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200305021 <br />restrictions imposed by federal law (12 C.F.R. 691), as applicable. Far the purposes of this section, the terra <br />"Property" also includes any Interest to all or any part of the Property. This covenant shall run with the Property and <br />shall remain in effect until the Secured Debt is paid in full and this Deed of Trust is released. <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Truster is an entity other than a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment If (1) a beneficial interest in Truster is <br />sold or transferred; (2) there is a change in either the identity or number of members of a partnership; or (3) there is a <br />change In ownership of more than 26 percent of the voting stock of a corporation. However, Beneficiary may not <br />demand payment in the above situations if it is pruhib'tled by law as of the date of this Dead of Trust. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If Truster is an entity other than a natural person (such as a <br />corporation or other organization), Truster makes to Beneficiary the following warranties and representations which <br />shall be continuing as long as the Secured Debt remains outstanding: <br />A. Truster is an entity which is Only organized and validly existing In the Truster's state of incorporation (or <br />organization). Truster is in good standing in all states in which Truster transacts business. Truster has the <br />power and authority to awn the Property and to carry on its business as now being conducted and, as <br />applicable, is qualified to do so in each state In which Truster operates. <br />B. The execution, delivery and performance of this Deed of Trust by Truster and the obligation evidenced by the <br />Evidence of Debt are within the power of Truster, have been Only authorized, have received all necessary <br />governmental approval, and will not violate any provision of law, or order of court or governmental agency. <br />C. Other than disclosed In writing Truster has net changed its name within the last ten years and has not used any <br />other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any <br />other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. <br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and make <br />all repairs that are reasonably necessary. Truster will give Beneficiary prompt notice of any loss or damage to the <br />Property. Truster will keep the Property free of anxious weeds and grasses. Truster will not initiate, join in or consent <br />to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or <br />defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written <br />consent. Truster will notify Beneficiary of all demands, proceedings, claims, and actions against Truster or any other <br />owner made under law or regulation regarding use, ownership and occupancy of the Property. Truster will comply with <br />all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Truster also <br />agrees that the nature of the occupancy and use will not change without Beneficiary's prior written consent. <br />No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent <br />except that Truster has the right to remove Items of personal property comprising a part of the Property that became <br />worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value <br />to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such <br />replacement of personal property will be deemed subject to the security interest created by this Deed of Trust. Truster <br />shall not partition or subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's <br />agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the <br />Property. Any Inspection of the Property shall be entirely for Beneficiary's benefit and Truster will in no way rely on <br />Beneficiary's inspection. <br />13. AUTHORITY TO PERFORM. If Truster fails to perform any of Trustor's duties under this Deed of Trust, or any other <br />mortgage, deed of trust, security agreement or other lien document that has priority over this Deed of Trust, <br />Beneficiary may, without notice, perform the duties or cause them to be performed, Truster appoints Beneficiary as <br />attorney in tact to sign Truster's name or pay any amount necessary for performance. If any construction an the <br />Property is discontinued or not carried on in a reasonable manner, Beneficiary may do whatever is necessary to protect <br />Beneficiary's security interest in the Property. This may include completing the construction. <br />Beneficiary's right to perform for Truster shall not create an obligation to perform, and Beneficiary's failure to perform <br />will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Deed of trust. Any <br />amounts paid by Beneficiary for insuring, preserving or otherwise protecting the Property and Beneficiary's security <br />interest will he due on demand and will bear interest from the date of the payment until paid in full at the interest rate <br />in effect from time to time according to the terms of the Evidence of Debt. <br />14. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit <br />development, Trustor will perform all of Truster's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />1 S. DEFAULT. Trustor will be in default if any of the following occur <br />A. Any party obligated on the Secured Debt fails to make payment when due; <br />B. A breach of any term or covenant in this Deed of Trust, any prior mortgage or any construction loan agreement. <br />security agreement or any other document evidencing, guarantying, securing or otherwise relating to the <br />Secured Debt; <br />/fJ/ (PoDe 3 of al <br />�_�� 01993. 3001 PenYarxsynems,Imo.,St CIOUC. Mry FOnn AGeoAESFNE 3/1rz11o] / //� _ <br />