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Loan No: '101234731 <br />DEED OF TRUST 2 O 1 O Q r� � 8 9 <br />(Continued) Page 4 <br />laws, ordinances, and regulations of gpvemmentel authnrities. <br />Survivai of Representatians snd Warrsnties. All representations, warranties, and agreements made by Trustor in this bead af Trust <br />shall survive the execution and delivery of this Deed of 7rust, shall ba 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 INDEBTE�NESS. The following provisions cqncerning Existing Indebtedness are a part of this Deed of 1'rust: <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 psy, or see to the payment of, the Existing Indebtedness and to prevent any defeult on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security dpcuments tor such <br />indebtednsss. <br />IYo Modification. Trustor shell not enter into any agreement with the holder of any mortgage, deed af trust, or other security <br />agreement which has priority over this Deed of 7rust by which that egreament 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 />CONDEMNATIbN. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnatian is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the actian and obtain the award. Trustar may be the nominal party in such <br />proceeding, but Lender shall 6e entitled to participate in the proceeding and to be reprasented in the proceeding by counsel of its own <br />choice, and Trustor will deliver or cause to be delivered tn Lender such instruments and documentation as may be requested by <br />Lender fram time to time to permit such participa#ipn. <br />Application of Net Procesds. If all or any part of the Property is cnndemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its elsc#ion require that all or any portion of the net proceeds of the award be applied <br />to the Indehtedness or the repair or restnration of the Property. The net proceeds of the award shall mean the eward after payment of <br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connectipn with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUl'WORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a pert of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such dncuments 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. Trustar shall <br />reim�ursa Lender for all taxes, as described below, togethsr with all expenses incurred in recording, perfecting or continuing this Deed <br />nf 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 consti#u#e 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 Inde6tedness secured by this Daed of Trust; (2) 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; (3) a tax on this typa nf Dead pf Trust <br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any partion of the Indebtedness or on <br />payments of principel end interest made by Trustor. <br />Subsequent Taxes. If any tax ta which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall <br />have the same effect as sn Event of �efault, and Lender may exercise any nr all pf its svailaple remedies for an Event of Default as <br />provided below unless Trustar either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the <br />Taxea end Liens sectinn and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURI7Y AGREEMENT; FINANCING STATEMENtS. The tollowing 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 Agresment 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 />Securlty Interest. Upon request by Lender, 7rustor shall take whatever action is requested by Lender to perfect end 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 eny 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 pr cantinuing this security <br />interest. Upon default, 7rustar shall not remove, sever or detach the Personal Praperty frqm the Praperty. Upon default, Trustor shall <br />assembls any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and l,ender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by appliceble <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 beed of Trust may be obtained (each as required by tha Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-�AC7. The following provisions relating to further assurances and attorney-in-fact ere a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, "Crustor 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 Lendar, cause to be filed, recorded, <br />refiled, nr rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any end ell <br />such mortgages, deeds of trust, security deads, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificatss, snd other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effgCtuste, cnmplete, perfect, continue, or preserve (1) Trustor's obliga#ions under the Note, this Deed of Trust, and the Related <br />