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DEED OF TRUST <br />Loan No: 19268 (Continued) 2 O O 2 U O C 4 9 Page 3 <br />All such expenses will become a pad of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance <br />of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any <br />applicable insurance policy; ch (2) War remaining term of the Note; or (C) be heated es a balloon payment which will be due and payable at the <br />Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to <br />any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as <br />curing the default so as to bar Lentler from any remedy that it otherwise would have haft. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Deed of Trust: <br />Title. Truster warrants that: (a) Truster 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 any ttlle insurance policy, title report, or final title opinion <br />Issued In favor of, and accepted by, Lender in commemon with this Dead of Trust, and (b) Truster has the full right, power, and authority to <br />execute and deliver this Dead 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 title or the interest of Trustee or <br />Lender under this Dead of Trust, Trustor shell defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, <br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, 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 Lama. Trustor warrants that the Property and Truster'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 Dead of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrowers <br />Indebtedness is paid in full. <br />CONDEMNATION. The fallowing provisions misting to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Truster shall promptly neety 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 processing, but Lender <br />shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Its own choke, and Trustor will <br />deliver ar cause to be delivered to Lender such Inshuments and documentation as may be requested by Lender from %me to Nine to permit <br />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 potion of the net proceeds of the award be applied to the <br />Indebtedness or the repair or restoration of the Properly. The net proceeds of the award shall mean the award agar payment of all <br />reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender In conneoHOn 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 pad of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Dead of Trust and <br />take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Trustor shall reimburse Lender <br />for all taxes, as described below, together with all asperses incurred In recording, perfecting or continuing this Deed of Trust, Including <br />without limitation all taxes, fees, documentary stamps, and Other charges for wording or registering this Dead of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Dead of Trust or upon all cr 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 by this type of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the <br />Lender or the holder of the Note; and (4) a specific lax on all or any portion of the Indebtedness or on payments of principal and interest <br />made by Borrower. <br />Subsequent "rues. If any tax to which this section applies is enacted subsequent to the date 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 fax as provided above in the Tyres and Liens <br />section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a pad <br />of this Dead of Trust: <br />Security Agreement. This Instrument shall constitute a Security Agreement to the extant any of the Property constitutes fixtures, and Lender <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 wording this Dead of Trust In the real <br />property records, Lender may, at any time and without further authorimbon from Truster, file executed counterparts, copies or reproductions <br />of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this <br />security Interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor <br />shall assemble any Personal Property not affixed to the Properly in a manner and at a place reasonably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after recelpt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Truster (debtor) and Lender (secured party) &am which 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 />Dead of Trust. <br />FURTHER ASSURANCES; ATTORNEY - INTACT. The allowing provisions relating to further assurances and attormyJn -fact are a pad of this <br />Deed of Trust: <br />Further Assurances. At any time, and from Hme to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designed, and when requested by Lender, muse to be filed, recorded, retired, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements. ccntinuaflon statements, instrument of further assurance, <br />certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, <br />continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) <br />the liens and security interests created by this Deed of Trust as first and prior liens on the Properly, whether now owned or hereafter <br />acquired by Truster. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and <br />expenses mooned in connection with the matters referred to in this paragraph. <br />Attorney -In -Fact. If Trustor fails to do any of the things referred to In the preceding paragraph. Lender may do so for and In the name of <br />Trustor and at Truster's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's adorney -In -fact for the <br />purpose of making, execuflng, delivering, filing, wording, and doing all other things as may be necessary or desirable. in Lender's sole <br />opinion, to accomplish the matters referred to In the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without Ilmltawn all future advances, when due, and otherwise performs <br />all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and <br />shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidencing Lender's security Interest In the <br />Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option. Truster will be in default under this Deed of Trust If any of the following happen: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the <br />