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201100113 <br />D�ED O� TRUST <br />Loan No: 810901 (Cantinued) <br />Trustor's interests may appear. <br />Page 3 <br />Trustor's Report on Inaurnnce. U�on reqiaest ot I..endr.r, hawevwr nor mnre than once a year, Trustor shall furniah to Lender a report <br />on each existing policy of insuranca showing: (11 the name ot the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the praperty insured, the then current replacement value of such property, and the manner ot determining that value; and (6) the <br />expiration date of the policy. T'rustor shall, upon request of Gender, have an independent appraiser satisfactory to Lender deta►mine <br />the cash value replacement cost of the Property. <br />LEND�p'S EXPENDITURES. If any action or proceeding is cammenced.that would mnterially affect Lender's interest in the Properiy or if <br />Trustor fails to comply with any provision of this Deed of 7rust vr any Related Documents, including but not limitsd to Trustor's failure to <br />discherge or pay when due any amounts 7rwstnr Is required to discharge or pay under this beed of Trust ar any Related Documents, Lender <br />on 7rustor's behalf may (but shatl not be obligated to) take nny action that �ender deams epprnprfete, including but not limited ta <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property snd <br />paying all costs for insuring, maintaining and preserving the Property. All such expendituras incurred or paid. by Lender. for such purposes <br />will then bear interest at tha rate charged under the Note from the date incurred ar paid hy 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) 6e payabie on demand; (B) be added to the <br />baiance of the Note ancl be epportioned among and be payaqle wilh any installment payments to become dua during either 11) the term of <br />any applicable insurance policy; ar (2) the remaining term of the Note; or (C) be treated as a 6alloon payment which will he due and <br />payabie at the Nate's meturity. 1"he Deed of Trust elso will secura payment ot these amounts.. Such right shall be in addition to all other <br />rights and remedies to which l.ender may be entitled upon Default. <br />WAI7RAN?'Y; DEFENSE OF TITLE. The foliowing provisions relating to ownership of the Property are a of this peed of Trust: <br />title. Trustor warrants that: {a) Trustur holda gaod and marketa6le title of record to the Property in fee simple, frae and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or in any title insursnce policy, titls repart, or final <br />title opinion isaued.in fevor of, and accepted by, Lender in connectlon with this Deed of 'Truat, and (6) Trustor has the full right, <br />power, and authority to execute and delivar this Deed of Trust to Lender. <br />Defense of title. Subject to the exception in the persgraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claima of all persons. In the event any action or proceading is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this peed of trust, Trustar shall defend the action at 7rustor's expense. 7ruator mey be the <br />nominal party in such proceeding, but Lender shail he entitled to participate in the proceeding and to be reprasented in tha 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 �articipatipn. <br />Complianca With Laws. Trustor w�rrants tl�at the Praperty and Trustor's usa of the Property complles with all existing applicable <br />laws, ordinances, end regulations of governmental authorities. <br />Survival of Reprasentations and Warrantiaa. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this ��eed of Trust, shall be cantinuing ln nature, and shall remain in full force and effect <br />until such time as Borrower's Indebtedness shall ne paid in full. <br />CONDEMNATIQN. The following provisions relating to condemnativn proceedings are e part of this Deed of Trust: <br />Proceadings. If any praceeding in cqndemnation is filed, Trustor shall promptly natify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Trustar. mey 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 deliver or cause to be delivered to Lender sucly instruments and documentation as may be requested by <br />Lender from time to time to permit such participativn. <br />Application of Net Proceeds. If all or any part of the Property is condemned 6y eminent domain proceedings or by any proceeding or <br />purchase in Ifeu of condemnation, Lender may at its election require that all or any pvrtion ot the net proceeds of the award be appliad <br />to khe Indebtadness ar the repair or restoration of the Property. The net proceeds af the award shall mean the awerd eftar peyment af <br />all reasonable costs, expenses, and attorneys' fees incurred t�y Trustee or