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2000052'75 <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants <br />and will forever defend the title to the Property against the lawful claims of all persons. <br />In the event any action or proceeding is commenced that questions Trustor's title or <br />the interest of Trustee or Lender this Deed of Trust, Trustor shall defend the action at <br />Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender <br />shall be entitled to participate in the proceeding and to be represented in the <br />proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be <br />delivered, to Lender such instruments as Lender may request from time to time to <br />permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the <br />Property complies with all existing applicable laws, ordinances, and regulations of <br />governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and <br />agreements made by Trustor in this Deed of Trust shall survive the execution and <br />delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full <br />force and effect until such time as Trustor's indebtedness shall be paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this <br />Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify <br />Lender in writing, and Trustor shall promptly take such steps as may be necessary to <br />defend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or <br />cause to be delivered to Lender such instruments and documentation as may be <br />requested by Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent <br />domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender <br />may at its election require that all or any portion of the net proceeds of the award be <br />applied to the indebtedness or the repair or restoration of the Property. The net <br />proceeds of the award shall mean the award after payment of all reasonable costs, <br />expenses, and attorneys' fees incurred by Trustee or Lender in connection with the <br />condemnation. <br />IMPOSITION OF TAXES, FEES, AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following <br />provisions relating to governmental taxes, fees, and charges are a part of this Deed of Trust: <br />Current Taxes, Fees, and Charges. Upon request by Lender, Trustor shall execute such <br />documents in addition to this Deed of Trust and take whatever other action is <br />requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor <br />shall reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Deed of Trust, including without <br />limitation all taxes, fees, documentary stamps, and other charges for recording or <br />registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific <br />tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured <br />by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized and <br />required to deduct from payments on the indebtedness secured by this type of Deed <br />of Trust; (3) a tax on this type of deed of Trust chargeable against the Lender or the <br />holder of the Note; and (4) a specific tax on all or any portion of the indebtedness or <br />on payments of principal and interest made by Trustor. <br />Subsequent Taxes. If any tax to which this section applies, is enacted subsequent to <br />the date of this Deed of Trust, this event shall have the same effect as an Event of <br />Default, and Lender may exercise any or all of its available remedies for an Event of <br />Default as provided below unless Trustor either (1) pays the tax before it becomes <br />delinquent, or (2) contests the tax as provided above in the Taxes and Liens section <br />5 <br />