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DEED OF TRUST 200202901 Loan No: 34187. (Continued) Page 3 Title. Truster warrants that (a) Truster holds goad and mpMaleda hie Of record to Me Property In fee simple, free and clear of all liens and encumbrances other than those Be fort. in Me Real Property doscriptlon or in any this insurance policy, its report, or final fine opinion Issued in savor of, and accepted by, Lander In res nectlml with his Deed of Trust, and (b) Truster has the full right, power, and authonty, to execute and deliver this Deed M Trust On Lander. - .Defense of.TNle..Subject to Me exception in Me paragraph above Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the avoid any action or proceeding is commenced Met questions Trust'. till. or Me interest of Trustee Or Lender under this Deed M Trust Traitor shall defend the action at Trustees expense. Tlnsar may he the nomnal party In such proceeding, but Lender shall be entitled to participate in Me proceeding and to be represented in the proceeding by counsel of lender's own choke, and Truslor will deliver, or cause M be doliaved, h Lander such instruments Be Lender may request from time M time to permit such perffcipstion, Compliance With Laws. Truster warranl3 that the Property and Trustor's use of Me Property complies with all existing applicable laws; omlrrarlcea, and regulations of governmental auhodfies. Survival Of Promisee. All promises, agreements, and statements Thros r has made In the Deed of Trust shall Survive the emanation and dellvery Of this Dead oi Trust, shall be continuing in nature and shell remit in full farce and effect unlit such time as Borrowers Indebtedness is paid In full CONDEMNATION. The following provlsafle relating so condensation oru:esdings are a pout of flp, Deed of Tvrs1: Proceedings. If any proceeding In condemnetlon is filed, Trustor shall promptly ratify Lender In writing, and Truster shall promptly take such steps as may be necessary to defend to action and obtain the award. Trustor may be the nominal pat in such proceeding, but Lender shall be entitled to participate in the proceeding and In be represented in the proceeding by counsel of its Own choke, and Trustor will deliver Or cause to ba delivered to Lander such instmmeris and documentation as may be requested by Lender from fima to time to permit such participation. Application of Net Proceeds. If all or any part of Me Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require tat all or any portion of Me net proceeds of Me award be applied to he Indebtedness or the repair Or restoration of Me Property.. The net proceeds Of MB award shall mean Me award after payment of all reasonable cases, expenses, and attorneys' fees Incurred by Trustee or Lander in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, foes and charges ate a pad of Mis Deed of Trust - - Current Taxes, Fees and Charges. Upon request by Lender, Truster shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender a perfect and caminus Landoes Ian an the Real Property. Trustor ahall raimburse Lender for all taxes, 0 desenbed below, together with all expenses incurred in recording, perectng or contlnulnp this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxsa. The fallowing shall constitute taxes to which this section applies: (1) a specific tax upon Mils type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust (2) a specific tax On Borrower which Borrower Is authorized or required to deduct from payments on Me Indebtedness secured by this type of Dead of Trust (3) a tax on this type of Deed of Trust chargeable against the Lender or Me holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments Of principal and imemot made by Borrower. Subsequent Taxes. If any talc to which this section applies k enacted subsequent to Me data of his Deed of Trust, Mis event shall have Me same effect as an Event of Defaut and Lender may Oxamise any or all Of its available remedies for an Event of Default as provided below unless Trustor alter (1) pays Me tax before it becomes delinquent, or (2) contests Me tax as provided above in Me Taxes and Liens section and deposal wit Lander cash cre ccRkiord corporate surety bond or other security satisfactory to Lander. SECU'n1T`i AGREEMENT; FINANCING STATEMENTS. The fdimving provii ions relating to this Deed of Trust as a security agreement are a part Of this Deed of Trust: Security Agreement. This instrument Shall constitute a Secudy Agreement to the exhibit any of the Property constitutes futures, and Lender shell have all of he pglles of a secured party under Me Uniform Commercial Code as amended from time to time Security Interest. Upon request by Land , Trustor shall execute financing statements and Mks whatever other action is requested by Lander to perfect and continue Lenders aecuMy Interest in not Personal Property. In addition to recording this Dead of Trust in Me real properly records, Lender may, at any time and without further auhoriation from Truster, file executed counleryarts, copies or reproductions OI this Deed of Twat as a financing statement. Trustor shall reimburse Lender for all expenses incurred in permeating or continuing this security Interest. Upon default, Truster shall not remove, sever or detach the Personal Property from the Property. Upon default, Truster shall assemble any Personal Property not affixed t the Property In a manner and at a place reasernatil convenient to Truster and Lander and make it available to Lander within Mme (3) days after receipt M written demand from Lander to Me extent parmfted by applicable law. Addresses.. The mining addresses. of Trustor (debtor) and Lender (scoured party) tram which Information condeming Me security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated an the first page Of this DOM Of Trust. FURTHER ASSURANCES; ATTORNEYAN -FACT. The following provisions relating to fuller awareness and attomay -in -fact are a part of this DOM Of Trust Further Assurances. At any time, and from time to time, upon request of Lander, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Larder or ro Lenders designee, and when requested by Lander, cause to ba filed, recorded, retlled, Or rerecorded, as Me case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documenes as may, in the ads opnan of Lander, be necessary or desirable In order to effectuate, complem, perfect continua, or preserve (1) Borrowers and Trustors obligations under Me Note, this Deed Of Trust, and Me Related Documents, and (2) Me Iran$ and security Interests created by the Deed of Trust as first and prior liens can the Property, whether now owned or hereafter acquired by Traitor Unless prohibited by law or Lender agrees to Me contrary in writing, Truster shall reimburse Lender for all Mats and expenses incurred In connection with Me matters retained to in this paragraph Attars- n -Fact If Trusts falls to do any of Me things referred to In Me preceding paragraph, Lender may des so for are in Me name of Truster and at Trustor's expense. For such purposes, Truster hereby irrevocably appoints Lender. as Trustor's ai[omey-m -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole Opinion, to accomplish to matters related to in Me preceding paragraph. FULL PERFORMANCE. It Borrower pay. .11 Me Indebtedness, including without Ilmaation all future advances, when due, and otherwise pedorms all Me obligations imposed upon Tractor under this Dead of Trust, Lander shall execute and deliver M Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements M termination of any financing statement on file evidencing Lenders security interest In the Rents end he Personal Property. Any reconveyance, fee required bylaw shell be paid by Trustor, It pernmted by applicable law. EVENTS OF DEFAULT. At Lender's option, Truster will be in default under MIS Deed of Trust H any of the following happen: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Greek Other Promisee. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at Me time and strictly in the manner provided in this Deed of Trust or In any agreement related to this DOM of Trust Compliance Default. Failure W comply with any offer term, obligation, covenant or eMditien contained in Mis DOM of Trust, the Note or in any of the Related Documents. If such a failure is curable and it Borrower or Tn 9tOr has not been given a notice of a breach Of the Same provision of this Dead of Trust within Me seceding twelve (12) marlins, it may be cured (and no Event of Default will have occurred) if Borrower or Trusser, agar Lender sends written notice demanding cure of such failure: (a) cures Me failure within thirty ($M days; or (b) if Me cure requires more than thirty (30) days, immediately Initiates steps sufficient to cure Me failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.