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� <br />Loan No: 81 p084 <br />� <br />DEED OF TRUST 2 Q 1 Q �$ � 6 9 <br />(Contlnued) P � g � 3 <br />balance of the Note and be apportioned among and be paya6le with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or (2) #he remaining term of the Note; or (C) be treated as a 6alloon payment which will be due and <br />payable at the Note's maturity. The beed of Trust also will secure payment of these amounts. Such right shell be in addition to all other <br />rights and remedies tn 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 nf Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable titls of record tv the Property in fee simple, free and clear of all <br />liens and encumbrances pther than those set farth 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 hss the full right, <br />power, and authority to execute and deliver this beed of Trust to Lendsr, <br />befense of Title. Subject to the exceptibn in the paragraph above, 7rustor warrants and will forever defend the title #o 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, Trustvr 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 snd ta be represented in the proceeding <br />by epunsel 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 tn permit such participation. <br />Compliance With Laws. Trustpr warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of gvvernmental authorities. <br />Survival of Representations and Warranties. All representatinns, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this beed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as Trustnr's Indebtedness shall pe psid in fuli. <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 participata in the proceeding and to be represented in tha proceeding by counsel of its awn <br />choice, and Trustor will deliver or cause to be delivered ta Lender such instruments and documantation 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 portinn of the net proceeds of the award be applied <br />tn 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 cannection with the condemnation. <br />IMPOSITION OF TAXES, FEES ANp CHARGES BY GOVERNMENTAL AUTHORITI�S. 7he following provisians relating to gavernmental <br />taxes, fees and charges are a part af this beed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall exscute such documents in addition to this beed 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 withnut 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 beed nf �rust; (2) a specific tax nn 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 Note; and (4) a specific tax 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 section applies is enacted subsequent to the date of this beed nf Trust, this event shall <br />heve 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 before it 6ecomes 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 Lender. <br />SECURITY AGREEMENT; FINANCING STATEMEMTS. 7he following provisions relating to this Deed of Trust as a security agreement are a <br />part af this Deed of Trust: <br />Security Agreement. This instrument shall consti#ute 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, 7rustor 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 />7rust as a financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upon default, 7rustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall <br />assembla 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) frnm which infvrmatinn concerning the security <br />interest granted by this peed 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; ATTQRN�Y-IN-FACT. The following provisions relating to further sssurances and attarney-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 />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, continuetion statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, con#inue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security in#erests created by this beed of Trust as first and prior liens on the Property, whether <br />now owned or hereafter acquired 6y 7rustor. Unless prohibited by law or lender agrees to the contrary in writing, Trustor shall <br />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 sny of the things referred to in the preceding paragraph, Lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's at#orney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desira6le, in Lender's <br />sple opinion, to accomplish the matters referred ta in the preceding paragreph. <br />FULL P�RFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor <br />undsr this Dsed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver tv <br />Trustor suita6le statemen#s of termination of any financing statement on file evidencing Lender's security interest in the Rents and the <br />Personal Property. Any recanveyance fee required by law shall be paid by Trustor, if permitted by applicable law, <br />EVEN7S OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />ry S, � i!� , ..'`',. <br />