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- DEED OF TRUST 2 010 0 7 9 6 2
<br />Loan No: 101235634 (Col�tinued) Page 4
<br />appartioned among and be payable with any installment payments to become due during either (1) the term of any applicabfe insurance
<br />policy; or (2) ths remaining term af the Note; ar (C) be treated as a balloon payment which will be due and payable at the Nate's
<br />maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in additipn to all pther rights and remedies to
<br />which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Prpperty ara a part of thia Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good end marketabls title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set fprth 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 cannectipn with this Daad pf
<br />Trust, and (6) Trustor has the full right, power, and authority tn execute and deliver this Deed of Trust to Lender.
<br />Defensa af Title. Subject to the exceptian in the paragraph above, 7rustor warrants and will forever defend the title to the Property
<br />against the fawful claims of all persons. In the evant any ection pr proceedfng is commenced that questions 7rustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at 7rustor's expense. Trustor may be the
<br />nominal perty in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the prpceeding
<br />by counsel af 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 />Gompliance With Laws. Trustor warrants that the Property and 7rustor's use of tha Property cpmplies with ali existing applicabie
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warrenties, and agreements made by 1'rustor in this Deed of Trust
<br />shall survive the execution and delivery af this Deed af 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 />EXISTING INbEBTEDNESS. The following provisipns concerning Existing Indebtedness are a part of this peed of Trust:
<br />Existing Lien. The lien of this Deed of 7rust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see ta 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 Modifieation. Trustor shall not enter into any agreement with the holder pf any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed af Truat by which that agreement is modified, amended, extended, or renewed withput
<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 nf Lender.
<br />CpNDEMNATION. The following provisions relating to condamnation proceedings are a part of this Deed of Trust:
<br />Praceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor ahall promp#ly
<br />take such steps as may be necessary to defend thp action and obtain the award. Trustnr may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be reprssented in tha prpceeding 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 fram time to time to permit such participation.
<br />Application af Net Proceeds. If all or any part of the Property is candemned by eminent domain proceedings or by any proceeding ar
<br />purchase in lieu of condemnation, Lender may et its electipn require that all or any portion of the net proceeds of tha eward ba applled
<br />to the Indebtedness or the repair or restoration of the Property. 7he net praceeds 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 />IMP051TION pF TAXES, FEE$ AND CHARGES 8Y GOVERNMENTAL AUTHpRITIES. The follawing provisions relating tn governmental
<br />taxes, fses and charges are a part of this Deed nf Trust:
<br />- --- Current Taxo�, Fees and Chergea. Upon reque�T hy t�nrler, Tru�tor sheii execu[� such documerrts' in addition to this beed -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 />reimbursa Lender for all taxes, as described below, togethar with �II expenses incurred in recording, perfecting or continuing this Deed
<br />pt Trust, including without limitation all taxes, fees, dacumentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />1'axes. 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 tha Indebtedness secured by this 17eed of 7rust; (2) a specific tax on Borrower which 8orrower is authorized or
<br />required #o deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of 7rust
<br />chargeable against the Lender or the holder of the Note; end (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Borrower.
<br />5ubsequent taxes. If any tax ta which this section epplies is enacted subsequent to the date of this Desd af Trust, this evant shall
<br />have the same sffect as an Event of Default, and Lender may exercise any or all pf its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax befare it becomes delinquent, or (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 Landar.
<br />SECUHI7Y AGR�6MENT; FINANCIN(3 STATEMENTS. The following provisions relating to this Daed of Trust as a security egreemant are a
<br />part of this De9d pf Trust:
<br />5ecurity Agreement. This instrument shall constitute a Security Agreement to the extent any pf tha Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Cnmmerpial Code as emended from time to time.
<br />Sacurity Interest. Upon request by Lender, Trustor shsll teke whatever ac#lon is requested by Lender to perfect and continue Lender's
<br />security interestin the Rents and Perspnal Prpperty. In addition to recording this Deed of 7rust in the real property records, Lander
<br />may, at sny time and withput further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of
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