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201104152 <br />Survival of Representations and Warranties. All representations, warranties, and agreements made <br />by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust. shall <br />be continuing in nature, and shall remain in full force and efFect until such time as Trustor's <br />Indebtedness shall be paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of <br />this Deed of Trust: <br />Ezisting Lien. Trustor represents that the lien of this Deed of Trust securing the Indebtedness is <br />not second or inferior to any existing lien, mortgage, deed of trust, pledge, security interest, or <br />other encumbrances other than those identified on E�ibit B("Existing Indebtedness"). Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to <br />prevent any default on such Indebtedness, any default under the instruments evidencing such <br />Indebtedness, or any default under any security documents for such Indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any Existing <br />Indebtedness that has priority over this Deed of Trust by which any agreement creating the <br />existing Indebtedness is modif ed, amended, extended, or renewed without the prior written <br />consent of Lender, which may be withheld in Lender's absolute discretion. Trustor shall neither <br />request nor accept any future advances under any such security agreement without the prior <br />written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this <br />Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in <br />writing, and Trustor shall promptly take such steps as may be necessary to defend the action and <br />obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of its own choice, <br />and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as <br />may be requested by Lender from lime to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain <br />proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election <br />require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the <br />repair or restoration of the Property. The net proceeds of the award shall mean the award after <br />payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in <br />connection with the condemnation. <br />IlVIPOSITION OF TAI�LES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The <br />following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents <br />in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and <br />continue Lender's lien an the Real Property. Trustor shall reimburse Lender for all ta�ces, as <br />described below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limita.tion all ta�ces, fees, documentary stamps, and other charges for <br />recording or registering this Deed of Trust. <br />Tazes. The following shall constitute taaces to which this section applies: (1) a specific tax upon this <br />type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a <br />JLR/394902.5 <br />