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r ,R , '..: �� ,. '' . : F� ,� �: <br />� ° � DEED OF TRUST '' <br />Loan No: 101241097 (Co11ti11ued) 2 0110 3 6 9 2 page 4 <br />Trust, and (b) Trustor has the full right, power, end euthority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor werrents and will forever defend the title to the Property <br />against the lawful ciaims 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 act(on at Trustor's expense. Trustor may be the <br />nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding end 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 participat(on. <br />Compliance With Lews. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />lews, ordlnances, and regulations of governmentel authorities. <br />Survival of Representations and Warrenties. All representetions, warrantfes, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this Deed of Trust, shaii be continuing in nature, end 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 />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such tndebtedness, or any defeult under any security documents for such <br />indebtedness. <br />No Modificetion. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which thet agreement is modified, amended, extended, or renewed without <br />the prior written consent of Lender. Trustor shall neither request nor accept eny future advances under any such security agreement <br />without the prior written consent of Lender. <br />CONDEMNATION. The foilowing provisions relating to condemnation proceedings are a part of thls 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 defend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate ln the proceeding and to be represented in the proceeding by counsel of its own <br />choice, end Trustor wfll deliver or cause to be delivered to Lender such instruments and documentation as mey be requested by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If ell 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 ell or any portion of the net proceeds of the awerd be applied <br />to tha Indebtedness or the repair or restoration of the Properry. The net proceeds of the awerd shall mean the award efter payment of <br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnetion. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following 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 shell 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 ell taxes, as described below, together with ell expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation ell taxes, fees, documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />Taxes. The following shall constitute texes to which this section applies: 11) 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 Trust; (2) a specific tex on Borrower which Borrowar 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 egeinst the Lender or the holder of the Note; and (4) e specific tax on all or eny portion of the Indebtedneas or on <br />payments of principel and interest made by Borrower. <br />Subsequent Tanes. If any tax to which this section epplies is enacted subsequent to the date of this Deed of Tru�t, this event shall <br />have the same effect as an Event of Default, and Lender may exercise any or all of its evailable remedies for an Event of Default as <br />provided below unless Trustor either (1) peys 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 satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust es a security agreement are e <br />part af this Deed of Trust: <br />Security Agreement. This instrument shell constituta a Security Agraement to the extent eny of the Property constitutes fixtures, and <br />Lender shall have ell of the rights of e secured party under the Uniform Commercial Code as amended from time to tfine. <br />Security Interest. Upon request by Lender, Trustor shall teke whatever action is requested by Lender to perfect end continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorizatfon from Trustor, file executed counterparts, copies or reproductions of this Deed of <br />Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this securlty <br />interest. Upon defeult, Trustor shell not remove, sever or detach the Personal Properry from the Properry. Upon default, Trustor shall <br />essemble any Personal Property not affixad to the Property in a manner and at a place reasonably convenient to Trustor end 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) end Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained (each es required by the Uniform Commerclal Code) are as stated on the first <br />page of this Deed of Trust. <br />