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Loan Na: 11085 <br />DEED OF TRUST c <br />lcontinuea) 2 01 � 0 2 7� 8 pa9e 3 <br />taxes end assessments required to be paid by Trustor, <br />LENDER'& EXPENDITURES. If Trustor fails (A) to kesp the Property free of all taxes, liens, security interests, encumbrances, and other <br />elaims, (B) to provide any requiresi insurance on the Property, or (C) to mak� rep�ire to tha Pro�erty then Lend�r mey do so. If any <br />actlon nr prviceeding is commenced that would materiaily affect Le�der's intereate ir� the Rroperfiy, then Lender on Truator's behalf iney, <br />but is not required to, take any action that Lender believes to be appropriate to pratect Lender's intereste. Aii expenses incurred ar paid by <br />Lender for �uch purposes will then bear interest at the rete charged under the Not� from the date incurred or p�id by Lender to tha dete of <br />repayment by Truatoe. All such sxpanses will become a part of the Indebtedn�as and, at Lend�r's option, will (A) ba payable on demand; <br />(B) ba edded to the belance of the Nots and be apportioned mmonQ and be peyable wkh any instaliment payments to become due during <br />either (9) the term of any applicabie insurance palioy; or (2) the remaining tarm of the Note; or (C) be treat�d as a balloon p�yment <br />which wiil be dua and payabie at the Note'e maturity. The Deed of Trust alsa will secure payment ofi theae amounts. The rights provided <br />for in this p�ragraph ahali be in �ddition to any otMer right� or eny rernedies to which Lender may be entitled nn acoount of any defeult. <br />Any suah action by Lsndar shall nnt ba conetwued ea curing th� defauit �o as to bar Lender f�om eny rem�dy that it otherwise would heve <br />had. <br />WARRANTY, D�FENSE OF TITLE, The following �rovisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. 'Pruator warrenta tNat: 1a) Truater holde gaed and rr��arketable title af reoord ta th� PvopePty ie� fee eltr+ple, free end elear a# all <br />li�ns and �ncumbrances o#her than these aet forth in �ho Real Propr�rty deacription c�r ir� any titl� ineurance policy, titla report, or final <br />tltl� opinion iasued Irt fevor af, end e�c��pted by, Lender in eonneetion with thi� D��d of Trust, and (b) Truat�r hea the full ri�ht, <br />power, end authority tQ exeau#e end deliv�r thl� Deed c�f Trust to LendeF. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against tha lawful ciaims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the <br />Interest of Trust�e nr Lender under thia �eed of Tru�t, Trustor shall defend the ectian at Trustor's expense. T'rustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <br />by counsel of L�nder's own choice, and Trustor will deliver, or cause te be delivered, to Lender such instruments as Lender may <br />requsst 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 Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Desd of Trust, shall be continuing in nature and shalf remain in full force and effect until such time as Trustor's <br />Indebt�dness is paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustpr shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps es may be necessary to defend th� �ction and obtain th� award. Trustor may be the nominal party in suCh <br />proceeding, but Lender shall be entitlad to participat� in the proce�ding and to be represented in th� proaeeding by oounsel ofi its own <br />choice, and 7rustor will deliver qr cause to be deliv�red to L�nder such instrum�nts end dooumentation as may be requested by <br />Lender from time to time to p�rmit auoh perticipatior�. <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 />purcha&� in li�u of a�nd�mn�tion, Lendar m�y �t its elactipn require that all nr any portion of the nat pr9oe�ds of the award be �ppiied <br />to the lnd�bt�dnaae e�r the ropelr ar r�e#aratian of tho Prerperty. Th� net pFOCaede �fi th� �ward aMell rnean th�e �werd �fter payment of <br />all reaeonable �a�ts, axpen�es, �nd attc�rney�' fees inou►rad by Trustee ar Lendar Irt oonneetfon with fhe aondemnatiQn. <br />IMPOSfT10N OF TAXES, FEE� AND CHARQES BY (iC1VBRRIM�NTAL AUTHORITI�S. The foliowing provisions relating to governmental <br />t�x�s, fees end oh�rgg� �re ��arfi qf thi� Rged of Truet; <br />Current Tsxes, Fees and Chargss. Upon request by Lender, Yrustor