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,, DEED OF TRUST 2 0110 3 6 0 2
<br />Loan No: 101241193 e (Continued) Page 4
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br />Trust, and (b) Trustor has the full right, power, and euthority to execute and deliver this Deed of Trust to Lender.
<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 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 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, 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 ceuse to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Lews. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />lews, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representetions, warranties, and egreements made by Trustor in this Deed of Trusfi
<br />shall survive the execution and delivery of this Deed of Trust, shall be continuing fn nature, and shall remain in full force and effect
<br />until such time as Borrower's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />F�cisting Lien. The lien of this Deed of Truat securing the Indebtedness may be secondary and inferior to en existing lien. Trusto�
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness end to prevent any default on such
<br />indebtedness, any default under the instruments evidencing s�ch indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modif'ication. Trustor shell not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority aver this Deed of Trust by which that agreement is modified, amended, extended, or renewed without ,
<br />the prior written consent of Lender. Trustor shell neither request nor accept any future advences under any such security egreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any proceeding in condemnatlon is filed, Trustor shail promptly notify Lender in writing, and Trustor shell promptly.
<br />take such steps es may be necessary to defend the action and obtein the award. Trustor may be the nominal party in sucM
<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 such instruments and documentetion as may be requested by
<br />Lender from time to time to permit such participation.
<br />Applicatlon 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 proceeds of the award be applieti
<br />to the Indebtedness or the repeir or restoretion of the Property. The net proceeds of the award shall mean the award efter payment of
<br />all reasonable costs, expenses, end attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />� taxes, fees and charges ere 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 end continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described 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 recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shell constitute taxes to which this section applies: 11) a specific tex upon 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 on Borrower which Borrower is euthorized or
<br />required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) e tax on this type of Deed of Trust.
<br />chargeable egeinst the Lender or the holder of the Note; end (4) a specific tax on all or any portion of the Indebtedness or on,'
<br />payments of principai and interest mede by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event ahali, „
<br />have the same effect as an Event of Default, and Lender mey exercise any or all of its available remedies for an Event of Default as ,
<br />provided below unless Trustor either (1) pays the tax before it becomes 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 setisfactory to Lender.: ,•
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as e security egreement are e
<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 perty under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's,
<br />security interest in the Rents end Personal Property. In addition to recording this Deed of Trust in the real properry records, Lender
<br />may, at any time and without further authorizetion from Trustor, file executed counterparts, copies or reproductions of this Deed of .
<br />� Trust as e financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security; .
<br />', interest. Upon defauit, Trustor shail not remove, sever or detech the Personal Property from the Properry. Upon default, Trustor shall
<br />�- assemble any Personal Property not affixed to the Property in a manner and et e place reasonably convenient to Trustor and Lendar -
<br />and make it available to Lender within three (3) deys after receipt of written demand from Lender to the extent permitted by appliceble
<br />; law.
<br />Addresses. The mailing addresses 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
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