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= DEED OF TRUST <br />Loan No: 19155. (Continued) 2.00.11 2 7 7 9, Page 3 <br />interest, and the remainder, if any, shall.be app#ed.tq the pidri ipaLbalancepf the.lndebtednW.• if-Lsnder. holds .apy,ppQoe0r #,Affer,payment <br />in full of the indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear., <br />Uriexpfred tnsurance atSde.:. Any.unexpired insurance shall inure-to the benefit of =and=passto, the purchaser ofthe Property covered by <br />this Deed of Trust at any trustee's sale or other.sate, held under the provisions ;,of this -Deed of Trust., or at-any foreclosure sale of such <br />Property. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below. is in effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of <br />insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of <br />proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, <br />(B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing <br />Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect <br />Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate o• prokoot -LonWg *Int e.W-.K .N), *xpanS. curred or, pod, tly Lmder for 9 h-py go w' ill then bear irnerest at -the rata charged <br />under the Bole from the date incurred ar paid by .blonder .tp the date of repayment by Trustftr. All such expenses will become a part of the <br />Indebtedness and, at Lender's option, will (A) be pa le on demand; (B) be added tdthe•battfte of then.Noto and lW `pertionedamong 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 Deed of Trust also will <br />secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which <br />Lender may 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 <br />from any 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 />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any titre <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 deliver this Deed of.TruSt to Lender, . <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against <br />the lawful claims of all persons. in the event any action or proceeding is commenced that questions Trustor's ,t tle or.the jpteres( of Trustee or <br />Lender under this Deed” of Trust, Trustor's f iof defend the ac�fidn afTrustor's expense. "Trustor mmay be 111, e nominal party in such, proceeding, <br />but Lender shall be entitled to participate:,in,the proceeding and tote repr,'esented in the prgc8edIr4,by.counsei of Lender`s:own choisa, and <br />Trustor will deliver, or cause to be delivered, . to Lender such instruments as Lender, may request, from time to.time . to, permit • such <br />participation. <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 Borrower's <br />Indebtedness 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 lien. Trustor expressly <br />...,, ;, .. to, dgfa. on such indebtedonsi am <br />de u hen merits BVItleri inedness, or any'defatlin�u n'iYsrrlt indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement <br />which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written <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 maybe requested by' Lender from time to time to permit <br />such participation., .. ;. <br />Application of lief Proceads. <br />If al, or, any part of the Property is,condemned by eminent S;lOmain prooetditlgs• c by- any ,proceeding or <br />purchase in lieu of condemnation,, lender may at its election require,that, oil or any portion of the net proceeds of the award be applied:to the <br />Indebtedness or; the repaq .or.. restoration of t1w Property. , The. net, proceeds,-of the award shall, mom:-the, award aifer paymerrt,bf all <br />reasonable costs, expenses, and attorneys' fees incurred 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 Borrower which Borrower is authorized or required to deduct <br />from payments on the Indebtedness secured this j rpe of Deed of Trust ;. (3) a tax -nn this type_of Deed of Trust, .0 g le.- against the <br />Lender or the holder of the Note; and '(4) a specific tax on all or any portlert�of the Indebtedness'or on payme& of principal and interest <br />made by Borrower. ;. <br />Subsequent Taxes.; Taxes. , If any tax to;wtich this section applies is enacted subsequent to the state 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, and tender <br />shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to 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 fromTrustor,:fEle::executed counte parts„oopies or reproductions <br />of this Deed of Trust,as a �financing,statement. Trustor shall reimburse Lender. for, alt.:expenses: incurred in- perfecting oncontinuing this <br />security interest. Upon default, Trustor shall notsemove, sever or detach: the. Personal „Property.from on the, Property. Up default, Trustor <br />shall assemble any Personal Property not affixed to the Property. in a manner and 4t a puss ,reasonably convedentAo Trustor and Lender <br />and make: it-available to'Lenderwithin three ,(3) days. after receipt of written demand :from' Lender to.the extent,permitted by appbcable low. <br />Addresses. The mailing addresses of Trustor ( debtor) and Lender, (secured party)` ifiom'wh%h` information concerning the security Interest <br />granted 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 />