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� <br />' -� lf � <br />f � �r N , , <br />Trustar's interests may appear. <br />o�E� o� rRUST � U 10 0 S i 4; <br />(Cantinued) Page 3 <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shail furnish to Lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount af tha policy; (4� <br />the property insured, the then current replacement value of such property, and the manner af de#ermining that value; and (5) the <br />expiration date of the policy. Trustor shall, upon request ot Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cnst of the Property. <br />TAX AND INSURANCE RESERVES. Su6ject to any limitations and consistent with any requirements set by applicable law, Lender may <br />require Trustor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shali <br />be created 6y an initial deposit and su6sequent monthly payments, or payments at such other interval as payments under the Note may be <br />due, of a sum estimated by Lender to be sufficient to pay the total annuai taxes, assessments, and insuranca premiums Lender reasonably <br />anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a general deposit from 7rustor, which Lender may <br />satisfy by payment of the taxes, assessments, and insuranca pramiums required to ba paid by Trustor as they become due. Lender shall <br />have the right to draw upan the reserve funds #o pay such items, and Lender shall not be required to determine the validity or accuracy of <br />any item before paying it. Nothing in the Deed of Trust shall be canstruad as requiring Lender to advance other monies for such purposes, <br />and Lender shall not incur any lia6ility for anything it may do or omit to do with respect to the reserve account. Subject to any limitations <br />set by applicable law, if the reserve funds disclose a shortage or deficiency, Trustor shall pay such shortage or deficiency as required by <br />Lender. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to <br />withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of befault. Lender shall not be repuired to pay <br />any interest ar earnings on the reserva funds unless requirad 6y law or agreed to by Lender in writing. Lender does not hald the reserve <br />funds in trust for 7rustar, and Lender is npt Trustar's agant fpr payment af the taxes and assessments required to 6e paid 6y Trustor. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Ralsted �acuments, Lender <br />on 7rustor's behalf may (but shall not be obligated to) take any action that Lender deems apprppri�tB, including but not limited to <br />discharging or paying sll taxes, lians, sacurity interests, encumbrances and other claims, at any #ime levied br placed on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes <br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All <br />such expenses will become a part of the Indebtedness and, at Lender's option, will IA) be payable on demand; (B) be addad to the <br />balance of the Note and be apportioned amang and he payabla with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The beed af Trust also will secure payment of these amounts. 5uch righ# shall be in addition to all other <br />rights and remsdies to which Lender may be entitled upnn Default. <br />WARRANTY; DEFENSE bF TITLE. The follawing provisions relating to awnership of the Property are a part af this bead of 7rust: <br />Title. Trustor warran[s that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encum6rances pther than those set forth in the Real Property descriptipn or in any title insurance policy, title report, or final <br />title npinion issued in favor of, and acceptad by, Lender in cnnnection with this Deed of Trust, and (b) Trustnr has the full right, <br />power, and authority ta execute and deliver this Deed of Trust to Lender. <br />Defense of Title. 5ut�ject to the exception in the paragraph a6pve, Trustar warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that quss#ions Trustor's title qr the <br />interest of Trustee or Lender under this Deed ot Trust, Trustor 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 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 instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance 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 Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this peed of 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 />CONDEMNATION. The following provisions relating to condemnation praceedings ere a part af this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is tiled, Trustor shell prpmptly nptify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to 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 6e 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 Proceeds. If all or any part of the Property is condemned by eminent domain procsedings 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. 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 connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHAFiGES 8Y GOVERNMENTAL AUTH�RITI�S. The following provisians relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustar shall execute such dacuments in additipn to this Deed af Trust <br />and take whatever other action is requested by Lender to perfect and cnntinue 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 wichout 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: (7) a specific tax upon this type of beed of 7rust or upon <br />all or any part of the Indebtedness secured by this Deed ot Trust; (2) a specific tax on Borrower which Borrower is authorized or <br />required to deduct from payments on the Inde6tedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust <br />chargea6le against the Lender or the hnldar of the Note; and (4) a specitic tax on all or any portion of the Indebtedness or on <br />payments of principal and interest made k�y 8orrower. <br />Subsequent 7axes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall <br />have the &ame effect as an Evant of befault, and Lender may exercise any qr all of its available remedies for an Event of Default as <br />provided below unless Trustor either (1) pays the tax before it becames delinquent, or (2) contasts the tax as provided above in #he <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 STATEMENTS. The following pravisians relating tv this Deed of l'rust as a security agraament are a <br />part vf this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any af the Property constitutas 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, Trustor shall take whatever actinn is requested by Lender to perfect and continue Lender's <br />security interest in the Renta 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 authorizatian from Trustor, file executed counterparts, capias or reproductions of this Deed of <br />Trust as s financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall <br />assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convanient to Trustor and Lender <br />and make it availahle to Lender within three (3) days after receipt vf writtan demand from Lender to ths extent permitted by applicabla <br />law. <br />� <br />� � <br />