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20 )(q�'fiY �90 DEED OF TRUST 20030 X702 Page 4
<br />.... VVV (Continued) _
<br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness ducroed below 1s 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 the Deed of Trust, to the exlenl compliance with the terms of this Dead 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 />Carbon of the proceeds not payable to the holder of the Existing Indebtedness.
<br />11. EXPENDITURES BY LENDER. If Grantor fails to comply with any Provision of this Dead of Trust, Including any ocngation to maintain Existing
<br />Indebtedness in good standing as required below, Or if any action or proceeding Is commenced that would materially effect 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 action that Lender deems appropriate. Any
<br />amount that Lender expends in so doing will bear interest at the rate charged a der the able it Agreement from the lb be dale in to the or paid by ender to
<br />the date of repayment by Grantor. All such expenses, at Lenders option, O payable )
<br />line. The Deed of Trust also will secure payment of RVIA, amounts. The rights provided for in this paragraph shall be In addition to any other rights or
<br />any remedies to which Lender may be entitled on account of the default. Any such anon by Lender shall not be construed as curing that default so as
<br />to bar tender 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 pad of this Deed of Trust.
<br />THIN. Grantor warrants that: (a) Grantor holds good and marketable tine of record to the Property (including a leasehold Interest, if any), free and
<br />Goer of at liens and encumbrances except those of record, and (o) Grantor fes the full right, power, and authority to execute and deliver the
<br />Dead of Trust to Lender.
<br />Defenx of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the One to the Property against the
<br />Lawful claims G 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 Dead of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding. but Lender
<br />suit be erroeed 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 from time 10 time to permit such participation.
<br />Compliance With Laws. Grantor warrants that the Prop" and Grantors use of the Property complies with all existing applicable laws,
<br />ordinances, and regulations of governmental authorities.
<br />13. EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (Ine ^Existing Indebtedness') are a part of this Dead of
<br />Trust
<br />Existing Lien. The lien of this Dead of Trust Securing the Indebtedness may be secondary and interior to an existing lien, if there is such alien.
<br />GraMa expressly Covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any defaUll on such
<br />indebtedness, any default under the instruments evidinel such indebtedness, or any default under any security documents lox such
<br />indebtedness.
<br />No MOdtllcifl on. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which
<br />has priority over the Dead of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of
<br />Lentler. 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 following provisions relating to proceedings in condemnation are a part of this Dead of Trust.
<br />Application Of Net Proceeds. 11 all or any pad of the Property is condemned, Lender may at it election require that all or any pomon of the nat
<br />proceeds of the award be applied to the Indebtedness under the LOANLINERG Home Equity Plan, subject to the terms of any mortgage or ticed of
<br />trust with a lien which has prionly over this Deed of Trust. The net proceeds of the award shall mean the award after payment Of all reasonable
<br />Costs. expenses, and attorneys' fees necessarily paid or incurred by Grantor, Trustee or Lender in connection with the condemnation.
<br />Proceedinge. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender In writing, and Grantor shall promptly 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 />entitled to partia le in the proceeding and to be represented 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 />Ill IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br />fees and charges are a pad of this Deed of Trust.
<br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to the Dead of Trust and take
<br />whatever oner action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender far all
<br />taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation
<br />a1I lazes, tees, documentary stamps, and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taxes to which this section appims: (a) a specific al upon this type of Dead of Trust or upon all or any part
<br />of the Indebtedness Secured by this Dead of Trust; (b) a specific hex on Grantor which Grant, is authorized or required to deduct from payments
<br />on the Indebtedness secured by this type 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 sit or any portion of the Indebtedness or on payments of principal and hear east made by Grant,.
<br />le. FURTIEIR ASSURANCES. The following provisions relating to further assurances are a pad of this Deed of Trust.
<br />Further Assurances. Upon request of Lentler, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender
<br />or to Lenders designee, and when requested by Lender, cause to be filed, recorded. refiled, or reworded, as the use may be, at such times and
<br />in such offices and places as Lender may deem appropriate, any and all auxin mortgages, deeds of trust, security ceeds, security agreements,
<br />financing statement, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of
<br />Lander, be necessary or desirable in order to all equals, complete, perfect, continue, on preserve (a) Iha oblgations of Grantor under the Credit
<br />Agreement, this Dead of Trust, and the Related Documents, and (b) the lien and security Interest created by the Deed of Trust on the Property.
<br />Unless prohibited by law or agreed to the contrary by Lander in writing, Grantor shall reimburse Lender la all costs and expenses incurred in
<br />connection with the matters referred to in this paragraph.
<br />17. FLLL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise Conforms all the
<br />Obligations Imposed upon Grantor under the Deed of Trust, Lender sun execute and deliver to Trustee a request for full reconveryence.
<br />ter. DEFAIA.T. Each of the following, at the option of Lander, shall consal an event of default ('Event of Demoir) under the Deed of Trust: (a)
<br />Grardcr commis mud or makes a material misrepresentation at any time in connection with the CreG( Ilse account. This can include, fu example, a
<br />fake statement about Granws Income, assets, liabilities, of any otW aspects of Grantors financial condition. (b) Grantor does not meet the
<br />repayment lanm of the own line account. (c) Grantor's action or inaction adversely affects the collateral for the cradd fins account or Lender's rights in
<br />the colttaral. This Can include, for example, failure to maintain requiretl insurance, waste or destructive use of the dwelling, failure to pay taxes, death
<br />of all persons liable on the account, transfer of title or sale of the dwelling, creation of a lien on the dwelling without our permission, foreclosure by the
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