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� ,A � <br />D�ED OF TRUST 2 011 U 0 4 6 3 <br />Loan No: 1Q1237797 (Continued) Page 4 <br />title opinion issued in favar of, and accep#ed by, Lender in cvnnection with this Deed of 7rust, and (b) 7rustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the peragraph above, Trustor warrants and will forevsr defend the titls 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 the <br />interest of 7rustee or Lender under this peed af 7rust, 7rustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal perty in such proceeding, but Lender shall be entitled to participate in the proceeding and to 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 es 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 Representations and Warranties. All representations, warranties, and agreements made by 7rustor in this peed af Trust <br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as �orrower's Indebtedness shall be paid in full. <br />CONpEMNA710N. 7he following provisions relating to condemnation proceedings are a part of this Deed of 7rust: <br />Procesdings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and 1'rustor shall promptly <br />take such steps as may be necessery to defend 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 to be represented in the proceeding by counsel of its own <br />choice, and 7rustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender frnm time ta time to permit Such perticipstinn. <br />Application of Net Proceeds. If all or any part af the Prqperty is condemned by eminent domain proceedings or by any proceeding or <br />purchese in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be epplied <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 7rustee pr Lender in connection with the condemnation. <br />IMPOS1710N OF 7AXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govemmental <br />taxes, fees and charges are a part pf 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 continue Lender's lien on the Real Property. Trustor shall <br />reimburse Lender for all taxes, as described belpw, tagether with all expenses incurred in recording, perfecting pr continuing this Deed <br />of ?rust, including without limita#ion all texes, fees, documentary stamps, and other charges for recording or registering this qeed of <br />Trust. <br />Taxes. 7he 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 part of the Indebtedness secured by this Deed of 1'rust; (2) a specific tax on Borrower which Borrower is authorized nr <br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type vf 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 />Subsequent Taxes. If any tax to which this sectinn applies is enacted subsequent to the date of this beed of Trust, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of i#s available remedies for an Event of Default as <br />provided below unless Trustor either (1) pays the tax before it becames 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 other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this peed 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 Prpperty constitutes fixtures, and <br />Lender shall have all of the rights of a secured party under the Uniform Cpmmerciel Code as emended from time to time. <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect snd continue Lender's <br />security interest in the Rents and Personal f'roperty. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorization frnm Trustor, file executed counterparts, copies or reproductions of this beed of <br />Trust as a financing statement. Trustor shall reimburse l.ender 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 the Prppsrty. Upon default, Trustor shall <br />assemble any Personal Property not affixed to the Property in a manner and at a plece reasbnably convenient to Trustor and Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable <br />law. <br />Addresses. The mailing eddresses of Trustor (debtor) 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 on the first <br />page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requasted by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, ss the case may be, at such times and in such offic8s and places as Lender may deem appropriete, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuaYion statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuata, complete, perfect, continue, or preserve (1) Borrower's and Trustor's Obligatipns under the Npte, thi5 D9gd pf Trust, and <br />the Rela#ed Documents, and (2) the liens 9nd security in#erests crea#ed by this Deed pf Trus# as first and pripr liens on the Property, <br />