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9`af: `.Y�{�=�rJR�' ` � DEED OF TRUST Page a
<br /> � (Continued)
<br /> Complfance wfth Enisting 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 shell constitute complianCe with the insurance provisions
<br /> under this Deed of Trust,to the extent compliance with the terms of this Deed of Trust would constitute a dupliCation of insurance requirement. 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. DCPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed of Trusi, 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 aftect Lenders interests in the
<br /> Property, Lender on Grantor's behatf may, upon notice to Grantor, but shall not be required to,take any action that Lender deems appropriate. Any
<br /> amount that Lender expends in so doing witl bear interest at the rate charged under the Credit Agreement hom the date incuRed or paid by Lender to
<br /> the date of repayment by Grantor. All such expenses,at Lender's option,will (a)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 shalt be in addition to any other rights 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 trom any remedy that it otherwise would have had.
<br /> 12. WARRANTY;DEFENSE OF TITLE. The fotlowing provisions relating to ownership of the PropeRy are a pBA of this Deed of Trust.
<br /> Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property(including a leasehold interest,if any),free and
<br /> clear of all liens and encumbrances except those of record, and (b) Grantor has the futl nflht, power, and authority to execute and deliver this
<br /> Deed of Trust to Lender.
<br /> Defense of Tftle. Subject to the exception in the paragraph above, Grantor warrants and 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 questions Grantor'S title or the interest of Trustee or Lender
<br /> under this Deed oi 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 will deliver,or
<br /> cause to be delivered,to Lender such instruments as Lender may request trom time to time to permit such paRicipation.
<br /> Compliance Wlth Laws. Grantor warrants that the Property and Grantor'S use of the Property complies with all existing applicable laws,
<br /> ordinances,and regulations ot governmental authorities.
<br /> 13. EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness(the"Existing Indebtedness")are a paR of this Deed of
<br /> Trust.
<br /> Existin�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 detault on such
<br /> indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br /> indebtedness.
<br /> No Modfflcatfon. Grantor shatl not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which
<br /> has priority over this Deed of Trust by which that agreement is modified, amended, extended, or rersewed without the prior written consent of
<br /> Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of
<br /> Lender.
<br /> 14. CONDEMNATION. The foltowing provisions relating to proceedings in condemnation are a part of this Deed of Trust.
<br /> Application of Net Prxeeds. If all or any part of the Property is condemned,Lender may at its election require that all or any pofion 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 oi
<br /> trust with a lien which has pnority over this Deed ot Trust. The net proceeds of the award shall mean the award atter payment of all reasonable
<br /> costs,expenses,and attorneys'fees nec�sssarily paid or incurred by Grantor,Trustee or Lender in connection with the condemnaHon.
<br /> Proceedfnps. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in wnting,and Grantor shall promptly take suCh
<br /> steps as may be nec�sssary to defend the action and obtain ihe award. Grantor may be the nominal party in such proceeding,but Lender shall be
<br /> en6tled to participate in the proceeding and to be represented in the proceeding by counsel of its own chace,and Grantor wil�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 Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take
<br /> whatever other action is requested by Lender to pertect 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,includin�without limitation
<br /> all taxes,fees,documentary stamps,and other charges for recording or registering this Deed of Trust.
<br /> Taxes. The following shatl constitute ta�ces to which this section applies: (a)a specific tax upon this type of Deed oi 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 hom payments
<br /> on the Indebtedness secured by this type of Deed oi Trust; (c)a tax on this type of Deed oi 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 paymenl5 of pnncipal and interest made by Grantor.
<br /> 1g. FURTHER ASSURANCES. The following provisions relating to further assurances are a part of this Deed of Trust.
<br /> Further AesurenCes. Upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender
<br /> or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and
<br /> in such oifices and plec�s as Lender mey deem appropriate,any and alf such mortgages, deeds of trust, security deeds, security a9reements,
<br /> financing statements,continuation statements, inshuments oi fuRher assurance,certificates, and other documents as may, in the sole opinion of
<br /> Lender,be neoessery or desirable in order to eHectuate,complete, perfect,continue, or preserve (a)the oblpations ot Grantor under the Credit
<br /> Agreement,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 reterred fo in this paragraph.
<br /> 17. Ftil PERFORMANCE. Ii Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise pertorms all the
<br /> obligations imposed upon Grantor under this Deed of Trust,Lender sh811 execute and deliver to Trustee a request for full reconveyanCe.
<br /> 1a. DEFAI�T. Each of the following, at the option of Lender,shall constitute an event of defautt ("Event oi Default") under this Deed of Trust: (a)
<br /> Grantor commits traud or makes e material misrepresentation at any time in connection with the credit line 8ccount. This can inGude,fa example,a
<br /> false statement about Grantors income, assets, liebilities, or any other aspects of Grantor's financial condition. (b) Grantor does not meet the
<br /> repayment terms oi the credit tine account. (c}Grantor's 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 meintain required insurance,waste or destructive use of the dwelling,tailure to pay ta�ces,death
<br /> ot all persons liable on the account, transfer of title or sale oi the dwelling, creation of a lien on the dwelling without our permission,foreclosure by the
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