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<br />Loan No: 809638
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<br />DEED OF TRUST
<br />(Continued)
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<br />200900177
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<br />Page 3
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<br />shall not be obligated to) take any action that Lender deems sppropriste, including but not limited to discharging or paying all taxes, liens,
<br />security Interests, encumbrances snd other clsims. st sny time levied or plscad on the Property and paying all costs for Insuring,
<br />maintaining and preserving the Property. All such axpendltures Incurred Or paid by Lender for such purposes will then bear interest at the
<br />rate charged under the Note from the data incurred or paid by Lender to the date of repayment by Trustor, All such expenses will become
<br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand: 18) 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 (1) the term of any applicable Insurance
<br />policy; or (2) tha remaining term of tha Note: or IC) be treated as a balloon payment which will be due and payable at the Note's
<br />maturity. The Deed of Trust also will secura payment of these amounts. Such right shall be in addition to all other rights and remedies to
<br />which Lender may be entitled upon Default.
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<br />WARRANTY: DEFENSE OF TITLE. The following prOVisions relating to ownership of the Property are a part of this Deed of Trust:
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<br />Title. Trustor warrants that: la) Trustor holds good and marketable title of record to the Proparty 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 titla insurance policy. title report. or final title opinion issued in fsvor of, and accepted by, Lender in connection with this Deed of
<br />Trust. and (b) Trustor has the full right, power, and authority to axecuta and deliver this Deed of Trust to Lender.
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<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 procaeding and to be representad in tha procaading
<br />by counsel of Lender's Own choice, and Trustor will deliver, or causa to be delivered, to Lender such Instrumants as Landar may
<br />request from time to tima to permit such participation.
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<br />Compllence With Lews. Trustor warrants that the Property and Trustor's use of tha Property complies with all existing applicable
<br />laws, ordinancas, and regulations of governmental authorities,
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<br />Survlvel of Representations end Werrentles, All representations, warranties. and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution snd delivery of this Deed of Trust, shall be continuing In nature, and shall remain In full force and effect
<br />until such time as Trustor's Indebtedness shall ba paid In full.
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<br />EXISTING INDEBTEDNESS. The followilig provisions concerning Existing Indebtedness are a part of this Deed of Trust:
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<br />Existing Uen, The lien of this Deed of Trust securing the Indebtedness may be secondary and Inferior to an existing lien. Trustor
<br />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.
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<br />No Modlflcetlon. Trustor shsll not enter Into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified. amended, extended. Or renewed without
<br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
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<br />CONDEMNATION, The following prOVisions relating to condemnation proceedings are S part of this Deed of Trust:
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<br />Proceedings. If any proceeding in condemnation Is flied, Trustor shall promptly notify Lender in writing, and Trustor shsll promptly
<br />take such steps as may be necessary to defend the action and obtain the sward, Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participste in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice. and Trustor will deliver Or Cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation,
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<br />Appllcstlon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by sny 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 costs, expenses. and attorneys' fees incurred by Trustee or Lsnder in connection with the condemnation.
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<br />IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions ralatlng to govarnmental
<br />taxes, fees and chargas are a part of this Deed of Trust:
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<br />_ Current Taus. Fees snd Cherges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever other action is requested' by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, sa described belOW, together with all expenses incurred in recording. perfecting or continuing this Deed
<br />of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust,
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<br />Taxes, The following shall constitute taxas to which this section spplias: (1) a specific tax upon this type of Deed of Trust or upon
<br />all or any part of the Indebtednass securad by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authoriled or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) s tax on this type of Deed of Trust
<br />chargeable sgainst the Lender or the holder of the Note: and (4) a specific tax on sll or any portion of the Indebtedness or on
<br />payments of prlnclpsl and Interest made by Trustor,
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<br />Subsequent Taxes, If any tsx to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall
<br />have the same effsct as an Event of Default, and Lender may exercise any Or all of its available remedies for an Event of Default as
<br />prOvided below unless Trustor either (1) pays the tsx before it becomes dellnquant, or (2) contests the tsx as provided sbove in the
<br />Taxes and Liens section snd deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
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<br />SECURITY AGREEMENT: FINANCING STATEMENTS, The following provisions relsting to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
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<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent sny of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
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<br />Security Interest, Upon request by Lender, Trustor shsll take whatever action Is requested by Lender to perfect and continue Lender's
<br />security Interest in the Rents snd Personsl Property. In addition to recording this Deed of Trust in the real property records. Lender
<br />may, at any time and without further authorilation from Trustor. file executed counterparts, copies or reproductions of this Deed of
<br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses Incurred in perfecting or continuing this security
<br />interest, Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default. Trustor shsll
<br />aasemble any Personal Property not sffixed to the Property in a msnner and at a place reasonably convenient to Trustor and Lender
<br />snd make It svailsbla to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />Isw.
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<br />Addrasaes. The mailing addresses of Trustor (debtor) snd Lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
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<br />FURTHER ASSURANCES: ATTORNEY.IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust;
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<br />Further Asaurences. At any time. snd from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee. and when requested by Lender. Cause to be filed, recorded,
<br />refiled. or rerecorded. as the case may be, at such times and in such offices and places as Lender may deem appropriate. any and sll
<br />such mortgages, deeds of trust, security deeds, security agreements. financing statements. continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender. be necessary or desirable In order to
<br />effectuate, complete, perfect, continue. or preserve (1) Trustor's obligations under the Note. this Deed of Trust. and the Related
<br />Documents, and (2) the liens and security Interests created by this Deed of Trust as first and prior liens on the Property, whether
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