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2� 17�243� DEED �F TRLJST ��onti n ued� Page 4 a� repayment by Trustor. All such expenses wi�! become a pa�t o�F the Indebtedness and, at Lender's op�ion, wil� �A} be payable on demand; (B} be added ta #he bafance of the Credi� Agreement and be apporkioned among and be payable w�th any installment paymen�s t� become due during�i�her ��} the term of any applicable insurance policy; or �2} the remaining t�rm of#he Credit Agreement; or ��} be treated as a bal�aon paymen�which will be due and payab�e a��he Credit Agreement's maturity. The De�d�f Trus�also wil!secure paymen�of�hese amaunts. The rights proWided for in this paragraph shall be�n additian ta any o�her rights o�any remedies to which Lender may he entitled on accvun� of any default. Any such action by Lender shall not �e construed as curing �he defaul� s❑ as ta bar Lender�rom any remedy�hat�t o�herwise would have had. VIIARRANTY; ❑EFENSE OF TiTLE. The€ollowing pro�isions relating to ovvnersh�p�f the P�operty are a part of�h�s aeed of Trust: Tit[e. Trustor wa�-rants #ha�: �a} Trustor ho�ds good and marke�able tifle of r�cord �o �he Proper�y �n fee simple, �ree and clear o�al� liens and encumbrances other�han �hose set far�h in the Rea! Praperty descripfion or in any tit�e insurance policy, �itle �epo�t, or fina! title opinion 155Ll�CI in fa�or of, and accepted by, Lend�r in connection wi�h this �eed ofi Trust, and �b}Trustor has the fu�l right, power, and authority to execute and deliver this Deed of Trust ta Lender. ❑efense af Title. Sub�ect to �he exceptian in the paragraph abo�e, Trustar warrants and will fa�eve� defend the �itle ta the Prope�ty against the lawful claims of a!I p�rsons. In the e�ent any ac�ion or proceeding is commenced that ques�ions Trus�or's fit�� or the interes�a�Trustee or Lender under�his �eed v�Trust, Trustor shall defend the ac�ion at Trus�ar's expense. T�us�or may be the nomina� par�y in such pr�oceeding, bu� Lender shalf be en�itled �a participate in �he p�oceeding and tv be represent�d �n �he proceeding by counse! af Lender's own choice, and Trustor will deli�er, or cause to be defi�ered, to Lender such ins�ruments as Lender may request from time t��ime to permit such participa�i�n. Compliance With Laws. Trustor warran�s tha� the Prape�ty and T�us�or's u�e of the Proper�y camp�ies w�th aIl existing app�icabl�laws, ord�nances, and regulatians o�F governmental authorities. Survi►►al of Pramises. AII promises, agreements, and s�atements Trus�or has made in this Deed o# Trust shall survi�e the execution and defivery of this �eed of Trust, shall be eon�inuing in nature and shafl remain in fu�l fvrce and�ffecf until such time as Trustor's Indebtedness is paid in�u��. CDNDEMNAT�DN. The�ollowing pro��sions re�a�ing tv con�lemnation proceedings are a part v�this De�d �f Trus#: Proceedings. if any proceeding in condemnation is fled, Trustar shall promp�ly natify Lender �n wri�ing, and Trustor shal� pramp�ly take such steps as may be necessary ta defend the ac�ian and obtain the award. Trus�or may be the nominal party in such proceeding, bu�Lender shall be entitled to participate in the proceed�ng and t� be represented in the proceeding by counse! of its own choice, and Trustor wil� deliWer or cause to be deli�ered to L�nder such ins�rumen�s and dacumentation as may be request�d by Lender from �ime to time ta perm�t such participation. Application ��Ne� Proceeds. �f all or any part af the Property is condemned by eminen�domain proceedings or by any proceeding or purchase in �ieu o�'condemnat�on, Lender may at i�s el�ction require tha�all or any portion of the net proceeds af the award be app�ied ta �he Indeb�edness or the repa�r or restoration o�the Property. The n�t proceeds of the award shall mean the award a�ter payment of a�f reasonable�asts, expenses, and attorneys' f�es incurred by Trus�ee or Lender in connection with#he condemna�ion. IMP�SIT[�N QF TAXES, FEES ANl7 CHARGES BY GDVERNMENTAL AUTHDRITIES. The foliowing pro�isions relating ta go�ernmen�al�axes, �ees and charges are a part�f�his Deed of Trus�: Curren# Tax�s, Fees and Charges. Upon request by Lender, Trustor shall exeeute such documents in add�tion to �his �3eed �f Trust and take whate�er other ac�ion �s requested by L�nde�to perfect and con�inue Lender's �ien �n the Rea[ Proper�y. Trustor shafl �eimburse Lender far al� taxes, as described below, together wifh al[ expenses incurred in r�cord�ng, perfec#ing or continuing this Deed vf Trust, including withvut lim�tat�on all �axes, fees, dacumen�ary s#amps, and other charges�or recarding or r�gis�ering this Deed a�Trust. Taxes. The fol�owing sha![ cons�itute taxes �o which �his sec��on appfies: (�} a spec�fic tax upon this �ype af Deed o�'Trust or upan al! or any part o�the lndebtedness s�cured by �h�s I3e�d o�Trust; (�} a specific t�x an Trus�or which Trustor is au�horized or required to deduct�rom payments an �he �ndebtedness secured by this type of Deed�f Trust; �3} a tax on this type�f Deed of Tr�st chargeable aga�nst the Lender or the ho[der o��he Credi� Agreemen�; and �4� a spec�fic tax an afl or any portion of �he lndebtedness or on payments of principa� and interest made by Trusto�. 5ubsequent Taxes. If any tax to which th�s sec�ion applies �s enacted subsequen� to the da�e of this Deed o� Trust, �his even# shall have the same effect as an Event of Defau��, and Lender may exercise any or all of i�s availabie �emedies fo� an Event af De�ault as pra�ided below unless Trustor either ('�} pays the tax before it becomes delinquent, �r �2� cont�sts�he tax as provided above in #he Taxes and Liens sectio�t and deposits with Lender cash or a sufficient corpara�e surety bond or other secu�ity satisfact�ry tv Lender. SEC�RITY AGREEMENT; FINANCIN� STATEMENTS. The fo1lowing pra�isivns relating to this aeed of Trust as a securi�y agreemen�are a part of this aeed❑f Trus�: S�curity Agreement. This ins�rument shal� constitute a 5ecuri#y Agreemen� to the extent any vf the Property