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DEED OF TRUST Page 4 <br />200211280 (Continued) <br />Compllenee with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the <br />insurance provision contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions <br />untler this Deed of Trust, to Ilse extent compliance with the terms of this Dead of Trust would constitute a duplication of insurance requirement. It <br />any proceeds from the insurance become payable on loss, the provisions in this Dead of Trust for division of proceeds shell apply only to Thal <br />portion of the proceeds not payable to the holder of the Existing Indebtedness, <br />1f. EXPENDITURES BY LENDER. If Grantor fails to comply With any provision of this Deed of Trust, including any obligation to maintain Existing <br />Indebtedness in good standing as required below, or if any action or proceeding is commenced that would maternally affect Lender's interests in the <br />Prop", Lender on Grantor's behalf may, upon notice to Grantor, but shall not be required to, take any action that Lender deems appropriate. Any <br />amount that Lender expends in so doing will bear interest at the rate charged untler. the Credit Agreement from the date incurred or paid by Lender to <br />the data of repayment by Grantor. All such expenses, at Lenders opbon, will (a) be payable on demand, Or (b) he added to the balance of the credit <br />line. This Dead of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or <br />any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not or continued as cuing the default so as <br />to bar Lender from any remedy that otherwise would have had. <br />l2 WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pen of this Deed of Trust. <br />Tittle. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property (including a leasehold interest, it any), hee and <br />deer d all liens and encumbrances except those of record, and (b) Grantor has the full right. Power, and authority to execute and deliver this <br />Dead of Trust to Lender. <br />Defense 0 Title. Subject to the exception in the paragraph above, Grantor warrens and will forever defend the title to the Property against the <br />lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee m Lender <br />under this Dead of Trust. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender <br />shelf be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver, or <br />cause to be delivered. to Lentler such instruments as Lender may request from time to time to permit such participation. <br />Compliance With Lewis. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, <br />crd ro nces, and regulations of governmental authorities. <br />13. EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the "Existing Indebtedness') are a pan of this Dead of <br />Trust. <br />ExLStlng Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien, if there is such a lien. <br />Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br />No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust. or other security agreement which <br />has priority over this Dead of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of <br />Lentler. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of <br />Lender. <br />la. CONDEMNATION. The following provisions relating to proceedings in condemnation are a part of this Dead of Trust. <br />Application of Net Proceeds. If all or any part of the Property is condemned, Lender may at its election require that all or any portion of the het <br />proceeds of the award he applied to the indebtedness under the LOANLINERS Home Equity Plan, subject to the terms of any mortgage or dead of <br />that with a Ilan which has pnonty over this Dead of Trust. The net proceeds of the award shall mean the award after payment of all reasonable <br />costs, expenses, and attorneys' fees necessarily paid or incunetl by Grantor, Trustee or Lender in connection with the condemnation. <br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such <br />steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be <br />entitled to participate in the proceeding and to be represented in the proeatling by counsel of its own choice, and Grantor will deliver or cause to <br />be delivered to Lender such instrument as may be requested by it from lime to time to permit such participation. <br />15. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />fees, and charges are a pen of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take <br />whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse, Lender for all <br />taxes, as described below, together with all expenses incurred in recording, "nothing or continuing this Deed of Trust, including without limitalon <br />ell taxes, teas, documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this secion applies: (a) a specific tax upon this type of Dead of Trust or upon all Or any pan <br />of the Indebtedness secured by this Dead of Trust; (b) a specific W on Grantor which Grantor is aathonxed or required to deduct from payments <br />on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of <br />the Credit Agreement end (d) a specific tax on all or any portion of the Indebtedness or on payment of principal and interest made by Grantor. <br />16. FURTHER ASSURANCES. The following provisions relating to further assurances are a pan of this Deed of Trust. <br />Further Assurances. Upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender <br />or to Lenders designee, and when requested by Lender, cause to be filed, worded, refiled, or reworded, as the case may be at such times and <br />in such offices and places as Lender may deem appropriate. any and all such mortgages, creels of trust, security needs, security agreements, <br />financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of <br />Lender, be necessary or desirable in order to effectuate, complete, perfect. continue, or preserve (a) the Obligations of Grantor under the Credit <br />Agreement, this Deed of Trust, and the Related Documents, and (b) the liens and security interests created by this Deed of Trust on the Property. <br />Unless prohibited by low or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for an costs and expenses incurred in <br />connection with the matters retained to in this paragraph. <br />fY. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise Worms all the <br />obligations imposed upon Grantor under this Deed of Trust, Lender shelf execute and deliver to Trustee a request for full reconveyance. <br />16. DEFAULT. Each Of the following, at the option of Lender, Shen constitute an event of default ('Event of Del lM) under this Dead of Trust: (a) <br />Grantor commits fraud Or makes a r elef er misrepresentation at any time in connection with the credit line account. This can include, for example, a <br />retie statement about Grantors income, assets, liabilities, Or any other Aspects of Grantors firancial condition. (b) Grantor does not meet the <br />repayment leers 0 the credit tine account. (c) Grantors action or inaction adversely affects the collaterat fix the credit line amount or Lenders rights in <br />the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death <br />Of all persons liable on the account, transfer of title or sale of the dwelling, creation Of a lien On the dwelling without our permission, foreclosure by the <br />