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<br /> g F:; r 8 f i a r DE Q OF TRUST 2 010 0 5 913 egg
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<br /> on each .existing policy of insurance showing (1), the name pf the. insurer; (z) the;,nsks insured; 131 the amoynt of the policy; 141
<br /> the property inswred,!,the then currept rep.lacenfent, valud.;;of. such property, and t~e manner pf determining thift ~valy ar7d, 5) the
<br /> expiration date of the:policy, , Trus1gr shall, upon request of Lender,, have an irldgpendepti.pppraiser satisfactory to endgr determine
<br /> the cash value 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
<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 behalf may (but shall 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 (C) 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 /> 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 tee 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 Dead 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 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 /> Compliance With Laws. Trustor,;warrants'.that,the Property and,Trustpr's use; of,:thH,Property,complies. with all,existing applicable
<br /> laws, ordinances, and regulations of governmental authorities.
<br /> Survival of, Representations and. Warranties,, All re.Presentations, warranties, and agreema.nts made b.y Trustor. in this. Geed of Trust
<br /> shall~surviva 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 /> 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 be 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 of
<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 /> all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on. Borrower which Borrower is authorized or
<br /> required to deduct from payments on.the Indebtedness secured by this type of Deed of Trust; (3) a•tax on this type of Deed,of.Trust
<br /> chargeable against the Lender oe the holder of the Note; and (4) a specific tex on all' or any portion of`'the 'Indebtednes's or on
<br /> payments' of 'pYincipal and interest made by Bo'rro'wer.
<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 ar4bgnder may exercise any'or all of Its available remedies for an1Ven't of Default as
<br /> provided below unless Trustor either (1) pay's the tax before it. becomes deliriquent,''or (2) 'contests the tax as provided above in the
<br /> Taxes and Lions 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
<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 Rents 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. 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 shall
<br /> assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br /> law,
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
<br /> interest granted by this Dead 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.
<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:
<br /> Further Assurances. At any time, and 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 /> refilad; or, rerecorded,. as the ease may-be' at such times, and in such offices and places as Lender may deem appropriate, arty and all
<br /> such-1mor1gages; deeds of trust, security :deads;,•security agreements, financing-statern
<br /> ents,;;oontinuation atatemerat$, instruments of
<br /> a.: further assurance, certificates .a.nd. other..documa•rtts. as,may, in the, sole,opi;ni,on. of Lender, be. necessary or,desirable in order to
<br /> effectuate,, complete perfect, continue, orsp,reserve.,.lll Elgrrower'•s.and,Trustor's.obligations under,the Note, this,-,Dead of Trust, and
<br /> the.Reletsd Documents,. and (2), the liens and security, interests created by,thrs Oeled of Trust as first and prior liens on the Property,
<br /> whether now owned or hereafter acquired by, Trustor.• Unless prohibited by law or Lender agrees :to the. contrary In writing, Trustor
<br /> shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to In.this paragraph.,
<br /> Attorney-in-Fact. If Trustor fails to do any of. the things referred to, in the preceding paragraph, Lender may do so for and in the name
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