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2� 17��8�7 DEED �F TRUST �Contir�u�d} Page 4 believes�o be appropria�e tv p��tect Lender's in�erests. All expenses incurred or paid by Lender for such purposes will then bear interest at�he ra#e charged under�he Credit Agreement from �he da�e incurred or paid by Lender ta the date o� repaymen� by Trustor. All such expenses wi�l becvme a part o�the lndeb�edness and, at �ender's option, will (A} be payable on d�mand; �B} be added to the balance of the Credi� Agreement and be appor�ioned among and be payable w�th any insta�[ment payments�o become due during either �1} �he term of any app�icable insurance pal�cy; or (�} the remain�ng term of the Credit Agreement; ar [C} be��eated as a ba�loon payment whi�h will be due and payable at�he Cred�t Agreement's maturi'�y. The Deed of Trust aiso wi�l secure payment of these amaun�s. The righ�s pro�ided far in this paragraph shall be in addition to any other rights or any �emedies�o which Lender may be enti�led on ac�ount af any defaui�. Any such action by L�nder sha1� no� be cans#rued as curing the default so as to bar Lender�ram any remedy that it otherwise wou�d have had. WARRANTY; ❑EFENSE�F T�TLE. The�ollowing pro�isions relating to ownership of the Property are a part of this Deed o�Trust: Title. Trustor warrants that: �a} Trustar ho�ds good and mark�table title o��ecord to �he Property in fee s�mp�e, free and cfear of all liens and encumbrances other than those set for�h in the Real Property descr�ption or in any ti�le insurance policy, title repor�, or final titl� opin�on issued in fa�or af, and accep#ed by, Lender in connec�ion with this Deed af Trust, and �b}Trustor has th�full right, power, and authori�y to e�cecute and deli�er this [3eed of Trust to Lender. Defense of Ti�le. Sub�ect to the excep�ian in the paragraph abo�e, Trustvr warrants and will fore�er defend th� ti��e to the Property against the law�ul claims of ali persons. In �he e�en� any action or proceeding is commenced that ques�ians Trusto�'s title or th� in�erest o�Trustee or Lender under this Deed of Trus�, Trustor sha�! defend the action at Trus�or's expense. Trus#ar may be the nominal party in such proceeding, but Lender shal! be en�itled to participa�e in the proceeding and to be represented in �he proceed�ng by counse[ af Lender's �wn �ho�ce, and Trus#ar will deli�er, or cause�o be d��i�ered, to Lender such instruments as Lender may reques�from �ime ta�ime to permit such par�ic�pation. Campliance 1Nith Laws. Trus�or warrants �hat �he P�oper�y and Trus�or's use of the Property complies with a[� existing app[icab{e�aws, ard�nances, and regula#ivns of go��rnmental authorities. Survi�al of Prom�ses. A�I pr�mises, agreemen�s, and statements Trustor has made En this D�ed of Trust shafl survi�e �he execu�ion and defi�ery v�'�his Deed of Trus�, shall b� cant�nuing in nature and shall remain in fu�l farce and effec�un�i1 such time as Trustor's lndebtedness is paid in fu�l. C�NDE�IINATI�N. The follawing pro��sions rela�ing to condemnation praceedings are a part o��his Deed of Trust: Proceedings. lf any proceed�ng �n candemnation is fled, Trus�or shal� promptly n�tify Lender in writing, and Trusto�shall p�-amptfy take such steps as may be necessary tv defend th� action and abtain the award. Trus�or may be�he naminal pa�ty in such �roceeding, but Lender sha{1 b��nti�led to participa�e in the p�oceeding and to be represented in the prviceeding by c�unsel vf its own choice, and Trusto�wi�l deli�er or �ause to be de��sred to Lender such instrum�nts and documentation as may be requested by L�nder ��om time to time to permit such par�icipa�ion. Applicat�an of Net Proce�ds. [�'a[1 or any par#of the Property is condemned by em�nent domain proce�dings ar by any praceeding or purchase in lieu of c�ndemna��on, Lender may at its election require that a�l or any part�on of the net proceeds nf#he award be appl�ed #a the Indebtedness or the repair or restaration of the Proper�y. The net prQceeds of�he award shal! mean�he award after payment of all reasonable casts, expens�s, and a�torneys' fees incurred by Trustee or Lender�n connection w��h�he condemnation. I�PUSITI�N �F TAxES, FEES AND CHARGES BY GaVERNMENTAL AUTHDRITIES. The following pro�is��ns rela�ing ta governmenta[�axes, �ees and charges are a par�of this Deed af Trust: Current Taxes, Fees and Charges. Upon reques� by Lender, Trus�or shal! execu�e such documents in addition to this C]e�d of Trust and �ake whatever other act�on is reques�ed by L�nder�o perfec�and continue Lender's lien on �he Reai Proper�y. Trustor shall reimburse Lender for al� taxes, as described below, together with a[f expenses incurred in recording, per�ect�ng or cont�nu�ng �his aeed of Trus�, including with�ut lim�tation al� taxes, fees, documentary stamps, and oth�r charges for re�ording or��gistering this �eed o�Trust. Taxes. The fo!low�ng shal! constitute taxes to which this section applies: �1} a speci�ic �ax upon �his �ype o� ❑eed o�Trus� or upon a�l or any part a�the Indeb�edness secured by this Deed of Trus�; (�} a specific tax an Trustor which Trustor is authariz�d or required ta deduct from payments on fhe Indebtedness secured by this type of De�d of Trust; (3} a�ax on this#ype a�Deed o�Trust chargeable against�he Lender or the holder af the Gr�edit Agreement; and �4} a specific �ax on all or any port�on o�f the Indebtedness or on paymen�s of principal and in�erest made by Trus�or. Subsequen# Taxes, �� any tax to which this sec�ion applies is enac�ed subsequen� ta the date of �his I]�ed o� Trust, this event shal� have the same effect as an Event o� De�aul�, and Lender may exercise any o� all o� its ava�lable remedies for an Event vf Default as prv�ided be�ow unless Trus�or either �1} pays the �ax before it becomes de[�nquen�, or �2} can�ests�he tax as pro�ided above in the Taxes and Liens sec��on and deposits wi�h Lender cash or a suffi�ien�corporate surety bond or other security satis�a�tory�o Lender. SE�URITY A�REEMENT; FiNANCING STATEMENTS. The fo[[ow�ng prnW�sions r�la�ing to this ❑�ed of Trust as a