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<br />DEED OF TRUST � � � � U ,� � � ry
<br />Loan No: 922210 r (Continued) � Page 3
<br />Any such action by Lender shall not be construed as curing tha defeult so as to bar Lender from any remedy that it otherwise wauld hava
<br />had.
<br />WARRANTY; DEFENSE OF 717LE. Tha 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
<br />liens and ancumbrances other than thqse 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 />pawer, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of 7'itle. Subject to the exception in the paragraph above, Trustor warrants and will fvrever defend the title to the Property
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questiqns Trustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shali defend the action at Trustor's expense. Trustor may 6e the
<br />nominal party in such proceeding, hut 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 instrumants as l.ender may
<br />request from time to time to permit such participatipn.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all exiating applicable
<br />laws, ordinances, and regulations of governmental authorities. -
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed ot Trust shall survivs the execution
<br />and dalivery qf this Deed of 7rust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's
<br />Indebtedness is paid in full.
<br />CONDEMNATION. The following provisipns relating to condemnation proceedings are e part of this Deed of 7rust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor 5hall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may 6e necessary tv defend the action and obtain the award. 7rustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participete in the proceeding and to be represented in the proceading by counsel of its own
<br />choice, and Trustar will deliver or cause to be delivered to Lender such instruments and dpcumentatipn as may be requested by
<br />Lender from time to time ta 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 />purohase in lieu of condemnation, Lendar 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 restoratian nf the Property. The net prpceads of the award shall mean the award after payment of
<br />all reasonable coats, expenses, and a[tarneys' fees incurred by Trustee or Lender in cpnnection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHpRITI�S. The following provisions relating to governmental
<br />taxes, fees and charges are a part af this Deed of Trust:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall executa such documents in addition to this Desd of Trust
<br />end take whatever other actipn is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimbursa Lender for all taxes, as described below, together with all expenses incurred in recprding, 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 upan
<br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or
<br />requirad to deduct from payments on the Indebtedness secured by this type of Deed vf Trust; (3) a tax on this type of peed of Trust
<br />chargeabls against the Lender pr the holder of the Note; and (4) a specific tax qn all or any portion of the Indabtedness or on
<br />payments of principal and interest made 6y Trustor. ,,;
<br />5ubsequent 7axes. If any tax tp which this section applies is enacted'sul�sequent to the date af thls Dead of Trust, this event shall
<br />have the same effect as an Event of Default, and Lender may sxarcise any or all of its available remedies for an Event of Default as
<br />provided below unlsss Trustor either (1) pays the tax before it becames delinquent, or (2) contests the tax as prpvided abave in the
<br />Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory tp 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 pf the Property constitutes fixtures, and
<br />l.ender shall h�ve 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, Trustar shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest In the Personal Property. In addition to recording this Deed of Trust in the raal property records, Lender may, at any
<br />time and without further authorization from Trustor, file executed countarparts, copies or reprpductions of this Deed at Trust as a
<br />financing statement. 7rustor shall reimburse l.ender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall npt remove, sever or detach the Personal Prqperty from the Prpperty. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a plape reasonably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lander to the extent permitted by applicable law.
<br />Addresses. Tha mailing addresses of Trustor (de6tor) and Lender (secured party) from which infqrmation concerning tha security
<br />interest granted 6y this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) ara as stated on the first
<br />page of this peed 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 tima, upon request of Lender, 7rustor 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, recnrded,
<br />refiled, or rerecorded, as the case may be, at such times and in such pffices and places as Lender may deem apprppriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further essurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or dasirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Nqte, this Peed of Trust, and the Related
<br />Dacuments, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether
<br />now owned or hereafter acquired by Trustar. Unless prohi6ited by law or Lender agress to the contrary in writing, 7rustor shall
<br />reimburse Lender for all cvsts and expenses incurred in connection with Che matters referred to in this peragraph.
<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 nama
<br />of 7rustor and at Trustor's expense. For such purposes, Trustor hereby irrevpcably appoints Lender as Trustor's attorney-in-fact for
<br />the purpqse of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirabls, in Lander's
<br />sole opinion, tp accomplish the matters referred to in the preceding paragraph.
<br />FULL P�RFORMANCE. If Trustar pays all the Inde6tedness, including without limitation all future advances, when due, and otherwise
<br />performs all the obligations imposed upvn Trustor under this �aed of Trust, Lender shall execute and deliver to Trustae a request for full
<br />reconveyance and shall execute and deliver to 7rustar suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
<br />EVENTS QF DEFAULT. At Lendar's option, Trustor will be in default under this Deed pf Trust if any of the following happen:
<br />Payment Default. Trustor fails to meke any payment when due under the Indebtedness.
<br />Bresk pthar Pramises. Trustor braaks any promise made to Lender or fails to perform pramptly at the time and strictly in the mannar
<br />provided in this Deed of Trust or in any agraement related to this Deed nf Trust.
<br />Compliance Default. Failure to comply with any pther term, obligation, covenant or condition contained in this pesd of Trust, the Note
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