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'� �4PtE•QRECQ�D??R' <br />9;9(;14Mill5 "' DEED OF TRUST g��a�4�O92 Page <br />(Continued) i ri <br />Compliance with Existing Indebtedness. During the period in which any Existing indebtedness described below is in affect, compliance with IM <br />insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions <br />under this Dead of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insuratare requirement. If <br />any proceeds from the insurance become payable on loss, the provisions in this Dead of Trust for division M proceeds shall apply only to that <br />portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />11. 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 materially affect Lenders interests in the <br />Properly, Lender on Grantor's behalf may, upon notice to Grantor, but shall not be required to, take any action that Lancer deems appropriate. Any <br />amount that Lender expands in so doing will bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to <br />the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, or (b) be added to the balance of the credit <br />line. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall lea 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 ce construed as curing the default so as <br />to bar Lender from any remedy that a otherwise would have halt. <br />12. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownertho of the Property are a part of this Dealt of Trust. <br />TNIe. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property (including a leasehold interest, if any), free and <br />deer of all liens and encumbrances except those of record, and (b) Grantor has the fun night, power, and authority to exacu a and deliver this <br />Deed of Trust to Lender. <br />Defense of Title. Subject to the exception In the paragraph above. Grantor warrants 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 questiorrs Grantor's time or the interest of Trustee or Lender <br />under this Dealt of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender <br />shall 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 Lender such instruments as Lender may request from time to time to permit such participation. <br />Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable Is", <br />Ordinances, and regulations of governmental authorities. <br />11 EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the'Existmg Indebtedness") are a pad of this Deed of <br />Trust. <br />EMstng Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and interior to an existing lien, R there a such a lien. <br />Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebted ess and to prevent any default on such <br />mdabtedresa, any default under the instruments evidencing such indebtedness, m any deeutt untler any security documents for such <br />indebtedness. <br />No ModMcation. Grantor shall not enter into any agreement with the holder of any mortgage, deed of must, Or other security agreamenl which <br />has pnonty over this Dead of Trust by which that agreement is nodded, amended, extended, or renewed without the pnor written consent of <br />Lender. Grantor shall neither request nor accept any future advances under any such sacunty, agreement without the prior written consent of <br />Lender. <br />la. CONDEMNATION. The following provisions raising to proceedings in condemnation are a part of this Deed of Trust. <br />Application of Net Proceeds. If all or any pan of the Property is condemned, Lender may at its section require that all or any portion of the net <br />proceeds of the award be applied to the Indebtedness under the LOANUNER® Home Equity Han, subject to the lrms Or any morlpage Or deed of <br />trust with a lien which has priority Over this Dead of Trust. The net proceeds of the award shall mean the award after payment of all reasonable <br />costs, expenses, and atorneys' fees necessarily paid or incurred by Grantor, Trustee or Lender in connection with the condemnation. <br />Proceedings. It any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor stall promptly take such <br />steps as rosy be necessary to defend the action and Obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall ce <br />enMed to participate in the proceeding and to be represented in the proceeding by counsel of its Own choice, and Grantor will deliver or cause to <br />ce delivered to Lender such instruments as may be requested by it from time 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 />ices and charges are a pad of this Dealt of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such docunents in addition to this Dead of Trust and take <br />whatever other action a 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 won all expenses incurred in recording, "hatching or continuing this Dealt of Trust, includmg without lim ortion <br />airlines, fees, documentary stamps, and other charges for recording or registering this Dead of Trust. <br />Taxes. The following shall constitute lazes to which this section applies: (a) a specific in upon this type of Deed of Trust or upon all or any pad <br />of the Indebtedness secured by this Deed Of Trust; (b) a specific In on Grantor which Grantor as authonmtl or required to cal l from payments <br />on the Indelo stlness secured by this type of Deed of Trust; (c) a lax on this type of Dead of Trust chargeable against the Lender or the holder of <br />the Credit Agreements and (d) a specific laz on all or any portion of the indebtedness or on payments of principal and Interest dace by Grantor. <br />16. FURTHER ASSURANCES. The following provisions relating to further assurances are a part of this Dead 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, recorded, rallied, or rerecorded, as the case may lea, at such times and <br />in such offices and places as Lencer they deem appropriate, any and all such modgages, deeds or trust, security deeds, security agreements, <br />MarCilg sfaemem, continuation statement, instruments of further assurance, Cartlficales, and Other documments as may, in the sole Opinion of <br />Lancer, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grants under the Credit <br />Agreement this Deed of Trust, and the Related Documents, and (b) the liens and security fntests created by has Dead W Trust On the Property. <br />Uness prohibited by law or agreed to the contrary by Lencer in writing. Grantor shall reimxburse Lender for all costs and expenses incurred in <br />connection with the maters referred to in this paragraph. <br />IT. FULL, PERFORMANCE. It Grantor pays all the Indebtedness when due, haminatee the credit Nee account, and Otherwise performs all the <br />obligations imposed upon Grantor under this Dead of Trust, Lantlx shall execute and deliver to Truslas a request for full reconwyance. <br />16. DEFAULT. Each M the following, at the option of Lender, smill constitute an event of dafauti ('Event of Dafaun under this Dead of Trust: (a) <br />Grantor commits fraud Or makes a material merepresenation at any time in connection wish the credit line account. This can include, far extimple, a <br />fame saemxt about Grantors income, assets, Iebilitess, Or any other aspects of Grantors financial condition. (b) Grantor does not meet the <br />repaymaM farms of the cre ld line account. (c) Grantors action Or inaction adversely affects the collateral for the credt tree account or I-enders night in <br />the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay Was death <br />of all persons liable on the account, transfer of title or safe Of the dwelling, creation of a lien on the dwelling without our permission, foreclosure by the <br />