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2� 17� 19�8 aEEa oF T�usT Loan N�: 1�13�3482 �C�ntinued} Page 4 encumbran�es, and other claims, �B� t❑ pro�ide any required insurance vn fihe Proper�y, or �C� ta make repa�rs to the Property then Lender may do so. lt any acfion or proceeding is commenced that wauld materially affe�-� Lender's interests in the Praper�y, then Lender ❑n Trus�v�-'s behalf may, but is not �equired �o, take any action �ha� Lender belie�es �o be apprflpriafe to prvtect Lender's interests. A!I expenses incurred ❑r paid by Lender�For such purp�ses will then bear interest at fihe rafie charged under the Note from the date incurred vr paid by Lender ta�he date o�repaymen� by Trus�vr. All such expenses will become a par�of the lndebtedness and, at Lender's optivn� v►rill {Ay be payal��e an demand; �By be added to th� balance vf the Not� and be apportioned amvng and be payable with any insta[[m�nt payments to become due during eifiher {1} the term v� any applicable insurance po[icy; or {2y the remaining term vfi �he Note; or �C} be �reated as a ball��n paymen�which will be due and payable afi fihe Nvfie's ma�urity. The Deed ❑f Trust a!s❑ wif[ secu�e payment of these amounts. The rigF�ts pro�ided fior in this paragraph shall be in addition to any other righ�s or any remedies to which Lender may be en�itled ❑n accoun�t a� any defauEt. Any such activn by Lender sha[[ not be cvnstrued as curing�he default so as to bar Lender fram any remedy fihafi i�❑�herwise wvuld haWe had. �JVARRANTY; DEFENSE�F TITLE. The fvl�owing pravisi�ns rela�ing to flwnership❑f�he Property are a part af this Deed ❑f Trust: Title. Trustor warrants that: {a} Trustar haids gaad and markefiable titfe v� recvrd t❑ the Prvperty in fee simple, �ree and clear o-F all liens and encumbrances ❑�her �han those se� fvrth in the Real Property description or in any �i�le insurance policy, title report. ar final title opinion issued in fa�vr ofi, and accepted by, Lender in �onnectian with this Deed a�Trust, and �b} Trus�vr has fihe full right, power, and aufhvrify ta execute and de�i�er this ❑eed af Trus��a Lender. Defense of Ti��e. Subject �v �he exceptivn in the paragraph abo�e, Trus�or warrants and wi11 fore�er defend the title t❑�he Prap�rty against the lawful claims ❑f a[[ persons. ln the e�en� any activn or pro�eeding is commenced that questions Trustor's title or the in�erest of Trustee vr Lender under�his ❑eed of Trust, Trustvr shall defend the action a�Trus�vr's expense. Trustor may be the nominal party in such proce�ding. but Lender shall be en�i�led �o par�icipate in �he prviceeding and to �e r�presen�ed in th� praceeding by counsel of Lender's own chvice, and Trustar will deli�er, ar cause ta b� de[iW�r�d, to Lender such ins�ruments as Lender may request frvm time ta time tv permit such parfiicipafiion. Cvmpliance V�lith Laws. Trus�vr warran�s �ha� the Property and Trustor's use ofi fihe Praperfy �omp[ies with a[[ existing applicable�aws, ❑rdinances, and regulations ❑f go�ernmen�al authari�ies. 5urvival af Promises. All pramises, agreements, and statements Trustor has made in this aeed ❑f Trust shall sur�i�e the execu�ion and deli�ery o�this Deed ��Trust, shall be cantinuing in na�ure and sha11 remain in full force and effec�un�il such time as Trustor's Indebtedness is paid in fiull. C�NDENtNATI�N. The following proWisions relating to condemna�ian proceedings ar� a par�a�fihis ❑eed af Trusf: Proceedings. If any proceed�ng in condemnatian is filed, Trusfinr sha[l p�omptly notify Lender in writing, and Trustor shal[ prompt[y fiake su�h s�eps as may be necessary�o defend th� action and �btain the award. Trus�or may�e the nomina[ party in such praceeding, but Lend�r sha[l be entit�ed tv par�icipate in the prv�eeding and to be represented in the prviceeding by cvunsel �� i�s vwn chaice. and Trustar will deli�er o� cause �o be deli�ered to Lender such instruments and dvcumentation as may be requested by Lender fram time t❑ time to permit such participafiivn. Applica�ion a#Net Praceeds. l�af� ar any par�o�the Praperty is condemned by eminent damain p�-viceed�ngs vr by any proceeding ❑r purchase in lieu af�andemnafiion, Lender may at ifs elec�ivn require that a!! or any por�ion of the net proceeds of�he award be applied t❑ the indeb�edness vr the repair or resfivrafii�n of the Praper�ky. The net praceeds of the award shall mean the award after paym�nt o�all reasonahle costs, expenses, and attorneys' fees incurred by Trus�ee or Lender in canne�tion with the cvndemnation. IMPC35�Ti�N �F TA�CES. FEES AND CHARGES BY GOVERNIV�ENTAL AUTH�RITIES. The f�llawing provis�ons re[a�Eng to gv�ernmental taxes,�Fees and �harges are a part af this De�d of Trus�: Curren�Taxes, Fees and Charges. Upon request by Lender, Trustvr shall execu�e such documents in additivn t� �his ❑eed of Trust and fiake whateWer ❑the�- a�#ion is requested by Lender to perfe�t and cvntinue Lender's lien on the Real Property. Trus�or shall reimburse Lender far a[[ �axes, as described below, �tv�ether with all expenses incurred in recarding, perfec�ing or can-kEnuing �his Deed vf Trus�, including wi�hau� fimitation all taxes, �ees, documentary stamps, and v�her charges fvr recording or regist�ring th�s Deed��Trus�. Taxes. The following shall c�nstitu�e taxes to which this sectivn applies: �1} a specific tax upon this type nt Deed ❑f Trust or upon alE or any part o�the [ndebtedness secured by this Deed ofi Trus�; �2} a specific tax ❑n Trusfo�-which Trustor is authorized ❑r required t❑ deduct from payments on the Indeb�edness secured by�his type of Deed of Trust; �3� a�ax on this type v�Deed vf Trust chargeab�� against the Lender or the halder of the No�e; and {4y a specific tax❑n all ar any partian af the lndebtedness or vn payments af principa[ and interest made by Trustvr. Subsequen�k Taxes. lf any tax to which �his secfiian applies is enacted subsequent to �he da�e ❑f this Deed o� Trust, this e�en� shall hav� �he same effect as an E�enfi v� ❑efau[t, and Lender may exercise any vr all af i�s avai[abEe remedies �or an E�ent ❑f D�fault as prv�ided befow unfess Trus�or ei�ther ��} pays fihe �ax i��re i� becomes delinquent, ❑r {2y con�ests �he tax as pro�ided abv�e in the Taxes and Liens se��ivn and depvsi�s wi�h Lender cash ar a sufficient carpvrate surety bond vr�ther security satisfactory to Lender.