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<br />e <br /> <br />e <br /> <br />.' <br /> <br />" <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200708452 <br /> <br />Page 4 <br /> <br />Loan No: 87694 <br /> <br />satisfactory proof of such expenditure, payor reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if <br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br /> <br />Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered <br />by 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 <br />such Property. <br /> <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (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. Trustor shall, upon request of Lender. have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />- on TruStor's be hall , may (but -!in-all' 'not be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes <br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All <br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the <br />balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (e) be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other <br />rights and remedies to which Lender may be entitled upon Default. <br /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br /> <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 <br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br /> <br />Defense of Title. Subject to the exception in the paragraph above, Trustor 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 Trustor's title or the <br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustor 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 /> <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br /> <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 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 paid in full. <br /> <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br /> <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 er 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 <br />Property. Trustor further agrees to promptly take such steps as may be necessary and proper within Lender's sole judgment and at <br />Trustor's expense, to defend any such condemnation or expropriation proceedings and obtain the proceeds derived from such <br />proceedings. Trustor shall not agree to any settlement or compromise or any condemnation or expropriation claim without Lender's <br />prior written consent. <br /> <br />Lender's Participation. Lender may, at Lender's sole option, elect to participate in any such condemnation or expropriation <br />proceedings and be represented by counsel of Lender's choice. Trustor agrees to provide Lender with such documentation as Lender <br />may request to permit Lender to so participate and to reimburse Lender for Lender's costs associated with Lender's participation, <br />including Lender's reasonable attorneys' fees. <br /> <br />Conduct of Proceedings. If Trustor fails to defend any such condemnation or expropriation proceedings to Lender's satisfaction, <br />Lender may undertake the defense of such a proceeding for and on behalf of Trustor. To this end, Trustor irrevocably appoints Lender <br />as Trustor's agent and attorney-in-fact, such agency being coupled with an interest, to bring, defend, adjudicate, settle, or otherwise <br />compromise such condemnation or expropriation claims; it being understood, however, that, unless one or more Events of Default <br />(other than the condemnation or expropriation of the Property) then exists under this Deed of Trust, Lender will not agree to any final <br />settlement or compromise of any such condemnation or expropriation claim without Trustor's prior approval, which approval shall not <br />be unreasonably withheld. <br /> <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 <br />Property, or any part or parts of the Property ("condemnation proceeds"). In the event that Trustor should receive any such <br />