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�L0OSW1 <br />DEED OF TRUST <br />(Continued) <br />in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear. <br />Page 3 <br />Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by <br />this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such <br />Property. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute 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 duplication of <br />insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of <br />proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, <br />(B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing <br />Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect <br />Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged <br />under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the <br />Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and <br />be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remaining <br />term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will <br />secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which <br />Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender <br />from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title <br />insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) <br />Trustor 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, Trustor warrants and will forever defend the title to the Property against <br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the Interest of Trustee or <br />Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, <br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and <br />Trustor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such <br />participation, <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and <br />delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness <br />is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any <br />default under the Instruments evidencing such Indebtedness, or any default under any security documents for such Indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement <br />which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written <br />consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written <br />consent of Lender. <br />CONDEMNATION, The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Notice of Proceedings. Trustor shall immediately notify Lender in writing should all or any part of the Property become subject to any <br />condemnation or expropriation proceedings or other similar proceedings, including without limitation, any condemnation, confiscation, <br />eminent domain, inverse condemnation or temporary requisition or taking of the mortgaged Property, or any part or parts of the Property. <br />Trustor further agrees to promptly take such steps as may be necessary and proper within Lender's sole judgment and at Trustor's expense, <br />to defend any such condemnation or expropriation proceedings and obtain the proceeds derived from such proceedings. Trustor shall not <br />agree to any settlement or compromise or any condemnation or expropriation claim without Lender's prior written consent. <br />Lender's Participation. Lender may, at Lender's sole option, elect to participate in any such condemnation or expropriation proceedings <br />and be represented by counsel of Lender's choice. Trustor agrees to provide Lender with such documentation as Lender may request to <br />permit Lender to so participate and to reimburse Lender for Lender's costs associated with Lender's participation, including Lender's <br />reasonable attorneys' fees. <br />Conduct of Proceedings. If Trustor fails to defend any such condemnation or expropriation proceedings to Lender's satisfaction, Lender <br />may undertake the defense of such a proceeding for and on behalf of Trustor. To this end, Trustor Irrevocably appoints Lender as Trustor's <br />agent and attorney —in —fact, such agency being coupled with an interest, to bring, defend, adjudicate, settle, or otherwise compromise such <br />condemnation or expropriation claims; it being understood, however, that, unless one or more Events of Default (other than the <br />condemnation or expropriation of the Property) then exists under this Deed of Trust, Lender will not agree to any final settlement or <br />compromise of any such condemnation or expropriation claim without Trustor's prior approval, which approval shall not be unreasonably <br />withheld. <br />Application of Net Proceeds. Lender shall have the right to receive all proceeds derived or to be derived from the condemnation, <br />expropriation, confiscation, eminent domain, inverse condemnation, or any permanent or temporary requisition or taking of the Property, or <br />any part or parts of the Property ( "condemnation proceeds "). In the event that Trustor should receive any such condemnation proceeds, <br />Trustor agrees to immediately turn over and to pay such proceeds to Lender. All condemnation proceeds, which are received by, or which <br />are payable to either Trustor or Lender, shall be applied, at Lender's sole option and discretion, and in such manner as Lender may <br />determine (after payment of all reasonable costs, expenses and attorneys' fees necessarily paid or incurred by Trustor and /or Lender), for the <br />purpose of: (a) replacing or restoring the condemned, expropriated, confiscated, or taken Property; or (b) reducing the then outstanding <br />balance of the Indebtedness, together with interest thereon, with such payments being applied in the manner provided in this Deed of Trust. <br />Lender's receipt of such condemnation proceeds and the application of such proceeds as provided in this Deed of Trust shall not affect the <br />lien of this Deed of Trust. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />fees and charges are a part of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Dead of Trust and <br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender <br />for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including <br />without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any <br />part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from <br />payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender <br />or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by <br />Trustor. <br />Subsequent Taxe& If any tax to which this section applies Ig enacted subsequent to the date of this Deed of Trust, this event shall have the <br />5%!1r -A ,�r+, <br />V. <br />