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2011U4269
<br />1. TAXES. ASSESSMENTS, CHARGES. Borrower shall pay all taxes, assessments and
<br />charges as may be lawfully levied against the Property before the same shall become
<br />past due. In the event that the Borrower fails to pay all taxes, assessments and charges
<br />as required, then the Lender at is option may pay them and the amount paid shall be
<br />added to the Note secured by this Deed of Trust and shall be due and payable upon
<br />demand of the Lender.
<br />2. WASTE. The Borrower covenants that the Borrower will keep the Properly in good order,
<br />repair and condition, reasonable wear and tear excepted, and that the Borrower will not
<br />commit or permit any waste on the Property.
<br />3. WARRANTIES Borrower covenants with Trustee and Lender that the Borrower is
<br />seized of the Property in fee simple, has the right to convey the same in fee simple, that
<br />title is marketable and free and clear of all encumbrances, and that the Borrower will
<br />warrant and defend the title against the lawful claims of all persons whomsoever.
<br />4. SUBSTITUTION OF TRUSTEE. Borrower and Trustee covenant and agree that in case
<br />the Trustee, or any successor trustee, shall die, become incapable of acting, renounce
<br />this trust, or for other similar or dissimilar reason become unacceptable to the Lender, or
<br />if the Lender desires to replace the Trustee, then the Lender may appoint, in writing, a
<br />substitute trustee to take the place of the Trustee; and upon the probate and registration
<br />of the writing, the substitute trustee thus appointed shall succeed to all the rights, powers,
<br />duties and obligations of the Trustee.
<br />5. CIVIL ACTIONS. In the event that the Trustee is named as a party in any civil action as
<br />trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law,
<br />including himself if he is a licensed attorney, to represent him in said action, and the
<br />reasonable attorney's fees of the Trustee in such action shall be paid by the Lender and
<br />added to the Note and secured by this Deed of Trust, and shall be due and payable by
<br />Borrower upon demand of the Lender.
<br />6. OTHER LIENS. Default, after any applicable notice and cure therein, under the terms of
<br />any instrument secured by a lien on the Property shall constitute default under this Deed
<br />of Trust without any further right to notice and cure.
<br />7. SUBORDINATiON. Any subordination of this lien to any other debts, liens,
<br />encumbrances or obligations shall be only upon the prior written consent of the Lender,
<br />which may be given or withheld in the Lender's sole discretion.
<br />8. RIGHT TO INSPECT. To assure and protect its right in this Deed of Trust and the
<br />Property, the Lender shall have the right of access to and inspection of the Property at
<br />reasonable times and with reasonable notice tv the Borrov�rer.
<br />9. CONDEMNATION. If the Property, or any part of the Property, is condemned under any
<br />power of eminent domain, or acquired for public use, the damages, proceeds and the
<br />consideration for such acquisition, to the extent of the full amount of the indebtedness
<br />under this Deed of Trust and the Note remaining unpaid, are hereby assigned by the
<br />Borrower to the Lender to be applied by the Lender on account of the indebtedness.
<br />10. WAIVER OF DEFAULT. No sale of the Property and no forbearance on the part of the
<br />Lender and no extension of the time for the repayment of the debt secured hereby given
<br />by the Lender shall operate to release, discharge, modify, change, or affect the original
<br />liability of the Borrower either in whole or in part. The Lender can, in its complete
<br />discretion, waive any default, and can waive by written instrument, in advance, any
<br />individual action which might constitute a default.
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