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<br /> DEED OF TRUST 200908656
<br /> Loan No: 30562 (Continued) Page 3
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<br /> in full of the Indebtedness, such proceeds shall be paid;to,Trustor as Trustor s
<br /> interests may appear.{
<br /> Trustor's Report on Insurance Upon request df hander, however not more than once a year''Trustor shail furnish to Lender a re 0&6n
<br /> each' existing policy of Insurance shpwing `'(1) 169 646e of'•tha insurer, (2)' the risks, insured;' (3) ''the amount of the policy; 4) the
<br /> property insured; the then current'replacernent value' nf'such properly; and the manner of determining that value; and "(6)' the expiration
<br /> date of the policy. Trustor shall; upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash 'value
<br /> 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 Trustor
<br /> fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to discharge or pay
<br /> when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Truster's behalf
<br /> may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes,
<br /> liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining
<br /> and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under
<br /> 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 Indebtedness
<br /> 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 be payable
<br /> with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the
<br /> 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 secure payment
<br /> of these amounts, Such right shall be in addition to all other rights and remedies to 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. 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 any title insurance policy, title report, or final title opinion
<br /> issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to
<br /> 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 against
<br /> the lawful claims of all persons. In the event any action or proceeding is commenced that questions Truster's title or the interest of Trustee or
<br /> Lender under this Deed of Trust, Truster shall defend the action at Trustor's expense. Truster may be the nominal parry 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 /> Truster will deliver, or cause to be delivered, to 'Lender such lnstruments as Lender' may reeiuest from time to time to `permit such
<br /> participation.
<br /> Contpliance'With Laws. Trustor warrants that the Property' and Trustor's use of the Pr~perry complies with all'exlsiing.'applicable laws,
<br /> ordinances'; and'regulations of 4 ernrriental authont~es`
<br /> Survival of Representations and Warranties. All representations, warranties, and -agreements made by Truster in this,. Deed of Trust shall
<br /> survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time
<br /> as Borrower's Indebtedness shall be paid in full.
<br /> CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br /> Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such
<br /> steps as may be necessary to defend the action and obtain the award, Trustor may be the nominal parry 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 Trustor will
<br /> deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit
<br /> such participation.
<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 to the
<br /> Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the. award after payment of all
<br /> reasonable costs, 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 taxes,
<br /> 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 and
<br /> take whatever other action is requested by Lender to perfect and continue Lender's lion 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 Borrower which Borrower is authorized or required to deduct
<br /> from 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
<br /> Lender 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
<br /> made by Borrower.
<br /> Subsequent Taxes, If any tax to which this.section' applies is enacted subsequent to the date of this Deed of Trust, this event shall have the
<br /> same effect as an Event of Default, and Lender may exercise any' or all of its availabWrentedies' for an,Event of Default as provided below
<br /> unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
<br /> section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
<br /> of this Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender
<br /> shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br /> Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's
<br /> security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at
<br /> any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br /> financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,
<br /> Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Personal
<br /> Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender
<br /> within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which Information concerning the security interest
<br /> granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
<br /> Deed of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
<br /> Deed of Trust:
<br /> Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee; and when requested by Lender, cause to be filed, recorded, refiled, or
<br /> rerecorded, as the case may be, at such times andln'sucli offices and places as, Lender may. deem appropriate, any and all such mortgages,
<br /> 'deeds` of trust, security deeds;' security:agreements, financing statements,: continuation'•statements, instruments °of..,further, assurance,
<br /> certificates; and other documents as may;'In the sole opinion of Lender,` be necessary or desirable in order to,effectuate, complete; perfect,
<br /> continue, or preserve (1), . Borrower's and Trustor's obligations under the Note; this Deed, of Trust, and the. Related: Documents, and (2).
<br /> the liens and security interests. created by this Deed of :Trust as first and prior liens on the Property; whether now. owned or hereafter
<br /> acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Truster shall reimburse Lender for all costs and
<br /> expenses Incurred in connection with the matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Truster fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
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