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DEED OF TRUST <br />Loan No: 774207 200206437 (Continded) Page 4 <br />Defense of Title. 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 pursons. In the event any action or proceeding Is commenced that questions Truster 'a title or the <br />interest of Trustee or Lender under this Used of Trust, Truster shall defend the action at Trustor's expense, Truster may be the <br />al party in such proceeding, but Lender shall be entitled to participate In the proceeding and to he represented In the proceeding <br />by counsel of Lender's own chimed, and Truster will deliver, or cause to be delivered. to Lander such instruments as Lender may <br />highest from time to time to pennit such carbonation <br />Camplearce With Laws. Trustor warrants that the Property and Trustor '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 luster 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 shall be paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien Of this Deetl of Trust securing the Indebtedness may he secondary and inferior to an existing lien. Treater <br />expressly covenants and agrees to pay, or see to the pa m <br />yent air I[,. Existing Indebtedness and to prevent any default on such <br />indebtedness ov any default under the instruments evidencing such indebtedness, or any defuull Under any security documents for such <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 />agreement which has priority over this Deed of Trust by whom that vyconent is modified, amended, extended, or wad without <br />the prior written consent of Lender- Trustor shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender <br />CONDEMNATION. The following provisions relating w condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding In amodeal is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may benecessary to defend IDs action and obtain the award. Trustor may be the nominal patty in such <br />proceeding, but Lender shall be all to participate in the proceeding and to he represented in the proceeding by counsel of Its awn <br />choice, and Trustor 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 concerned 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 nil proceeds of the award shall mean foes award after payment of <br />all reasoruble costs, expenses, and attorneys' fees incurred by Trustee or Lender o evocaclien 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 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 Lender to perfect and continue Lender s lien on the Heal Property. Trustor shall <br />mbur a Lender for all taxes, as described unlew. together with all expenses incurred in recording, perfecting or continuing this Deed <br />ref s rur <br />of Trost, including whhout Incitation ell Saxes, tees, documentary stonrys, and other charges for recording nr registering this Dead of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section apphdra: (1) a specific tax upon this type of Deed of Trust or upon <br />any part of the Indebtedness secured by this Dead of Trust; 121 specific tax on Borrower which Borrower is authorized or <br />all <br />equired 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 on all or any portion of the Indebtedness or on <br />payments of principal and Interest made by Borrower. <br />Subsequent Taxes. It any tax to which this search applies is c acted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect 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 (1I 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 Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. f he following prow dens relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. I his mstrumuct shall constitute a Severity Agreement to the extent any of the Property constitutes fixtures, and <br />I ender shall have all of the rights at a secured party Under the Uniform Commercial Cade as amended from time to time. <br />Security Interest. Upon request by I ender, Trustor shall execute financing statements and lake whatever other action Is requested by <br />Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Dead of <br />Trust in the real property records, Lender rnay, it any firm and without further autherbatlon from Trustor, file executed counterparts, <br />copies or reproductions of this Deed of Trust as a financing statement. Truster Shall ra mburso Lender for all expenses incised in <br />perfecting or anti uJing this Security Interest, Upon default, Trustor shall not remove, sever or detach the Pera'enal 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 r, ant to Trustor and Lender and make It available to Lender within three 131 days after re eipt of written demand <br />on the <br />from Lander to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Tfortor (debinq and Lender (secured party) from which Information concerning the security <br />interest granted by this Deed of Trust may de aborted 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 are a part of <br />