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DEED OF TRUST <br />(Continued) 200202795f' Page <br />expenditure, pay or hil nbumm Trustor from the proceeds for the reasonable cost of repair or restuni it Truslor is not In default under this <br />Dead of Trust. Any proceeds which have not been disbursed within 1110 days attar their receipt and which Lander has not committed to the <br />repair or restoration Of the Property shall be used first to pay any amount owing to Lender under this Dead of Trust, than to pay S cond <br />Interes6 and the remainder, If any, shall be applied to the prinipal balance of be Indebtedness. If Lender holds any Proceeds after payment <br />In fell of the Indebtedness, such proceeds shell be paid to Trustee as Trpstoes interests may appear. <br />Unexpired Insurance at Sale. Any unexpired insurance shall Kure to the benefit of, and pass to, the purchaser of the Property covered by <br />this Dead of Trust at any trustee's sale Or Other sale held under the provisions of this Deed Of TNl or at any foreclosure sale of Such <br />Properly. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />With the sache . pmvtslans entrained In the haWmenn evidencing such Existing Indebtedness shall constitute compliance with this <br />insurance provisions under this Deed of Trial. le the extent compliance with the terms of this Deed of TNSI would constitute a duplication of <br />Insurance requirement. If any proceeds from the Insurance become payable on loss, the provisions n this Dead of Trost for division of <br />proceeds shall apply only to that pariah of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENOEIa'S EXPENDITURES. If Truster falls (A) to keep the Property free of all texas, hens, security Interests, encumbrance., and other clams, <br />(B) to provide any requ Pad insurance on the Property, (C) to make repatrs to the Propeny or to comply with any obligation to maintain Existing <br />Ind.sebness in gred sanding fls reacted below, than Lender me, do s0. If any action an proceeding Is commenced that would malerally All <br />Lendi Interests n the Property, then Lender on Trustee's behalf may, but Is not mauled to, take any action that Lender believes to be <br />appropiate to protect Lender's interests. All expenses Incurred or paid by Lender for such purposes will than bear Merest at the rate charged <br />under 1t a Nate from the date incurred Or paid by Lender to the itch of repayment by Trustee. All such expenses will become a pan al the <br />IndebtAW.ss and at Larches option, will (A) be payable on demand (D) be added to the balance of the Note and be apportioned among and <br />be payable with any Installment payments to become due during either (t) the term of any applicable Insurance policy; or 121 ilia shushing <br />term of the Net.; or (C) be treated as a balloon payment which will be due and payable el the Notes maturity. The Dead of Thell also will <br />secure pyrc,na of these amounts. The rights provided for In this paragraph shell be in addition to any other right, or any remedies to when <br />Lender may by entitled on account of any default Any such action by Lender shell not be construed as curing the default so as to bar Lender <br />from any mmsdv that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The fallowing provisions reefing to ownership of the Property are a part OI this Dead of Tru.F <br />Title. Trustor warrants that: (a) Trustee holds good and marketable this of word 10 the Property h lea simple, free and clean of all Ilene antl <br />encumbrances other than those set forth h the fear Property description or h the Existing Indebtedness section below or In any title <br />Insurance Dolby, title upon, or fine) title Opinion Issued n favor of and accepted by, Lender in connection with this Dead of Trend, and (b) <br />Tmstor has the toll right, power, and authority to execute and deliver this Dead of Trust to Lender. <br />Defense of Title. Subject to the exception In the paragraph above, Tmslor warrants and will forever defend the title to the Property against <br />the :awful claims of all persons. In the event any action or no,owng Is commenced that questionsTruslor's this or the ntaut of These, or <br />Lender under this Deed of Trust. Truster shall defend the action at Trustees expense. Truster may be the nominal party n such - proceeding. <br />but Lender shall be.,,fil ed to penklpate in the proceeding and to be represented h the proceeding by counsel of Leaders own choice, and <br />Tmstor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to tMe to permit such <br />P.dbipanioo. <br />Compliance With Laws. Trustee warrants that the Property and ThoMM's use of the Property comi with all existing applicable laws, <br />ordinances and regulathea of governmental authorities. <br />Survival of Promises. All promises, agreements, and statements Truster has made in this Deed of Treat Shall survive the upMtjQn and <br />delivery of Ina Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such term lee Trustees ledabfadnea. <br />is paid in full. <br />EXISTING INDEBTEDNESS. The Iollnwing previsions e.ncemhg Existing Indebtedness ere a pan of this Dead of Trust: <br />Existing Llen. The lien of this Deed of