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DEED OF TRUST 2 010 0 9 S 9 0
<br />Loan No: 101237329 (COIltI11UeCI) Page 4
<br />Trustor's Report on Insurance. Upon raquest of Lender, however not more than once a year, 7rustor shall 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 of the policy; (4)
<br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trustor shall, upan request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is cammenced that would materially affect Lender's interes# 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 7rustor is required to discharge or pay under this Deed af Trust or any Related Documents, Lender
<br />on Trustor's behalf may (but shall not be abligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging pr paying all taxes, liens, security interes[s, encumbrances and ather claims, at any time levied or placed on tha Praperty 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 data of repayment by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A1 be payable an demand; (B) be added to the
<br />balance of the Note and be appartioned among and be payable with any installment payments to 6ecome dwe during either (1) the term of
<br />any applicabls insurance palicy; or (2) the remaining term of the Note; ar (C) be treated as a balloon payment which will be due and
<br />payable at the Note's meturity. The Deed of Trust also will secure payment of these amounts. Such right shall pe in addition to all other
<br />rights and remedies to which Lender may be entitlsd upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustnr holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Prvperty description or in any title insurance policy, title report, or final
<br />title opinion issued in favpr of, and accepted by, Lender in connection with this Deed of Trust, and (b) 7rustor has the full right,
<br />power, and authority to execute and deliver this Deed of Trust tp Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor werrents and will forever defend the title to the Property
<br />against the lewful 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, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, bu[ Lender shall be entitled to perticipate in the proceeding and tv 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 Reprasantatians end Warranties. All representatiqns, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of Trust, shall 6e 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 />COND�MNATIpN. 7he following provisions relating to condemnation proceedings are a pert of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notity Lender in writing, and Trustor shall promptly
<br />take such steps as may 6e necessary to defend the action and ab#ain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the prnceeding and to be 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 [o permit such participation.
<br />Application of Net Proceeds. It all or any part ot the Property is condemned by eminent domain proceedings or by any prviceeding 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 reasona6le costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOV�RNMENTAL AUTHORITIES. The following provisians releting 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 documents in addition to this Deed of Trust
<br />and take whatever other action is requested by Lender to perfect and cantinue Lender's lien on the Real Property. 7rus#vr shall
<br />reimburse Lender for all taxes, as descri6ed below, 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 recvrding 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 pert of the Inde6tedness secured by this Deed of Trust; (2) a specific tax on Borrower which Barrower is authorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed 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 Borrower.
<br />5ubsequent 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 sama effect as an Event ot Default, and Lender may exercise any or all of its aveilable remedies for an Event of befault as
<br />provided below unless Trustor either (1) pays the tax 6efore 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 ather security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STAtEN1ENTS. 7he following provisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute 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.
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