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IIII MI III I III C pit III MI III oil 1191111 IMIIII1111111 2 0 0 3 0 6 2 5 1 <br />00000000000000235 <br />DEED OF TRUST <br />Loan No: 8228531119 (Continued) Page 4 <br />any applicable insurance policy; or (2) the remaining term of the Note; or ICI be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other <br />rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Truster warrants that: W Truster holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set forth in the Reel Property description or in any title Insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Truster has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of This. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustee's title or the <br />interest of Trustee or Lender under this Deed of Trust, Truster shall defend the action at Truster's expense. Truster may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and Truster will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance Mh Laws. Truster warrants that the Property and Truster's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as Borrower's Indebtedness shell be paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of this Dead of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Truster shall promptly notify Lender in writing, and Truster shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal parry in such <br />proceeding, but Lander shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own <br />choice, and Truster will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all 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 <br />taxes, fees and charges are a part of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Reel Progeny. Truster shall <br />reimburse Lender for all taxes, as described below, together with all expanses incurred in recording, perfecting or continuing this Deed <br />of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shell constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax an Borrower which Borrower is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; and (4) a specific tax an all or any portion of the Indebtedness or on <br />payments of principal and Interest made by Borrower. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as <br />provided below unless Truster either 11) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. This instrument shell constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender 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, Truster shall execute financing statements and take whatever other action is requested by <br />Lander to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of <br />Trust in the real property records, Lender may, at any time and without further authorization from Truster, file executed counterparts, <br />copies or reproductions of this Dead of Trust as a financing statement. Truster shall reimburse Lender for all expenses incurred in <br />perfecting or continuing this security interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the <br />Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property In a manner and at a place <br />reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of wrinen demand <br />