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2� 1 7�2 79� ��E� oF -rRusT Laan No: '1�'13�25'i� �Continued} Page 4 Property �hen Lender may do so. It any activn ar proce�ding �s commenced tha� wvuld ma�erially a��ec� Lender's interests in the Proper�y, �hen Lender ❑n Trustor's behal� may, bu� is nvt required ta, �ake any action �hat Lender belie�es to be approp�iate to prote�� Lender's in�eres�s. All expenses Encurred o� paid by Lender for such purposes will then bear inter�s�at the rate charged under the Nv�e�rom xhe date incurred or paid by Lender ta�he date vf repaymen�t by Trustar. All such expenses will become a par�v�the Indebtedness and, at Lender's op�ion, wifl (A} be payable an demand; {By b� added �to the halance ❑f �he Nate and be appor�ianed amvng and be payahle with any installment payments ta became due during e�th�r {�} the �erm af any applicable insurance policy; �r ��y the remaining �erm of �th� I�ote; fls t�� ha�r�at�d as a bal�va� payment wh4�h wi41 be due and payab�e at the No�e's matu�ity. The D�ed vf Trust also will secure paymen�Qf�hese am�un�s. The rights provEded �or in this paragraph sha�E be �n addi�ion �o any vther righ�s or any remedies ta which Lender may be en�itIed ❑n accoun� o� any de�aul�. Any such ac�ion by Lender shall not be�vnstrued as curing the de�ault sa as�❑ bar Lend��rom any remedy�hat it o�therwise would haWe had. WARRANTY; DEFENSE DF TiTLE. The foflo►►ving proWisians relating ta ownership��f the Property a�e a part v�this Deed of Trust: Tit1e. Trustar warran�s tha�t: {a� Trustor holds good and marke�tabl� tit�e af recard to the Praperty �n ��e simple, fr�e and clear of all �iens and encumbrances other than �hvse set �orth in the Real Property description or in any title Ensurance policy, titfe report, �r final t�tle opinion issued in �a�ar o�F, and accepfied by, Lender in cvnnection with this Deed o�Trust. and tb}Trustor has�he�uli right, power, and authori�y to execu�e and deli�er this Deed of Trust ta Lender, D�f�ns� af Ti�ie. Sub3ect ta �he exceptivn in the paragraph aba�e, Trustar v+rarrants and wil� �ore�er de�end �he fiitle ta the Praperty agains�the law�u� c�aims af al! persons. in th� event any ac�ivn ❑r proceeding is commenced that questi�ns Trustor's�it�e ar�he in�terest of Trus�ee ar Lender under this Deed ❑�Trust,Trustar shall de�end the aGtian at Trus�vr's �xpense. Trustor may be the nominal party in such proceeding, iou� Lende� shall be en�ittied tv participa�e in th� prviceeding and ta be �epresen�ed in the proceed�ng by �ounsel of Lender's awn �haice, and Trustor wiil deliWer, ar cause t❑ b� deli�ered, to Lender such instruments as Lender may request frvm time tv time �o p�rmi�such participation. Compliance 1Ni#h Laws. Trustor warran�s that the Prvperty and Trustor's use of �he P�operty camplies vuith all exis�ing applica�ie la►nrs, ordinances, and r�guiatians v�ga�ernmental autharities. Survival of Promises. AI� promises. agreem�nts. and sta�emen�s Trus�or has made in this �eed af Trust shall sur�i�e the executian and deli�ery a�this Deed ❑t Trust, shall be con�inuing in na�ure and shall remain in full force and effe�t until such time as Trustor's �ndeb�edness is paid in#ull. C�NDEMNATI�N. The�following provisions rela�ing to condemna�ivn proceedings are a par�o�this Deed❑�Trust: Proceedings. i� any prviceeding in condemnativn is �i�ed, Trus�or shai� pr�mptly noti�y Lender in ►rvriting, and Trustor shall promptiy take �uch s�eps as may he ne�essary �v defend �he action and obtain the award. Trusto� may be the nomina� party in such praceeding, but Lender shajl be entitied�o par�icipate in the proceeding and�❑ be represented in the proceeding by counse� of its awn choice, and Trustor will deliver vr cause to be delive�ed �fl Lender such ins�ruments and documen�ation as may be requested by Lender �rom time to �ime to permi� such partEcipation. Application of Net Praceeds. ��all or any part of the Property is cvndemned by eminent damain proceedings vr by any proceeding❑r purchase in lieu of condemnatian, Lender may at its election require that aIf vr any pvrtian o�ths n�t prv�eeds o� �he award be applied tv �he �ndebtedness vr the repair ar r�staration o� �he Praper�y, The ne� prviceeds o�the award shal! mean the award after payment ofi a!I teasonal�ie costs, expenses, and attorneys' �ees incurred by Trus�ee ar Lender in conne�tian with the condemnation. IMP�5ITIDN �F TAXES, FEES AND CHARGES BY G�VERNMENTAL AUTH�RITlES. The �o!lowing pro�isions r��ating to go�ernmental�axes, tees and cha�ges are a part o��his Deed❑f Trust: Curren�Taxes, Fees and Charges. Upon request by Lender, Trustar shail execute such dacuments in addition to this aeed o�Trust and �ake whate�er❑�her actian is requested by Lender to per�ect and continue Lender's �ien ❑n the Real Property. Trustor shall reEmburse Lend�r for a�I taxesr as descrihed below, �agether with a1i expenses incurred in r�carding, pertecting or cvntinuing �his Deed a� Trust, including w��hout limita#ian ail taxes. ��s, dvcumentary stamps, a�d oth�r charges�or recording or registerir�g this Qeed❑f Trus�. Taxes. Ths fo�lowing shali cans�Etute taxes to which this sec�ion app�ies: �'i� a speci�ic tax upon this type ❑� Deed �f Trust or upon afl ❑r any part o��he �ndeb�edness secured by this Deed ❑�Trust; �2� a speci�ic tax on Trustor which Trusfivr is authari�ed ❑r required�o deduct from payments an the Indehtedness secur�d by this�ype af Deed af Trust; {3� a�ax on this �ype of Deed ❑f Trus�chargeable against th� Lender or the holder o�the N��e; and �4y a speci�ic tax on aI1 ar any por�inn ❑�th� �ndeb�edness ❑r on paymen�s a� principal and interest made by Trustvr. Subse�uent Taxss. lf any tax to which this sec�ion applies is enact�d subsequen� �o th� date v� this Deed a� Trust, this e�en� shafi ha�e the same effe�� as an EWent ot Default, and Lender may ex�rcise any or aI! of i�s a�aijab[e remedies far an E�ent ofi De�aul� as pro�ided b�low unless Trustvr ei�her �1� pays the tax betore it becvmes delinquen�, or {�� contes�s the �ax as pro�ided ahvve in the Taxes and Liens sec�ion and depvsi�s with Lender Gash or a su�fticient corparate sure�y band or other secur�ty sa#is�ac�vey t❑ Lender.