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` ' DEED OF TRUST �� i O O S 6 7 S <br />Loan No: 1012362Q7 (CqrltinUed) Page a <br />camply with any obligation to maintain Existing Indebtedness in good standing as required belpw, ar to discharge or pay when due any <br />amounts Trustor ia required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but <br />shall not be obligated to) take sny action that Lender deems appropriate, including but not limited to discharging or psying all taxes, liens, <br />security interests, encumbrances and nthar claims, at any time levied or pleced on the F'roperty and paying all costs for insuring, <br />maintaining snd preseruing the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the <br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become <br />a part of the Indebtedness end, at Lendar's option, will (A) be payable on demsnd; (B) be added to the 6alance nf the Note and be <br />appnr#ioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance <br />policy; nr �2) the remaining term of the Note; or (C) 6e treated as a balloon payment which will be due and payable at the Note's <br />maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights end remedies to <br />which Lender may be entitled upon Default. <br />WARqANTY; DEFENSE OF TITLE. The fallowing provisions relating to ownership nf the f'roparty are a part of this Deed ot Trust: <br />Title. Trustor warrents thst: (a) 7rustor holds good and marketable title af recard to the Property in fee simple, free and clesr of all <br />liens and encumbrances other than thase set fnrth in tha Real Property description or in the Existing Indebtedness sectian below or in <br />any title insurance policy, title report, or final title opinipn iasued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, power, and authority to execute snd deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in tha psragraph above, Trustor warrants end will faraver defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustnr's title or the <br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustar's expense. Trustnr may be the <br />nominal party in such prnceeding, but Lender shall be entitled to participate in the proceeding snd to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustnr will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time ta permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trus#or's use of the Property complies with all existing applicable <br />laws, ordinances, end reguletiona of governmental authorities. <br />Survival of Reprasentations and Warranties. All representations, w�rranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the exscution and delivery of this Deed of Trust, shall 6e cnntinuing in nature, and shall remain in full force and effect <br />until such time as Borrower's Indek�tedness shall be paid in full. <br />EXIS7ING INDEBTEDNESS. The folinwing proviaions concerning Existing Indebtedness are a part of this Deed of 7rust: <br />Existing Lien. The lien of this peed of Trust securing the Indebtedness may be secondary and inferior Yo an existing lien. Trustnr <br />expressly covenants and agrees tn pey, or see to the payment of, the Existing Indebtednesa and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or eny default under eny seCUrity documents for such <br />inde6tednsss. <br />No Modifica#ipn. 7rustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority nver this Deed of 'Trust by which that agreement is modified, amended, extended, or renewed without <br />tha 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 of l.ender. <br />CONDEMNATIOM. The following provisions relating to condemnatinn proceedings are a part of this Deed of Trust: <br />Prnceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, end Trustpr shall promptly <br />teke such steps as may be necessary to defend the ac#iqn and obtain the award. Trustor may 6e the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to bs represented in the proceeding by counsel of its nwn <br />choice, and Trustor will deliver or cause tn be delivered to Lender such instruments end documentation as may be requestad 6y <br />Lender from time to time to permit such perticipation. <br />Application of Net Procaeds. If all or eny part of the Praperty is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its elactian require that all or any portion of the net proceeds af 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 af#er payment of <br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connac#ion with the condemnation. <br />IMPOSITIQN OF 7AX65, FEES AND CHARGES BY GOVERNMENTAL AUTNORITIES. The following prnvisions relsting 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, Trustor shall execute such dacuments in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and cnntinue Lender's lien on the Real Property. Trustnr shall <br />reimburse Lender for all taxes, as described belaw, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording pr 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 nr upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on 8prrqwer which Borrower is authorized or <br />required ta deduct from payments on the Indebtedness secured 6y this type of Deed of Trust; (3) e tax on this type af beed of 7rust <br />chargeable against the Lender or the holder of the Note; and (4) a specific #ax on all or any portion of the Indebtedness or on <br />paymen#s of principal and interest made by Barrowar. <br />Su6sequent Taxes. If any tax to which this section applies is enacted subsequent tn tha date of this Deed of Trust, this event shall <br />have the same effect as an Event of �efault, and Lendar may exercise any or all of its available remadies for an Event of pefault as <br />provided below unless Trustor either (1) pays the tax before it becnmes 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 STATEMENTS, 7he following provisions relating to this Deed of Trust as a security agreement are a <br />