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DEED OF TRUST 200206420 <br />Loan No: 774249 <br />(Continued) Page 4 <br />Defense of Title. Sublect to the exception In the paragraph above. Trustnr warrants and will forever defend the title to the Property <br />against the lawful claims Of all peones. In the event any action or proceeding a commencetl that questions Trustpr's title or the <br />interest of Trustee or Lender under this Deed of Irust, Truster shall defend the action at rrustor's expense. Irustor may be the <br />al party in sued proceeding, but Lender shall be entigotl to participate be tile <br />ilelrvvicessing and der each n represented i aseLprocee proceeding <br />bytcounsel of Lender's own choice, and Trustor will deliver. or cause ' <br />request from time m time to permit such participation. <br />Compliance With Laws. Trustor warrants thou the Property Truster 'a Lou of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmen <br />Survival of Representations and Warranties. All representations, warranties, antl 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 farce and effect <br />until such time as Burrower's Indebtedness shall be paid in full. <br />EXISTING INDEBTEDNESS. I he fallowing provisions concerning Existing Indebtedness are a part of this Deed of Trust. <br />Existing Lien. The Ilan of this Deed of Trust securing the Indebtedness may he secondary antl Inferior to an existing Ilea. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Sitting Indebtedness and to preven any default tar such <br />Intlebtedness, any default under the Instruments eyitlenclng such Indebtetlness, or any default under any security r <br />Indebtedness <br />No Modification. Trustor shall not enter into any agreement with the holder Of any mortgage, deed of trust, or other security <br />amaemem which Thus priority over this Dead of Trust by which that agreement is mndified, amended, extended, or renewed without <br />the prior written consent Of Lender. I poster shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The fallowing provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation Is filed, Trustor shall promptly notify Lender in writing, and Trustor that promptly <br />take such steps as may be necessary to defend the action and nbtaln the award. Trustor may be the nominal party In such <br />proceeding, but I ender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its Own <br />Foods, and Irustor will deliver u e to be delivered m Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit scald drticipaton. <br />Application of Not Proceeds. If all Or any part of the Property Is condemned by eminent domain proceedings er by any proceeding or <br />purchase In lieu of condemnation, Lender may it its election require That all n r 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 at this Deed of Trust. <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by I ender to perfect and continue Lender's lien on the Real Property. Trustnr shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitatan all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of <br />Trust. <br />Taxes. the following shall constitute taxes to which this section applies. II I a rover is tax upon this type of Deed of Trust or upon <br />all or any part Of the Indebtedness secured by this Deed Of Trust: 121 h specific, tax on Borrower which Borrower is authorized or <br />required to dedmt from payments un [be Indebtedness s'OCUred by this type of Deed of Trust; 191 a tax on this type Of Deno of Trust <br />chergeable against the Lender or the hulder of the Note: antl of a specific Lax On all Or any portion Of the Indebtedness or nn <br />payments Of Principal and interest made by Renewer. <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 cited as an Event of Default, and Lender may exercise any Or all of Its available remedies for an Event Of Default as <br />provided below unless Trustor either (1) Pays the tax before it becomes delanm t, or (2) contests the tax as provided above in the <br />Taxes and I ions section and deposits with Lender cash or a sufficient corporate surety bond or other secunty satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The fallowing provisions relating to this Deed of Trust as a security anreament are a <br />part Of thin Deed Of Rust, <br />Security Agreement. This instrument shall 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 Url Commercial Gone as amended from title to bee. <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 it) the Rents and Personal Property. In addition to recording this Deed of <br />Trust In the real property ocords, Lender may, at any time and without further agthorrza ame from Trustor, file executed counterpar LS. <br />sepies or reproductions of this Deed of Trust as a financing statement. Truster shell reimburse lender for all expenses Incurred in <br />perfecting Or continuing this security interest Upon default, Trustor shall not remove, saver or detach the Personal Property from the <br />Properly. Upon default Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place <br />reasonably convenient to Irustor and Lender and make it available to Lender within three (3) days after receipt of written demand <br />from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustnr (debtor) and Lender (secured party) from which Inmunation concerning the security <br />interest granted by this Dead of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact arc a part of <br />