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� � <br />DEED �F TRUST <br />Loan No: 101237Q77 , . ; , (Continued) � o ♦ � O � � � s� , Page 4 <br />1 J <br />maturi#y. The Deed of 7rust alsv will secure payment of thase smaunts. Such right shall 6e in addition to all other rights end remedies ta <br />which Lender may be entitled upon Default. <br />WARRANTY; bEKENSE OF TITLE. The following provisions relating to ownership of the Property are a psrt nf this Deed of Trust: <br />�itle. 7rustor warrants that: la) Trustor holds good and marketable title of record to the Proparty in fee simple, free and clear of all <br />liens and encumbrances othar than those set forth in the Real Property description or in the Existing Indebtedness section below or in <br />any title insurance polioy, title report, or final title ppinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, pawer, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor werrants and will forever defend the title to the Property <br />against the lawful clsims of all persons. In the event any action pr proceeding is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this Deed of Trust, Trwstor 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 prpceading and to be representad in the proceeding <br />py 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 regulationa of governmental authorities. <br />Survival of Repreaentetlons and Warrentias. All representations, warranties, and agreemen#s made by Trustnr 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 7rustor's Indebtedness shall be paid in full. <br />EXISTING I.NDEBt�DNESS. The following provisions conoerning Existing Indebtednsss are a part of this Deed of Trust: <br />Existing Lian. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see tn the payment of, the Exis#ing Indebtedness and to prevent any default nn such <br />indebtedness, any defeult under the instruments evidencing such indebtedness, or any default under any security dacuments for such <br />indebtedness. <br />No Modifiaatfon. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other secwrity <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />the prior written consent of Lender. Trustor shall neither request nor accept any futura advances under any suoh security agreement <br />without the prior written consent of Lender. <br />CbN��MNATION. The following provisipns relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If eny proceeding in condemnation is filed, Trustor shall promptly np#ify 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 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 counsat of its own <br />chqice, and 7rustor will deliver or cause ta 6e 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 nf 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 Prpperty. 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 />IMPQSITION OF TAXES, FEES AND CHAR(3ES BY GOVERNMENTAL AUTHbRITIES. The follpwing provisions relating to governmental <br />taxes, fees and charges are a part of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upnn request by Lender, Trustar shall execute such dacuments in addition to this Deed of Trust <br />and take whatever other action is requested by Lender tn 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 1'rust, includfng without limitation ell taxes, fees, dacumentary stamps, and other charges fnr recording or registering this Deed of <br />Trust. <br />Taxes. The follawing shall constitute taxas 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 Deed of Trust; (2) a specific tax on Trustor which Trustar is authorized or <br />required ta deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed af Trust <br />chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portian of the Indebtednesa or on <br />payments of principal and interest made by Trustor. <br />Subsequent Taxes. If any tax to which this section spplies is enacted subsequent to the date af this Deed of Trust, #his event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies fnr an Event of Default es <br />provided below unless Trustor either (1 � pays the tax befpre it becomes delinquent, or (2) contes#s the tax as providad above in the <br />Taxes and Liens section and depasits with Lender cash or a sufficient corpprete surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMEN7S. The following provisipns relating to this Deed of Trust as � security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. Yhis instrument shall canstitute a Security Agraement to the extent any of the Property constitutes fixturas, and <br />Lender shall have all of tha rights of a secured party under the Unifnrm Commercial Cnde es amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is raquested by Lender to perfect and continue Lender's <br />security interest in the Rents and Perspnal Property. In addition to recording this Deed of 7rust in the real property records, Lender <br />may, at any time and withaut further authorizatipn from Trustor, fils executed counterpar#s, copies or reprpductions of this Deed of <br />7rust as a 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 tha Property. Upon default, Trustor shall <br />