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4 <br />`: ~ DEED OF TRUST 2 010 0 0 6 2 7 <br />Loan No: 101227738 (Continued) Page 4 <br />maturity. The Deed of Trust also will secure payment of these amounts. 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 fallowing provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustnr holds gpod 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 descriptipn 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 (b) 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 <br />against the lawful claims of all persons. In the event any action pr 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 Trustnr's expense. Trustor may 6e 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 awn 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 />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 />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 Trustor's Indebtedness shall be 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 <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. <br />No Modification. Trustor shall 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. <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 <br />take such steps as may be necessary to defend the action and obtain the award. Trustor may 6e 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 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. <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 pf <br />all 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 <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. 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, as 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. <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 <br />atl or any part of the Indebtedness secured by this Deed of Trust; 12) a specific tax on Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured 6y this type of Deed of Trust; 13- a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the Note; and 141 a specific tax pn all or any portion of the Indebtedness or on <br />payments of principal and interest made by Trustor. <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 <br />have the same effect as an Event of Default, and Lender may exercise any or ail of its available remedies for an Event of Default as <br />provided below unless Trustor either (1) pays the tax befpre it becomes delinquent, or 12- contests the tax as provided above in the <br />Taxes and Liens 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 tp this Deed of Trust as a security agreement are a <br />part 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 <br />Lender 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 Rants and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of <br />Trust as a financing statement. Trustnr shall reimburse Lender far all expenses incurred in perfecting nr continuing this security <br />interest. Uppn default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall <br />