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�f �, x. � :�' <br />:. , , _ �, <br />DEED OF TRUST <br />(Continued) <br />Page 3 <br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed af <br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust tq Lender, <br />Defensa of Title. Subject to the exception in the paragraph above, Trustor 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 questions Trustor's title or ths <br />interest of Trustee or Lender under this Deed of 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 particfpate in the proceeding and ta be represented in the proceeding <br />by counsel of Lender's qwn choice, and Trustor will deliver, pr cause to be delivered, to Lender such in5truments as �.ender may <br />request from time to time to permit such participation. <br />Compliance With Lawa. 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 Promisas, Ail promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />Indebtedness is paid in full. <br />EXISTIN(3 INDEBTEDNESS, Tha following provisions concerning Existing Indebtedneas are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed pf Trust Securing th� Indebtadness may be secondary and inferior to the lien securing payment of <br />an existing obligatlon. The existing obligation has a current principal balance of approximately $227,000.00. The obligation has the <br />following payment terms: $1,676.00 per Month. Trustor expressly covenants and agrees to pay, or ses to the payment pf, the <br />Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such <br />indebtedness, or any default under any security dpcuments fqr such indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed pf trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extanded, or renewed without <br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement <br />withput the pripr written consent vf Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this peed af Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall prpmptly natify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtaln the award. 7rustor may be 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 counsel of its own <br />choice, and Trustor will delfver 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 ali or any part of the Property is condemned by eminent domain proceedings or by any praceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion pf 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 />IMPOSITIpN pF TAXES, FHES AND CHARGES BY GOVERNMENTAL AUTHORITIE$. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current 7axes, Fees and Charges. Upon request by Lender, 7rustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perf�ct and continue l.ender's lien on the Real Prvperty. Trustor shall <br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, p�rfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or regfstering this 17eed of <br />Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed af Trust or upon <br />all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or <br />required to deduct from payments on the Indebtedness secured by this type of Deed of 7rust; (3) a tax on this type of Deed of Trust <br />chargaable 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 principat and interest made by Trustor. <br />Suhsequent Taxes. 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 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 becomes delinquent, or (2) contests the tax as provided above in the <br />Taxes and Liens section and deposits with Lender cash pr a sufficient corporate surety bond or other security satisfactory to Lender. <br />SECURITY A(3R�EMENT; FINANCING STATEMENT$. The following provisions relating to this Deed of Trust as a security agreement are a <br />part of this Deed of Trust: <br />Security Agreement. 7his instrument shall canstitute a 5ecurity Agreement to the extent any of the Property constitutes fixtures, and <br />L.ender shall have all of tha rights pf a secured party under the Uniform Commercial Cqde as amended from time to time. <br />Security Interest. Upon request by L�nder, Trustor shall take whatever action is requested by Lender to perfect and cantinue l�ender's <br />security interest in the Personal property. In addition to recording this peed of Trust in the real property records, Lendsr may, at any <br />time and without further authorization from Trustor, file executed counterparts, copies ar reproductions of this Deed of Trust as a <br />financing statement. 7rustor shall reimburse Lender for all expenses incurred in pertecting or continuing this security interest. Upon <br />default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it <br />availabla ta Lender within three (3) days after receipt pf written demand frpm Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtar) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated pn the first <br />page of this Deed af Trust. <br />FURTHER ASSURANCES; ATfORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of 7rust: <br />Further Assurances. �t any time, and fro�n time to time, upon request af Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lend�r'a deaignee, and when rBquested by Lander, 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, dasds pf trust, security deeds, security agreements, financing statements, cantinuation statements, instruments of <br />further assurance, certiflcates, and pther documents as may, in the sole opinion of Lender, ba necessary or desirable in order to <br />effectuate, complete, perfect, cpntinue, or preserve (1) Trustpr's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter <br />acquired by Trustqr. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs <br />and expanses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any 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 Trustar's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph, <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and othervvise <br />performs all the obligations imposed upon 7rustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request fpr full <br />reconv�yance and shall execute and deliver to Trustor suitable statements pf termination of any financing statement on fiie evidencing <br />Lender's security Interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />permitted by applicable law. <br />EV�NTS OF �EFAULT. At Lender's option, Trustor will be in default under this D�ed of Trust if any pf the following happen: <br />201009583 <br />