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9�` 1.�;399� Page a
<br /> ;��d� DEED OF TRUST
<br /> (Continued)
<br /> Compllance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect,ComplianCe with the
<br /> irtsurance provisions contained in the instrument evidencing such Existing Indebtedness shal�constltute complignce 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 requirement. If
<br /> any procceds �'om the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall 8pply only to IhBt
<br /> portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br /> �1, p(PENDITURES BY LENDER. If Grantor (ails to comply with any provision of this Deed 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 Lenders interests in the
<br /> prpperty, Lender on Grantor's behalf may, upon notice to Grantor, but shall not be required to, take any ac6on that Lender deems approPriate. Any
<br /> amount that l.ender expends in so doing will bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to
<br /> the date of repayment by Grantor. All such expense5, at Lender's option,will (a)be payable on demand,or (b)be added b the batanCe of the credit
<br /> line. This Deed of Trust also will secure payment of these amount5. The nghts provided fo�in this paragraPh shail be in addition to any other nghts or
<br /> any remedies to which Lender may be entitled on account of the default. Any suCh action by lender shall not be construed as curing the default so as
<br /> to bar Lender from any remedy that it otherwise would have had.
<br /> 12. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a p8rt of this Deed of Trust.
<br /> TIUe. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Propsrty(incfudi�9 a�easehold interest,if any),free and
<br /> ciear of all liens 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 lerder.
<br /> Detense ot Tltle. Subject to the exception in the paragraph above, Grantor warrants ard will forever defend the title to the Property against the
<br /> lawful claims of all persons. In the event any action or proceeding is commenced that qusstions 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 counsei of its ewn choice,and Grantor will deliver,or
<br /> cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation.
<br /> Compliance Wlth Lnws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
<br /> ordinances,and regulations of governmental authorities.
<br /> t3. DCISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the "Existing Indebtedness") are a part of this Deed of
<br /> Trttst.
<br /> Exlsriny l.ien. The lien of this Deed of Trust securing the Indebtedness may be secondary and infenor to an existing 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 detault under any security documentS tor such
<br /> inCebtedness.
<br /> Ho Modlflcatfon. Grantor shall not enter into any agreement with the holder of any moRgage, deed of hust, or other seCUrity agreement whiCh
<br /> has pnonty over this Deed of Trust by which that a9reement is modified, 2mended, extended, or renewed without the p�or wntten Consent of
<br /> Lendef. Grantor shall neither reGuest nor accept any future advanCes under any such security agreement without the pnor written Consent of
<br /> l.ender.
<br /> 14. CONDEMNATION. The`ollowing provisions rela6ng ro oroceedings In condemnation are a part of this Deed of Trust.
<br /> Apptication of Net ProceeCs. If all or any part of the Property is condemned, Lender may at its eleCtion require that ail or any portion of the net
<br /> proceeds of the award be applied to the Indebtedness under the LOANLINERO Home Equity Pfan,subject to the terms of any mortgage or deed of
<br /> fru5t with a lien which has pnority over this Deed of Trust. The net proceeds of the award shali mean the award atter payment of 811 reasonable
<br /> cost5,expenses,and attorneys'tees necessarity paid or incurred by Grantor,Trustee or Lender in connection with the condemnation.
<br /> proctedfnps. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in wnting, and Grantor shall prompdy take such
<br /> steps as may be necessary to detend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be
<br /> entitled to partic�Pate in the proceeding and to be represented in the proceeding by counsel of its own choice,Snd Grantor will deliver or cause to
<br /> be delivereG 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 GOVERNMEPlTAL AUT}-iORITIES. The following prov�sions relating to governmental taxes,
<br /> tePS and charges are a part of this Deed of Trust:
<br /> Current Taxes, Fees and Cha�ges. Upon request by�ender, Grantor shall execute suCh documents in addition to this Deed o(Trust and take
<br /> whatever other actian is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburSe Lender for all
<br /> taues,as described below, togelher with all expensas incuRed in recording, perfecting or continuing this Deed of Trust,including without limitation
<br /> all ta�ces,fees,documentary stamps.and other charges tor recording or registenng this Deed of Trust.
<br /> Taxes. The following shall constitute taxes to whiCh this section app��es: (a)a 5pecific tax upon this type of Deed of Trust or upon all or any part
<br /> of the Indebtedness secured by thls Deed of Trust; (b)a specffic t2�c on Grantor which Grantor is authon�d or required to deduct from payments
<br /> on the Indebtedness secured by this rype of Deed of Trust; (c)a tax on this type 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 Indebtedness or on payments of prinCipal and intere5t made by Grantor.
<br /> 78. FUATHEA ASSURANCES. The following provisions relating to further assurance5 are a pa�t of this Deed of Trust.
<br /> Furthef A.ssurances. Upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender
<br /> or to Lenders designee,and w�en requested by l.ender,cau5e to be filed,recorded.refiled,or rerecorded,as the Case may be,at suCh times and
<br /> in such offices and places as �ender may deem appropnate, any and all such mortgages, deeds of hust, security deads,'sec�n 01 9op n on of
<br /> financing statements, continuation statement5, instruments of further assurance, CertifiCates, and other doCUmentS as may,
<br /> Lender, be necessary or desirabie in order to ettectuate,complete, perfect,continue, or preserve (a)the ob�iqatiorts of Grantor under the Credit
<br /> Agreement,this Deed of Trust,and the Related Documents,and (b)the lierts 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 wnting, Grantor shall reimburse Lender for all costs and experues incurred in
<br /> Connection with the matters referred to in this paregraph.
<br /> �7_ F111 PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates ihe credit line account, and otherwise performs all the
<br /> obligations imposed upon Grantor under this Deed of Trust,Lender s�all execute and deliver to Trustee a request for full reconveyanCe.
<br /> 1s. DEFAI�T. Each of the tollowing, at the option of lender, shall constitute an event of defautt ('�vent of Oefault'� under this Deed of Trust: (a)
<br /> Grantor commits fraud or makes a material misrepresentation at any time in connection with the credit line account. This can include, tor examP�e.B
<br /> fafse statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's finanCial condition. (b) Granto� does not mee� the
<br /> repayment terms of the credit line account. (c)Grantor's action or inact�on adversely affects the collateral for the credit line account or Lenders rights in
<br /> . . ._ __._._._ _,.....:.,.,. ;.,�,,,a.,�o W��ro �r��structive use of tne dwelling, tadure to pay ta�ces• death
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