Laserfiche WebLink
DEED �F TRUST 2 010 0 9 6 9 2 <br />Loan No: 101237335 (Cantinued) Page 4 <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall turnish 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 nf determining that value; and (5) the <br />expiration dete nf the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br />LENDER'S EXPENb17URES. If any action or proceeding is commenced that would msteri�lly affect Lender's interest in the Property or if <br />Trustar fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure tp <br />discharge or pay when due any amounts Trustor is required #a discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall nvt be obligated to) take any action that Lender deems appropriate, including 6ut not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or 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 Nvte 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 (A) be payable on demand; (B) be added to the <br />balance of the Note and be apportioned among and be payable 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 belloon payment which will be due and <br />payable at the Note's ma#urity. The Deed of Trust also will secure paymant of these amounts. Such right shall be in addition to all other <br />rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; bEFENSE pF 71TLE. The following provisions relating to ownarship of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear ot all <br />liens and encumbrances other than those set forth in the Real Property descriptivn or in any title insurance policy, title report, or final <br />title opinion issued in favvr of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the fiull right, <br />power, and euthority to execute and deliver this Deed of 7rust to Lender. <br />Defense of Ti#le. 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 7rustar's title or the <br />interes# of Trustee or Lender under this Deed of 7rust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such prnceeding, but Lender shall be en#itled to participete in the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and 7rustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request frnm time tn time to permit such participation. <br />Compliance With Laws. 7rustor warrants that the Property and Trustor's use of the Property camplies with all existing applicable <br />laws, ordinances, and regulations af gnvernmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the executian and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in tull torce and effect <br />until such time as Borrower's Indebtedness shall pe paid in full. <br />CONDEMNATIQN. 7he following provisions relating to condemnation procaadings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to detend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and ta be represented in the proceeding by counsel of its own <br />chaice, and Trustor will deliver or cause to be delivered to Lander 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 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 prpceeds of the award be applied <br />to the Indebtedness or the repair vr restoration of the Property. The net proceeds of the award shall mean the award after paymen[ of <br />all reasona�la costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSI710N OF 7AXES, FEES AND CHARGES BY GOVERNMEN7AL AUTHORITIES. The fallowing provisions 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, Trustor shall execute such documents in addition ta this Desd of T'rust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall <br />reimburse Lender for all taxes, as described belaw, together with all expenses incurred in recording, perfecting nr continuing this Deed <br />of Trust, including without limitation all taxes, fees, documentary stamps, and other charges tor recording or registering this Deed of <br />7rust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upnn 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 pn Borrower which Borrower 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 nn <br />payments of principal and interest made by Borrower. <br />Su6sequent Taxes. If any tax to which this section appliss is enacted subsequent to the date of this Deed of Trust, this svent 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 Trustar either (1) pays the tax before it becomes delinquent, ar (2) contests the tax as provided above in the <br />Taxes and Liens saction and deposits with Lender cash or a sufficient corpvrate surety bond or other security satisfactory to Lender. <br />SECURI7Y AGREEM�NT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a <br />part ot this Deed of Trust: <br />Security Agreement. 7his 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. <br />