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Loan No: 34440
<br />DEED OF TR6b�
<br />(Continued) -
<br />trl� i[a
<br />200206830 Page
<br />T ift. T n', ;Ior v,arrants th _t: (a) Trustor holds good and marketable title of record to the Property In fee simple, free and cloar of all bens and
<br />ncu r.t;ra ° ^,.tr,ar thar ;hose, net forth in the heat Property dascriptlon or in any title insurance policy, title report, or final title opinion
<br />it fGcvnr �,t, anG arcrapted by, Lend(ar in connection with this peed of Trust, and (b) Trustor has the full right, power, and authority to
<br />exc ,tT- aF + I':..r t`.;, DO,d of 'Trust to Lender,
<br />Defense of Title. Subject to the exre, oticn in the paragraph above, Trustor warrants and will forever defend the title to the Property a- ainst
<br />daims ^f F;;' srscrls.:r� Ihe� event any action or proceeding Is r,cmr-.ancod that quostions Trusior's tilde or the interest of Trust ae or
<br />Lw' -d,cr under this GeeC of Trust, Trustor shall defend the action a! Trustor's expense. .Truster may be the nominal party in such proceeding,
<br />cur L cl.r•cCa; _:Iiall en,, }!ie ; to participate in the proceeding and to be represented in die proceeding by counsel pf Lender's own choice, and
<br />Trustor ti;i!i c .r, or• cause to oe delivorr'd, to Lender such instruments as Lender may request from time to time to permit such
<br />Compliance with Laws. Trustor warrants that the Property and Trustor's use of the Property complie, w4h all existing applicable laws,
<br />o;,dinar:cec, and rrt.,:;ations of governm irital authorities:
<br />Surv;val of Promises. r.'! promises, agreements, and statements Truster has made In this Deed of Trust shall survive the execution and
<br />_ eiivor,/ of .hi • Geed Of i r;`�t, shall ice continu!ng in nature end, shall remO in full force and effect until such time as Borrower's
<br />lndobte,'noss is r._ud in fuli.
<br />CCNDEEMNATiGfd. "he fc, orrine provisions relating to condemnation proceedings are a part of this Deed of Trust: ,
<br />Froceedi ;c;s. I` a'r °:;,c a ?di ^c in ccnd'emnation is filed, Trustor shall promptly:iotify Lender In writing, and Trustor sl tali promptly take such
<br />steps as m, / b � rig; essary to delend the actic:n and oata;n the award. Truster may be the nominal party In such proceeding, but Lender
<br />s;,al! re e;;t;� ,; to ;;alt +cipato In the proceedng and to be represented in the proceeding.by counsel of:its own cho ;ce, and Trustor will
<br />deliver or cause tc Le detive:red to Lender such Instruments and docUrnontatlon as my be roquested by Lender front time to time to permit
<br />Appft3:;on of Net P °oceeds. If all cr any part of the F'.operty is condemritd.by eminent domain proceedings or by any proceeding or
<br />pxncha::e m !: .; or c:: ; e;r,nat!on, Lender may at Its eloctiran rNuire,that all or any portion of the net proceeds of the award be applied to the
<br />Indebtedness cr the rerai, or restoration of the Property, The net ' proceed,., of the award •shall:'maan the e',,ard after payment of all
<br />r a ab!e oxJ,ELrlses, and attorneys' tees incurroo by Trusted or., Lender, inronnoot ion,veith,tne.condemnAuon.
<br />IMPOSITiON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL. ALITHoRrrIES. 'The,following provlefons relating !o governmental taxes,
<br />fee:; and charges are a part of this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upori request by1ender TrtJISM, shall e)teouto•such documents - :in addition to this Deed of Trust and
<br />tako whatover ntnor action is requested by Lender to perfect and'contInge Lender's lion or, the Real Property:; Trustor shall reimburse Lender
<br />for all taxes. as described below, together with all expenses Inqurrgd in recording;. perfecting 'orj•.Gontinuing this Dead of Trusi, including
<br />without limitation ail taxes, fees, docurnentary stamps, and other charges for.eeoording or registering this Deed of , Trust.
<br />Taxes. Th.r fcl'c:.,nq a',ai constitute taxes to which this s,-x fion applitgl (1) acsper ific.tax lappet Utls type of Deed of Trustor upon all or any
<br />pn11 of the r}debtedrr:ss secured tly this Deed of Trust: (G) 'a specific tax on,Borrower which Borrower is authorized or required to deduct
<br />tram payments on the Indobtc� 1ncss sneurad by tNls type of Deed of, ;Trust; (a) a tax on this type of :()eed of, Trust chargeable against the
<br />Lender or the t o;uer of the 1Jo'e; and (4) a ,specific tax, on ull or any portion of thv Indebtedri -4ss or on payments of prin,ipal and Interest
<br />Subsequent 'Taxes. if any tax to which this section applies is enacted Gubseg6ent to the. date of this Deed of Trus:, this event shall have tho
<br />same, effoct as ar, Event of I +efaoit, and Lender may exercise any cr all of its available remedies for, an E'.'ent of Default as provided below
<br />unless TRistor :.•itha• (1) pays the tax before it becomes delinquent , °Q ' (') °' co tests the tax at provided above in the Taxes and Liens
<br />section and deposits with Lender Gash or a sufficient. corporate surety bind oro)har security satisfactory to lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS: The following provisions relating to this Deed of. Trust as a security agreement are a part
<br />of this Deed e "rust, t
<br />5o�urity Agreorn(,,% This instrument shall constitc.ite a 5ocurity Agredrnen' to1he extent any of the 'Property constitutes fixtures, and Lender
<br />shall havo aii of the rights of a ecured party under tho Uniform Comm'ercial' t;ode as ar'trended from' time to time,
<br />Security Interest. Upon requos! by Lender, Trustor shall execute f'naptcing?statements,ard, take whatever.•.other. action lb requested by
<br />,, ^der to perfect and continue Lender's security Interest In tho` Personal Property. do addition to recording this Deed of Til in the real
<br />property rr; ,;;rf , Lender may, al any time and without further;authorilaflctn from Trustor, file expculed counterparts, copies or reproductions
<br />of this peed of 'Trust as a financing statement, `truster shall reimb.urse'Lerger for all expenses incurred in' perfecting or. continuing this
<br />security interost. Upon default, Trustor shall not remove, sever )r tletanh the' Personal Property from the Property. Upon default, Trustor
<br />shall assorrtde any Personal Property not affixed to the Property in,a Manner, and at a place reasonably convenient to Trustor and Louder
<br />and make it r vailabte to Lender within three (:j) d'y; after receipt of written demand from Lender to the extent permittea by applicable law.