Trust securing the Inde tsel a may be secondary and Inarlor to An existing tan. Truslor expresaly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such Indebtedness, any <br />default under the nstruments Mnotoncing such Indebtedness, or any dafeuit under any security documents for such Indebtedness. <br />No Modification. Truster shall not enter into any agreement with ilia holder of any mortgage. deed at trust, or other security agreement <br />which has priority over this Deed 01 Trust by which that Agreement Is modified, amended, extended. or renewed without the prior w it en <br />consent 01 Lender. Truster shall neither request nor accept any future advances under any such security agreement without the prior written <br />Consent of Lender. <br />CONDEMNATION. The following provisions retuning to condemnation proceedings are a part of this Deed Of Trust; <br />Notice of PreceeEinel Tmsor shall immadutely notify Lender in writing should all or any part of the Property become subject to any <br />condemnation or expropriation proceedings Or other similar proceedings. Including without firstallon. Any condemnation, confaoatbn, <br />eminent domain, inverse condemnation or temporary requisition or taking of the mortgaged Property, or any pan or parts of the Property. <br />Truster further agrees to promptly take such Slaps as may be necessary and proper within Londees sole judgment and of Trustees expense, <br />to defend any such condemnation or expropriation proceedings and obtain the proceeds derived from Such entowngs. Trustee shall not <br />Agree to any settlement or complomi5a or any condemnation or exproprlalion claim without Leaders prior written consent. <br />Lender's Penleipetlon. Lentler May, at Lenders hob option, elect to participate In any such condemnation or expropriation proceedings <br />and be represented by counsel of Lender's choice. Truster agrees to provide Lender with such documentation as Lender may request to <br />permit Lender to so panbip.t. antl to revnbum. Lender for Lender's coals associated with Lenders participation. Including Lender's <br />reasona of. .1mmeys' fees. <br />Conduct of Proceedings. If Trustee Inds to defend are, such condemnation Or exproprlalion proceedings to Lenders satisfaction, Lender <br />may undertake the defense of such A proceeding for and on behal of Truslor. To this end, Truster Irrevocably appoints Lender as Trusto's <br />agent and attorney- Wfact, such agency hang coupled win an Interest. to brhg, defend, adjudicate, Seale, or otherwise compromise such <br />condemnation or expropriation claims; d being understood, however. that, unless one or mom Events of Default (other than the <br />condemnation or expropriation of the PmOeny) then exists under this Dead or Trust, Lender will not agree to any final Settlement or <br />compromise of any such condemnation or expropriation clsfm without Trustees prior approval, which approval shall not be unreasonably <br />withheld. <br />Application of Net Proceeds. Lender shell have the right is mocha all proceeds derived or to be defined from the COndemnatkn, <br />expropriation, poniiscation, eminent domain, Inverse condemnaton, Or any permanent or temporary, requisition or fakir; A the Property, or <br />any pan or parts of the Property ('candemnaticn proceeds'). I.i the event that Trustor should mceNe any such condamnadan proceeds, <br />Trustee agents to Immediately turn over and to pay such proceeds to Lender. All condemnation proceeds, which are ncalvted by, or which <br />are payable to either Trustee or Lender, shall be applied, at LondaeS sole option and nlscratlon. and In such manner as Lender may <br />determine (after payment of All reasonable costs, expanses and altmnays' lees necessarily pale or trammed by Tmstor andforlender), for Ne <br />purpose of: (s) replacing or restoring the condemnor, sepropraled, confiscated or taken Property: or (b) reducing the then Outstanding <br />balance of the Indebtedness, together with Interest hareem, with such payment, being applied in the manner provided h this Deed of Twat. <br />Lender's receipt Of such condemnation pmouds and the application of such proceeds AS provided n this Deed of Trust shall not affect the <br />Ilan of this Dead of Trust. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions heating to governmental lessee. <br />fees and charges era A part W this Dead of Trust - <br />Current Tue., Fees and Charge.. Upon request by LamIOI, Truster Shall exeoum such documents In addition In this Deed of Treat and <br />take whenever other action IS mqueated by Lander Ie paned and Confirm Leader's lien on the Real Property. Trustee shall reimburse Lender <br />in, all taxes, as described below, together with all expenses incurred In .cording, p.dactln; or continuing this Dead of Trust, Including <br />without limitation ell axes, fees, documentary stamps, and other charges for retarding or registering this Deed Of Tmst. <br />Taxes. The fouowhg shall CMISUI le taxes to which this Sooner: apples; (1) a Specific tax upon this type at Deed of Trust or upon all or any <br />Pan of the Indebtedness Secured by this Deed of Trost', 12) a specific tax on Trustee which Trustee Is authorized or requi ed to deduct from <br />