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DEED OF TRUST <br />200007938 (Continued) <br />Page 3 <br />under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. AN such expenses will become a part of the <br />Indebtedness and, at Lender's option,, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and <br />be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remaining <br />term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Property also will secure <br />payment of these amounts. The rights provided for In this paragraph shall be in addition to any other rights or any remedies to which Lender may <br />be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any <br />remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />TNIe. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all lens and <br />encumbrances otter than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title <br />insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) <br />Trustor has the full right, power, and authority to execute and delver this Deed of Trust to Lender. <br />Defense of TIMe. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the titre to the Property against <br />the lawful claims of all poisons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or <br />Lender under this Deed of Trust, Truster shall defend the action at Trustor's expense. Trustor may be the nominal party In such proceeding, <br />ed in the proceeding by counsel of Lender's own choice, and <br />but Lender shall be entitled to participate in the proceeding and to be represent <br />Trustor will deli cause t i'srr; 4uu i ktuAe as Lander. :may request from► time. to tine to permit such <br />tN•�pa� _,, <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Promises. All promises, agreements, and statements Trustor has made 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 force and effect until such time as Trustor's Indebtedness <br />Is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and Inferior to an existing lion. Trustor expressly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any <br />default under the Instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. <br />whichhhas priority Trustor shall <br />not enter <br />Into any agreement with the <br />which that agreement is modified, any mortgage, deed of trust, or other security <br />extended, or renewed without the priowrittenn <br />consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written <br />consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender In writing, and Trustor shall promptly take such <br />steps as may be necessary to defend the action and obtain the award. 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 proceeding by counsel of its own choice, and Trustor will <br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit <br />such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the <br />Indebtedness or the repair or restoration of the Property. The net. proceeds of the award shall mean the award after payment of all <br />reasonable cods, exl'►ell4fis, and attorneys' fees_inciff-ed by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />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 documents in addition to this Deed of Trust and <br />take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including <br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from <br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender <br />or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Truster. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the <br />same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below <br />unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens <br />section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part <br />of this Deed of Trust: . <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures or other <br />personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to <br />time. , <br />Security interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by <br />Lender to perfect and continue Lender's security interest In the Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions <br />of this Deed of Trust as a financing statement. Trustor shah reimburse Lender for all expenses incurred in perfecting or continuing this <br />security interest. Upon" default, Trustor shall assemble the PersonM Propa:y in a manner and at a place reasonably convenient to Trustor <br />and Lender and make N available to Lender within three (3) days after receipt of written demand from Lender. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest <br />Wanted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this <br />Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY- IN-FACT. The following provisions relating to further assurances and attorney -i"ct are a part of this <br />Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and delver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or <br />rerecorded, as the case may be, at such tines and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, <br />certificates, and. other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Trustors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and <br />security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by <br />Is or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in Connection with the <br />matters referred to in this paragraph. <br />Ariorney -Uri -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Trustor and* at Trustor's expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustors aftorneyoin -fact for the <br />purpose of making, tinecuting, delivering, fling, recording, and doing all other things as may be necessary or desirable, In Lender's sole <br />