<br />Addresses. Tho malling addresses of 'Trustor (debtor) and Landrrr.(securod party) frorn..which' information concerning the security Interest
<br />grar*YJ by this Geed of T :ust may be obtained (each as required by. the Uniform Commercial Code) are as, stated on the first page of this
<br />Doed of Trust,
<br />FURTHER ASSURANCES; ATTORNEY -IN- FACT. The following provisions reiatinp to further assurances and atito6y -ln -fact are a part of this
<br />Dood of rust: t
<br />Further Assurances, At any time, and from time io time, upor'i request of Lander, Trustor will make, execute and deliver, or will cause to be
<br />made, executed or delivored, to Lender or to Lender's designee, and'when requested by Lender; cease to be filed,' recorded, refiled, or
<br />rerecorded, as the case may be, at such times and in such officag and.placgs as' lender may deem appropriate; any and all such mortgages,
<br />dc;ed;= cf ,ru::,t, security de-ds, Wocurity ngreements, • financing - statements,! continuaflon statements, instruments of further assurance,
<br />cortificat4s, and other dccumen :s as may, In the sole opinicr of lender; be necessary or desirable in order to effectuate; complete, perfect,
<br />r,orrtir,ue, or preserve (1) Borrower's and Trustor's obligations undgrithe Note; this•Dead of,Trust,,and lhe,Related Documents, and (2)
<br />the lions and securihl interos.s created by this Der�t of Trust as .flrs't and prior lions on the Property, wh0h�r now owned or hvroafter
<br />racgtt trod by Trustor. Unless prohibited by law or Lender agrees to the . contrary in wriling; Trustor shall reimburse Lr;nder for all costs and
<br />uxponses Incurnod in connection, with the matters referred to in thic paragraph; e
<br />Attorney -In -Fact. It Trustor faits to do any of the things rolurred to•In,the preceding paragraph,' Lender may do so for and in the name of
<br />t nr;tor tend at Trust cr'<; exp,anso. f'or su ,h purposes, Trustor Hereby Irrevocably appoints. tender as Trustor's attomoy In- fact for the
<br />purpose of raking, oxecuti:ul, dolivering, riling; recording, arid doing all other things as may, be. necessary or desirable, in Lender's sole
<br />o,,a;rtion, to raccompkr h Clio nrnitors rotorrod to in the procoding paragraph. ;
<br />FULL PERFORMANCE. If Bonowor pa, ;n all the, Indebtcfness, Including WithOUt IlrnlOtlon all future advances; when due, and otherwise performs
<br />rat; this obligations irnlx;;rxi urxan Trustor under this Deal of Trust, Lender, shrall execute and deliver to,7660" a redueUt fcr lull reconvoyance and
<br />shod oxecute and drAverr to Trustor nuitfa,le sWoments of termination of any financing stat)menton file evidencing Lender's security interest in the
<br />iont:r and lino i'e vernal. Propofty. Any roconvevrance fee required by law shall be paid lay. Trustor, if permitted by applicable law,
<br />1=v, 'NTS OF DEFAULT, At Leartdor's upt!on, Trustor will be in default uindvr this Deed of T rust It any of spiv fclfc.:lno hanran:
<br />Payrnant Oefauit. Fjorrowor falls to make any payment when due, under the Indebtedness ;. '
<br />Brook Other Promises. Borrower or Trustor breaks any'promfse miida to Lender or,falis to:perform'promptly.at the tlrno'and strictly In the
<br />manner prop ded in this Deed of Trust or in any agreement related-to this peed of Trust.••
<br />Camplianc Cota.ult. i allure to comply with any other'term; obligation, cove'n, nt or condltk,n contained In this'Deod of Trust, the Note or in
<br />any of the7nelatecl Drxurnents. If such a failure is curable and if Borrower or,Thastor has riot been givsn a notice of a breach of the same
<br />provi or: of this Deaf o` Trust within the preceding twelvo (12) n,nr+thg it may be cured (and no;Event of Default will ha�,a occurred) it
<br />E3orrov:or or Trustor, after Lender s, >nds written notice demanding ourgsof such failure: (a) Cures the failure within thirty (3f,) days; or (b) if
<br />the r.um rc auiros more than thirty (30) days, immediately initiates steps sufflcfefnt to cure the failuia and thereafter cpntlnuess and cornpletos
<br />a!I ro ,sonabie and necessary steps sufficient to produce compiiance ds'soon'as reasonably practical,
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