br /> Trustar will delf�er, or cause tv be deli�ered, to Lender such instruments as Lender may request from time to time
<br /> to permi�su�h parti�ipation.
<br /> Campliance With Laws. Trustar warrants that the Property and Trustor`5 use of the Prflperty camplies with a�!
<br /> existing applicable laws, ❑rdinances, and regulations of go�ernmentai auth�rities.
<br /> 5ur�i�al af Representations and Vllarranties. All representations, warran�ies, and agreements made by Trustar in
<br /> this Deed af Trus� shalf sur�i�e the execution and deli�ery of this {�eed of Trust, shall be continuing in nature, and
<br /> shall remain in full force and effe�� until such time as 6orrvwer's Indebtedness shall be paid in full.
<br /> EX�ST�NG INDEBTEONESS. The �ollvwing pra�isions �ancerning Existing lndebtedness are a part�f this Deed ❑f Trust:
<br /> ExEs�ing Lien. The lien af this �eed ❑f Trust securrng the Indebtedness may be secondary and inferiar to an
<br /> existing lien. Trustar expressiy co�enants and agrees t❑ pay, ar see t❑ the payment a�, the Existing �ndebtednes�
<br /> and t❑ pre�ent any default on su�h indebtedness, any default under the instruments e�idencing such indebtedness,
<br /> or any default under any security documen#s fvr such indebtedness.
<br /> No Mvdificat�on. Trustor shail not enter intv any agreement with the ho�der af any martgage, deed vfi trust, or
<br /> other se�urity agreement which has priority v�er this Deed of Trust by vuhich that agreement is madified,
<br /> amended, extended, ar renewed withou� the prior written consent of Lend�r. Trustor shall neither requ�st nor
<br /> aGcept any futu�e ad�an�es under any such security agreement wi�hvut the prior written �o�sent of Lender.
<br /> CONDEMNATIQN. The following pra�isions relating ta Gondemnation pra��edings are a part of this Deed n�Trust:
<br /> Prviceedings. If any proceed�ng in cvndemnatian is fi�ed, Trustar shall promptly notify Lender in writing, and
<br /> Trustar shall promptly take suCh 5t�P5 as may be n�cessary to defend the action and obtain th� award. Trustar
<br /> may be the nominal party in such proceeding, but Lender shall be entitled to participate in the praceeding and to be
<br /> represented in �he p�aceeding by counsel af its own ehaice, and Trustor will deli�er or cause to �e deli�ered to
<br /> L�nder such instrumenis and d�cumentatian as may be requ�sted by Lender from time t❑ time t❑ permit such
<br /> participation.
<br /> Appl�catian ❑f Net Praceeds. !f all or any part af the Prape�ty is condemned by eminent doma�n proceedings vr by
<br /> any proceeding ar purchase in lieu of condemnation, Lender may at its election require that all vr any portion of the
<br /> net proceeds of the award be applied t❑ the Indebt�dness vr the repair ar restarativn vf the Pr�perty. The net
<br /> proceeds of the award shall mean the award a�ter payment af all reasanable casts, expenses, and attvrneys' fees
<br /> in�urred by Trustee ❑r Lender in connection with the condemnation.
<br /> IMPDSITIDN DF TA?�ES. FEES AND CHARGES BY GOVERNMENTAL AUTHpRiT�ES. The following prv�isivns relating
<br /> t❑ go�ernmental taxes, f�es and charges are a part of this Deed ❑f Trust:
<br /> Current Taxes, Fe�s and Gharges. Llpon request by Lender, Trustvr shall exeGute such da�uments in addition to
<br /> this Deed vf Trust and take whate�er ❑ther a�tion is requested by Lender ta perfect and continue Lender's lien on
<br /> the Real Praperty. Trustar shall reimburse L�nder fnr a�l taxes, as described below, together with all expenses
<br /> incurred in re�ar�ding, per�e�ting ❑r continuing this Deed o� Trust, including wi�khaut limitation all taxes, fees,
<br /> do�umentary stamps, and ❑ther charges for recvrding ar registering this Deed ❑�Trust,
<br /> Ta�ces. The follaw�ng shall constitute taxes to which this section applies: ��} a spe�ific tax upon this type of
<br /> Deed of Trust or up�n al! or any part �f the Indebtedness secured by this Qeed of Trust; {�� a spe�ific tax an
<br /> Borrawer which Borrower is authnrized or required to deduct fram payments �n the Indebtedness secured by this
<br /> type of ❑eed of Trust; �3� a tax on this type af Deed ❑f Trust chargeab�e a�ainst the Lender ar the hvlder ❑f the
<br /> Nate; and t4� a sp��ific tax on all or any pvrt�an of the Indebtedness ❑r on payments of principal and interest
<br /> made by Borrower.
<br /> Suhsequent Taxes. If any tax tn which th�s section applies is enacted subsequent �❑ the date vf this Deed of
<br /> Trust, this e�ent shall ha�e the same effect as an E�ent ❑f Defau�t, and Lender may exercise any vr all af its
<br /> a�ailable remedies ��r an E�ent af ❑efauft as pravided b�law unless Trustor either �1� pays the tax before it
<br /> be�omes de�tnquent, �r {�� cvntests the tax as pro�ided abo�e in the Taxes and Liens sectfon and deposits with
<br /> Lender cash ❑r a suf#i�ient �arpvrate surety band or other security satisfactory t❑ Lender.
<br /> SECUR�TY AGREEMENT; FINANCING STATEMENTS. The fvllawing pr��isions relating t❑ this Deed of Trus� as a
<br /> se�urity ag�e�ment are a part❑f this Deed of Trust:
<br /> Se�urity Agreement. This instrument shall cvnstitute a Security Agreement �o the extent any of the Property
<br /> canstitut�s tix�ures, and Lender shall ha�e al! v� the r�ghts ❑f a secured party under the Uniform Cammercial �ade
<br /> as amended fram time to time.
<br /> Security lnt�res�. L1pon request by Lender, Trustor shall take whate�er actian is requested by Lender ta perfect
<br /> and continue Lender's security interest in the Rents and Personal Property. !n addition t�o recording this Deed af
<br /> Trust in the real p�operty reca�ds, Lender may, at any time and without further authorizativn fram Trustvr, file
<br /> execu�ed counterparts, copies vr repraductions of th�s ❑eed vf Trust as a f�nancing statement. Trustor shal�
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