L.ender in cvnnectivn with the cnndemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGE$ BY GOVERNMENTAL AUTHORITIES. The fpllowing provisions relating to governmental <br />taxes, fees and charges are a part vf this Deed vf Trust: <br />Current Texes, Faes end Charges. Upan request by Lender, Trustor shall axecute such dvcuments in addition to this pead af Trust <br />and take whatever athar actipn Is requested by Lender tq perfect and continue Lender's lien on the Real Property. Trustor shall <br />reimburse Lender for all taxes, as descrik�ed below, together with all expensea incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limit�tion all taxes,. fees, dvcumentary atamps, and othar ch�rges fvr recording or registering this peed ot <br />7rust. <br />taxes. The follqwing shall constitute taxes to which this section applies: (1) a specific tax upon ihis type of Deed vf Trust or upon <br />all ar any pert of the Indebtedness secured hy this Deed af Trust; (2) a specific tax on f�arrower which Borrower is authorized or <br />required to deduct from paymen[s an the Indebtedness secured hy this type of Deed of 7rust; (3) a tax on this type of pesd of Trust <br />chargeable agsinst the Lender or the holder of the Note; and (4) a specific tax on all or eny portion of the Indebtedness or on <br />payments af principal and interest made by Borrower. <br />Subsequent Taxas. If any tax to which this section epplies is enacted subsequent to the date of this peed of Trust, this event shall <br />heve the same effect as an Event of Def�ult; end Lender mey exerclse any or all of its available remedies for an Event of befault as <br />proyided belvw unless Trustor either (1) pays the tax before it becomes dellnquent, or (21 contests the tax as provided above In the <br />Taxes and l.iens section and deposits with Lender cash or a sufficient corpnrete surety bond or other security satisfactory to Lender. <br />SECURI7Y AGRE�MENT; FINANCING STATEMEfVTS. The tollowing provlalons relating ta thia Dead of Truat ea a security egreement are a <br />part of this Deed of 7rust: <br />Sacurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and <br />Lender shall have all of tha rights of a sacured perty under the Uniform Commercial Code as amended. from time to time. <br />Security lnterest. Upon request 6y Lender, Trustor shall take whatever ection Is requested by Lendar to perfect and continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed af Trust in th9 rBal property records, Lender <br />may, et any time and without further authorization from Trustor, file axacuted caunterparta, copies or reproductions vf this Deed of <br />Truat as a financing statement. Trustor shall reimburse Lender for all expensq4 Incurred in pertecting ar aontinuing this security <br />intsrest. Upon default, Trustor shall not remove, sever or detach the Perspnal property from the Property. Upon default, Trustor shall <br />assemble any Personel Property not affixed to tha Proparty in s rrienner and et a place reasonably convenient to. Trustvr and Lender <br />and maka ft availeble ta within thrae (3) days after receipt of written demand from lender to the extent permitted by applioable <br />law. <br />Addrassaa. The mailing addresses of Trustor (debtor) snd Lender (sacured party) from whlch infnrmatian concerning the security <br />interest granted by this Dead of Trust may be obtained (eaCh as raquired by the Ur�iform Cpmmercial Code) are as stated on the tirst <br />�age of this Deed of trust. <br />FURtHER ASSURANCES; A7TQRNEY-IN-FACT. The follpwing provisians relating to further assurances and attorney-in-fact are a part of <br />this beed of 7rust: <br />Further Aasurancea. At any time, and from time to time, upon request of Lender, Truxtor wll make, execute and deliver, or will cause <br />co be made, executed or delivered, to Lender or to Lender's designee, and when requasted by Lsnder, cause to be filed, recorded, <br />refiled, or ►arecarded, as the case may be, at such times and in such offices and places as Lender may deem apprqp�riate, any and all <br />such mortgages, deeds of trust, security deeds, 9Paurity agreements, financing statements, continuation statemants, instruments of <br />further asaurance, certificatas, and other documents as may, in the sola ppinion af Lender, ba nacesgary or dssireble in order tp <br />effectuate, complete, perfect, contlnua, ar preserve (1) Borrower's end Trustor's obligations.under the Note, this Dsed of Trust, and <br />tha Nelated Dpcuments, and 121 tha liens and security interests created by thia Deed of Truat as first and p�ior liens on the Property, <br />whether npw pwned or hereafter acquirad by 'frustor. Unless prohibited by lew or Lender agrees to the contrary in writing, Trustor <br />