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DEED OF TRUST 200207334 <br />Loan No: 774530 (Continued) Page 4 <br />request tram time to time to per rr It such parnnin.1inn. <br />Compliance With Laws. Trustor warrants that the Properly and Tromm's Lisa of the Property complies with all existing applicable <br />laws, ordmancus, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor In this Deed of Trust <br />shall survive the execution and delivery of this Died of Trust, shall he .- duuing In nature, and shall remain is full fame and effect <br />until such bloc as Borrower's Indebtedness shall be peltl m lull. <br />CONDEMNATION. The following provisions ro orng to —connotation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation Is filed, TrusR r shall promptly notify Lender in writing, and Trustor shall promptly <br />take such snips as may hen sary to defend the action and obtain the award, Tnnstor may be the nominal party In such <br />proceeding, but Lander shall entitled <br />all be m participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice, and Trustor will tleliver or cause to be dr to Lender such instruments old decumenlation as may he requested by <br />Lender from time to time to permit suc waned participation. <br />Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or <br />purchase In lieu of condemnation, Lancer may at its election require that all or any portion of the not proceeds of the award be applied <br />to the Indebtedness or the repair or coronation of the Property. The net proceeds of the award shall mean Too award after payment of <br />all .easmmi le crosfe, 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 ohargus are a part of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Truster 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 Real Properly- Trustor shall <br />reimburse Lender fur all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and miner charges for ......dingo ra,rdar'mg this Deed of <br />Trust. <br />Taxes. Tha foil e is ing shall con stltute taxes to which lh is anotiau applies'. (1) a specific tax upon this type of Dead of Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust: (2) a specific, tax on Borrower which Borrower is authorized or <br />required to deduct from payments ou 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 />PuyLinents of principal and interest made by Borrower. <br />5u1sequent Taxes. If any tax to which this saurian applies Is reacted subsequent to the date of this Dead of Trust, this event shell <br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies fur an Event of Default as <br />provided below unless Trustor either (1) pays Iles tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens sactinn and deposits with Lender cash or a sufficient corporate .surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a <br />part of this Deed of Trust <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 Uniform Commercial Cade as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall ....ure financing statements and take whatever ether action is requested by <br />Lender to perfect and continue Lender 'a security interest In the Routs and Personal Property. In addition to recording this Deed of <br />Trust In the real property records, Lender may, at any time and whhout further authoritarian from Trustor, file executed c Lino rpamar <br />copies or reproductions of this Dead of Trust as a financing statement. Trustor shall rumburse Lender far all expenses Incurred in <br />perfecting or continuing this security Interest Upon default, Trustor shell not remove, occur or detach the Personal Property from the <br />Poperty- Upon default, Trustor shall assuroble any Personal Preporty not affixed to the Property In and at a place <br />m <br />.ably convenient to Truster and Lender and make nl available to Lender within three (3) days after receipt of written dmnand <br />from Lender to the extent permitted by applicable law, <br />Addresses. The handling addrn of Trust- (debtor) and Lender (secured party) from which Informatin concerning the security <br />Interest granted by this Deed of Trust may be obtained (cash as required by the Uniform Commercial Code) ere os stated an the first <br />page of he Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions rdaGng to fur[har assurances and attorney -in fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to Inner upon request of Lender, Trustor will make, execute and tleliver, o will cause <br />to be made, r sated or delivered, a Lender or to Lender's deslgnae, and when requested by Lender, cause to be filed recorded, <br />refiled, a corded, no file case may be, at such times and In such offices and places as Lender icy deem appropriate, any and all <br />.such mortgages, deeds of trust, security heads, s url y agreements, financing statements, continuation dalemenU', lubtruments of <br />further a.. era certificates, and other documents a toy, in tine sale opinion of Lender, benecessary or desirable in order to <br />effectuate, complete, pedant continue, or preserve (1) s Borrower's and Trustmr'a obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and .security interests created by this Deed of Trust as first and prior Ilene on the Property, <br />whether n owned or hereafter acquired by Iustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trusmr <br />shall rounhurea Lender for all costs and expenses incurred In uarmecfimn with the matters referred to In this paragraph. <br />All ..... in -Fast If Trustor fail, fo do any of the things referred to in the preceding paraypaph, Lender may dm so for and In the name <br />of Trustor and at Trustor s expense. Fnr such purposes, Trustor hereby Irrevocably appoints Lender ae Treader 's attorney- intact for <br />the purpose of making, executing, delivering, filing, re nrd eq, and doing all other things as may be necessary or desirable, In Lender's <br />sale alaninn, to accomplish the matters referred to In the preceding Paragraph. <br />