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Loan Na: 808329 <br />DEED O� TRUST 2 0 i 0 0 7 9 3 4 <br />(Continued) <br />Page 3 <br />liens and encumbrances other than thvse set forth in the Real Property description 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 beed 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 af Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the F'roperty <br />against the lawful claims of all persons. In the event any sctinn .or proceeding is commenced that questions Trustor's title or the <br />interes# of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. 7rustnr may be the <br />nominal party in such procaeding, but Lender shall be entitled to participate in the prpceeding and to be represen[ed in the proceeding <br />by counsel of Lendsr's own choice, and Trustor will deliver, or cause to be de9ivered, to Lender such instruments as Lender may <br />requast from time to time to permit such participation. <br />Complianca 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 Pramises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this peed of 7rust, shall be continuing in nature and shall remain in full fnrce and effect until such time as Trustor's <br />Indebtedness is paid in full. <br />EXISTING INp�BTE�NESS. The follawing provisions concerning Existing Indebtedness are e part of this Deed of Trust: <br />Existing Lien. The lien of this Deed nf 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 �xisting Indebtedness and to prevent any default on such <br />inde6tedness, any defaul# under the instruments avidencing such inde6tedness, or any default under any security documents for such <br />indebtedness. <br />IVo Modification. l"rustor shell not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreemen# which hes priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />ths prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement <br />without the priar written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pert 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 ac#ion and obtain the award. 7rustor 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 Procaeds. 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. 7he net proceeds of the award shall mean the award after payment of <br />all reasonable costs, expenses, and attorneys' feas incurred by Trustee or Lender in connection with the condemnation. <br />IMPQSITION QF TAXES, FEES AND CHARGES BY GOV�RNMENTAL AUTHORITIES. The following provisivns relating to gavernmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees end Charges. Upon request by Lender, 7rustor 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. 7rustor shall <br />reimburse Lender for all taxes, as described belaw, together with all expenses fncurred in recarding, perfecting or continuing this Deed <br />of Trust, including without limitation all taxss, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constituta 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 sacured by this Deed of 7rust; (2) a specific tax an Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of peed of Trust; (3) a tax on this type of Deed of Trust <br />chargeable against the Lender or the holder of the No#e; and (4) a specitic #ax on 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 sectian 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 all of its available remedies for an Event of Default as <br />provided below unless Trustor either (1) pays the tax befare it becomes delinquent, vr (2) 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; �INANCING STATEMENTS. 7he 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 constitu#e a Security Agreement to the exten# sny of the Property constitutes fixtures, and <br />Lender shall have all vf the rights of a secured party under the Uniform Commercial Cnde 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 l.ender's <br />security intarest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any <br />time and without further authorization frpm Trustor, file executed counterparts, copies nr 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 <br />defauit, Trustor shall not remoue, sever or detach the Personsl Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />available to Lender 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 <br />interest granted by this Deed of Trust may be o6tained (each as required by the Uniform Commercial Code) are as stated on the first <br />page of this beed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attomey-in-fact are a part of <br />this Dead af Trust: - <br />Further Assurances. At any time, and fram time to time, upan request of �ender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender pr to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sote opinion of Lender, be necessary or desirable in order tv <br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter <br />acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs <br />and expenses incurred in connection with the matters referred to in this paragraph. <br />Attornay-in-Fact. If Trustor fails to do any ot the things reterred to in the preceding paragraph, Lender may dp sn for and in the name <br />of Trustor and at Trustor's expense. Fnr such purpbses, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpase of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFQRMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall ?xecute and deliver to <br />Trustar suitable statements of termination of any financing statement on file evidencing Lender's security interesi. in the Rents and the <br />Personal Property, Any reconveyance fee required by law shall be paid by Trustor; if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's option, 7rustor will be in defeult under this Deed of Trust if any of the following happen: <br />i , � . � .,. , <br />�i%� �k,; � <br />