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20(0214521
<br />DEED OF TRUST
<br />Loan No: 776147 (Continued) Page 4
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall convince, compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of Insurance requirement. If any proceeds from the insurance became payable on lass, the provisions in this Deed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br />Truster's Report on Insurance. Upon request of Lender, however not more than once a year, Truster shall furnish to Lender a report
<br />on each existing policy of insurance showing: U the name of the insurer, (2) the risks insured; (3) the amount of the Polley; (4)
<br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Truster shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if
<br />Truster fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Truster's (allure to
<br />comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any
<br />amounts Truster is required to discharge or pay under this Deed of Trust or any Related Documents. Lender on Truster's behalf may (but
<br />shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens,
<br />.ecurity interests, encumbrances and ether claims, at any lime levied or placed on the Property and paying all costs for Insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the
<br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Truster. All such expenses will become
<br />e part of the Indebtedness and, at Lender's option, will (A) be payable on demand; IB) be added to the balance of the Note and be
<br />apportioned among and be payable with any installment payments to become due during either 111 the term of any applicable insurance
<br />penny; or 121 the remaining term of the Note; or f be as a balloon payment which will be due and payable at the Note's
<br />of
<br />maturity. The Deed of Trust also will secure payment of these amounts. nts. Such right shall be in addition to all ether rights and remedies to
<br />which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Truster warrants that: (a) Truster holds good and marketable title of record he the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or In the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and gh Truster has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Truster warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Truster's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Truster shall defend the action at Trestor's expense. Truster may be the
<br />nominal party in such proceeding, but Lender shall be poldled to participate in the proceeding and to he represented in the proceeding
<br />by counsel of Lender's own choice, and Truster will deliver, or cause to be delivered, to Lender such Instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Toucher warrants that the Property and Truster'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 Truster 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 and an full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indehtedness are a part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust staining the Indebtedness may be secondary and inferior to an existing lien, Truser
<br />expressly covenants and agrees to pay, or see to the payment o1, 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. Truster shall not enter into any agreement with the bulder of any mortgage, deed of trust, or other Security
<br />agreement which has priority n er this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written cent of Lender. Tre stor shall neither request nor accept any future advances any such security agreement
<br />without the prim written consent of Lender.
<br />CONDEMNATION. The following provisions relating he condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. Ii any proceeding in condemnation is filed. Truster shall promptly notify Lender in writing, and Truster shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. Truster may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Truster will deliver o r cause to he delivered to Lender such instruments and documentation as may be requested by
<br />Tender from time to time to permit suchparticipation,
<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, 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 net proceeds of the award shall mean the award after payment of
<br />all reasonable Lusts, 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 charges are a part of this Deed 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 Lander to perfect and continue Lender's lien on the Real Property. Truster shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxee, lees, documentary stamps, and other charges for retarding or registering this Deed of
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