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<br /> ; 99��3`�9� DEED OF TRUST Page a
<br /> �'s^ (Continued)
<br /> Compllance with Exisffng Indebtedness. During the period in which any Existing Indebtedness described below is in effect,compliance with the
<br /> insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute complianCe with the insurance provisions
<br /> under this Deed of Trust,to the extent compliance wiih the terms of this Deed of Trust would constitute a duplication of insurance requi�ement. If
<br /> any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that
<br /> portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br /> 11. D(PENDITURES BY LENDER. If Grantor tails to comply with any provision of this Desd of Trust, including any obligation to maintain Existing
<br /> Indebtedness in good standing as required below, or if any action or proceeding is commenced that would materially affect Lender's interests in the
<br /> Property,Lender on Grantor's behalf may, upon notice to Grantor, but shall not be required to, take any ection that Lender deems appropriate. Any
<br /> amount that Lender expends in so doing will bear interest at the rate charged under the Credit Agreement trom the date incurred or paid by Lender to
<br /> the date of repeyment by Grantor. All suCh expenses,at Lender's option,will (aj be payable on demand,or (b)be added to the balance of the credit
<br /> line. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other nqhts w
<br /> any remedies to which Lender may be en6tled on account of the default. Any such action by Lender shall not be construed as curinfl the default so as
<br /> to bar Lender trom any remedy that it otherwise would have had.
<br /> 12. WARRANT1f;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a paR of this Deed of Trust.
<br /> Tltle. Grantw warrants that: (a)Grantor holds good and marketable title of record to the Property(including a leasehold interest,it any),free and
<br /> dear of all lieris and encumbrances except those of record, and (b)Grantor has the full right, power, and authority to execute and deliver this
<br /> Deed of Trust to Lender.
<br /> Defenx of Tftle. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
<br /> iawful cleims ot ell persons. In the event any aciion or proceeding is commenced that questioris Grantor'S title or the interest of Trustee or Lender
<br /> under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor 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 Grantor wifl deliver,or
<br /> cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation.
<br /> Complfance Wfth L.ews. Grantor warrants that the Property and Grantor's use of the Property complies wifh all existing appliCBble laws,
<br /> prdinances,end regulations of governmental suthorities.
<br /> 13. DCISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the"Existing Indebtedness")are a part of this Deed of
<br /> Trust.
<br /> E�dsil�y Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an exisfing lien,if there is such a lien.
<br /> Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
<br /> indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security dxuments for such
<br /> indebtedness.
<br /> No Modfflcatfon. Grantor shall not enter into any agreement with the holder of any mortgage, deed of hust, or other security agreement which
<br /> has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of
<br /> Lender. Grantor shall neither request nor accept any future advances under any such secunty agreement without the prior written consent of
<br /> Lender.
<br /> 14. CONDEMNATION. The following provisions relating to proceedings in condemnation are a part of this Deed of Trust.
<br /> Appllcatlon of Net Prxeeds. If all or any part of the Property is condemned,Lender may at its election require that all or any portion of the net
<br /> proceeds of the award be applied to the Indebtedness under the LOANLINER�Home Equity Plan,subject to the terms of any mortgage or deed of
<br /> hust with a I'�en which has priority over this Deed of Trust. The net proceeds of the award shall mean the award after payment of all reasonable
<br /> costs,expenses,end attorneys'fees necessarily paid or incurred by Grantor,Trustee or Lender in connection with the condemnation.
<br /> Proceedinps. If any proceeding in condemnation is filed, Grantor shall prompdy notify Lender in writing,and Grantor shall prompdy take such
<br /> steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be
<br /> en6tled to participate in the proceeding and to be represenied in the proceeding by counsel of its own choice,and Grantor will deliver or cause to
<br /> be delivered to Lender such instruments as may be requested by it from time to time to permit such participation.
<br /> 15. 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 Charyes. Upon request by Lender, Grantor shall execute such dxuments in addition to fFiis Deed of Trust and take
<br /> whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
<br /> taxes,as described below,together with all expenses incurred in recording,pertecting or continuing this Deed of Trust,including without limitation
<br /> all taxes,tees,documentary stamps,and other cherges for recording or registering this Deed of Trust.
<br /> Texes. The following shall constitute taxes to which this section applies: (a)a specific ta�c upon this type of Deed of Trust or upon all or any part
<br /> of the Indebtedness secured by this Deed of Trust; (b)a specific tax on Grantor which Grantor is authorized or required to deduct irom payments
<br /> on the Indebtedness secured by this rype of Deed of Trust; (c)a tex on this rype of Deed of Trust chargeable against the Lender or the holder of
<br /> the Credit Agreement;and (d)a specific tax on all or any portion of the fndebtedness or on payments of principal and interest made by Grantor.
<br /> 16. Fl1RTHER ASSURANCES. The following provisions relating to fu�ther assurances are a part of this D9ed of Trust.
<br /> Further Assurances. Upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed w delivered,to Lender
<br /> or to Lenders designee,and when requested by Lender,ceuse to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and
<br /> in such olfices and places as Lender may deem appropriate, eny and all such mortgages, deeds of trust, security deeds, security agreements,
<br /> financing statements,continuation statements, instruments ot further assurance,certificates, and other documents as may,in the sole opinion of
<br /> Lender,be necessary or desirable in order to effectuate,complete,pertect,continue, or preserve (a)the oblpatiorts of Grantor under the Credit
<br /> Aqreement,this Deed of Trust,and the Related Documents,and (b)the liens and security interests created by this Deed of Trust on the Property.
<br /> Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in
<br /> connection with the matters referted to in this paragraph.
<br /> 17. FU1 PERFORMANCE. If Grantor pays atl the Indebtedness when due, terminates the credit line account, and otherwise performs all the
<br /> obligations imposed upon Grantor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full reconveyance.
<br /> ts. DEFAIL.T. Each of the following, at the option of Lender,shall constitute an event of defautt ("Event of DefauN") under this Deed of Trust: (a)
<br /> Graritor commits fraud or makes a material misrepresentation at any time in connection with the credit Iine account. This can include, for example,a
<br /> false statement about Granfors income, assets, liabilities, or any other aspects of Grantor's financial condition. (b) Grantor does not meef the
<br /> repayment terms of the credit line account. (c)Grantors action or inaction adversely affects the cdlateral for the credit line account or Lender's rights in
<br />� the cdlateral. This can include,for example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay t8xe5, death
<br /> ot all persens liable on the account, trar.sfer of title or sale of the dwelling, creation of a lien on the dwelling without our perm�ssion, foreclosure bv the
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