shall exeoute such dacuments in addition to this Deed ofi 7rust <br />and take wh�tever oth�r aetion is requ�ate�l by L�nd�r to p�rfgct and aontinue lender's lien on the Reel Prvperty, Trustor shall <br />reimburae Lender for ell texes, ae des�rlbed below, together witk� ell expenses incurred in r�cording, porfeeting oe oantinuing this Deed <br />of Trust, including without limitation ell taxes, fees, docum�ntary stamps, and other char�es for reoarding 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 o� upon <br />all or any part of tha Indebtedness secured by this Deed of Trust, (2) a specific tax vn Trustor which Trustor is autMorized or <br />required to deduct from payments on the Indebtednea� secured by this type of Deed of Trust; (3? a tax on this type of Deed of Truaf <br />chergeable 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 Trustor. <br />Subsequent 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 sams effect as an Event of Refsult, and lender may sxercise any or all of its available remedies fo� an Event of Default as <br />provided below unlass Trustor either (1 � pays the tax be#ore it becom�s delinquent, or (2) oontests the tax as provided above in the <br />Taxes and Liens secfion and deposits with Lender cash or a sufficient corporate surety bond ar other security satisfaetory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The foliowing provisions relating to this Deed of Trust es 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 />Le�der shall have all of the rights of a secured party under the Uniform Cammerciai Code as amended from time to time. <br />Security Interest. Upon request by Lender, Trustor shail take whatever action is requested by Lender to perfioct and continue Lender's <br />security intQrest in #he Personel Prpperty. In �ddition to recording this Deed ot Trust in the r�al property records, L,ender may, at any <br />time and withoufi further �uthorization from Truator, file exeauted count�rpe�ta, copie� or reproduction� of this D�ed of Trust as s <br />financing sta#emsnt. Tru�#or ah�ll reimburse Lender for ail expensea incurred in perfacting or continuing thia aeourity interest. Upon <br />default, 1'rus#or shell not rernove, sever ar detach the Persanal Rrop�rty fr@m the Property. Upon default, Truatar shali �ssemble eny <br />P�rson�l Property not affixed to the Prop�rty in a manner and et e piaee reasonably convenient to Trustor �nd Lender and meke it <br />�vailable to Lend�r within #hree (3) deys after receipt of written d�mand from Lender to the �xtent p�rmitfied by �pplicabl� law. <br />Addrsssea. The meiling addressea of Trustor (debtor) and Lender (aecured party) from which informati�n concerning th� aecurity <br />inCer�st �ran#�d by this DeQd of Trust may b� obteined (eaeh �e required by the Uniform Cvmm�rci�i Cod�l are �s st�ted Qn the firat <br />peg� af this �eed of Trust. <br />FURTH�R ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />fi�ic L3egd �sf Tru�t: � <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or wlll cause <br />tp b� m�de, �xecuted ar d�livered, to l.ender ar to Lendar'a desi�nse, and when requested by Lender, ceuse to ba filed, recorded, <br />reflied, or rerecorded, as the cese mey be, at auaM ilme� and in suah af#icee end placee as Lender may deem eppropriate, �nY and ali <br />such martgages, deeds of trust, security deeds, security agreaments, financing �tatements, continuation statemenfs, instruments of <br />further assurance, certificates, and other documents as may, in the eol� opinion af Lender, be necessary or deslrable in order to <br />effectuace, complete, perfect, continu�, or pr�serve (1) Trustor's abligations under the Nate, this D��d of Trust, and the Related <br />Rocuments, and (2) the Ifens and securify interesta created by this Deed of Trust es first and prior lien� on the Property, wh�ther <br />npw owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shnll <br />reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this peragraph. <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 purposgs, Trustor hereby irrevocably appoints Lender as Trustor's attomey-in-fact for <br />the purpos� of ineking, executing, delivering, filing, recording, and doing ail other things as m�y be neceasery or deairable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />