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DEED OF TRUST
<br />(cont�nued) 2 Q��. 0 5 81 � Page 3
<br />make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's securiiy is
<br />impaired, Lender may, at Lender's election, receNe and retain the proceeds of any insurance and apply the proceeds to
<br />the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the
<br />Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or
<br />destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure,
<br />pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration 'rf Trustor is not in default
<br />under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which
<br />Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to
<br />Lender under this Deed of Trust, then to pay accrued interest, and the remainder, 'rf any, shall be applied to the principal
<br />balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds
<br />shall be paid to Trustor as Trustor's interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trusto� shall fumish to
<br />Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3)
<br />the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner
<br />of determining that value; and (5) the expira�on date of the policy. Trustor shall, upon request of Lender, have an
<br />independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
<br />LENDER'S EXPEI�DITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the
<br />Property or 'rf Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not
<br />limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed
<br />of Trust or any Related D�uments, Lender on Trustor's behalf may (but shall not be obligated to) take any action that Lender
<br />deems appropriate, including but not limited to discharging or paying all faxes, liens, security interests, encumbrances and
<br />other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the
<br />Property. All such expenditures incurzed or paid by Lender for such purposes will then bear interest at the rate charged
<br />under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become
<br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the
<br />Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be
<br />due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in
<br />addition to all other rights and remedies to which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of
<br />Trust:
<br />Tftle. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and
<br />clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance
<br />policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust,
<br />and (b) Trustor has the full right, power, and authoriiy to execute and deliver this Deed of Trust to Lender.
<br />Defense of Tltle. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to
<br />the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions
<br />Trustor's tiUe or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's
<br />expense. Trustor may be the nominal party in such proceeding, but Lender shall be entiUed to participate in the
<br />proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or
<br />cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
<br />Compltance With Laws. Trustor warran� that the Property and Trustor's use of the Property complies with all existing
<br />applicab{e laws; .orcU�as, and regulaUons of govemmental sautt�orities.
<br />Survlval of Representations and Warrantles. All representations, warranties, and agreements made by Trustor in this
<br />Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be conUnuing in nature, and shall
<br />remain in full force and effect until such time as Trustor's lndebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proc�edings. If any proceeding in condemnation is filed, Trustor shall prompUy notify Lender in writing, and Trustor
<br />shall prompUy take such steps as may be necessary to defend the action and obtain the award. Trustor may be the
<br />nominal party in such proceeding, but Lender shail be entiUed to'participate in the proce�ing and to be represented in
<br />the proce�ling by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments
<br />and documentation as may be requested by Lender from time to time to permit such participation.
<br />Applicatlon of Net Proceeds. If ail or any part of the Property is condemned by eminent domain proceedings or by any
<br />proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net
<br />proceeds of the award be applied to the Indebtedness or the repair or restoration of the Properly. The net proceeds of
<br />the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' fees incurred by Trustee
<br />or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
<br />govemmental taxes, fees and charges are a part of this Deed of Trust:
<br />Current Taxes, Fee.a and Charg�. Upon request by Lender, Trustor shall execute such documents in addition to this
<br />Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real
<br />Property. Trustor shall reimburse Lender for all ta�ces, as described below, together with all expenses incurred in
<br />recording, perfectlng or continuing this Deed of Trust, including without IimitaUon all taxes, fees, documentary stamps,
<br />and other charges for recording or registering this Deed of Trust.
<br />Taues. The following shall constitute taxes to which this section applies: (1) a spec'rfic tau upon this type of Deed of
<br />Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specfic tax on Trustor which
<br />Trustor is authorized or required to deduct ftom payments on the Indebtedness secured by this type of Deed of Trust;
<br />(3) a tax on tfiis type of Deed of Trust charge�ble against the Lender or tho holder of the Ns�te; and� (4) a specff'ic tax on
<br />all or any portion of the Indebtedness or on payments of principal and interest made by Trustor.
<br />Subsequent Taxes. If any tax to which this section appiies is enacted subsequent to the date of this Deed of Trust, this
<br />event shail have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for
<br />an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2)
<br />contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient
<br />corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FlNANCING STATEMENTS. The following provisions relatlng to this Deed of Trust as a security
<br />agreement are a part of this Deed of Trust:
<br />Securlty Agreement This instrument shall constitute a Security Agreement to the e�ctent any of the Property constitutes
<br />fixtures, and Lender shall have ali of the rights of a secured party under the Uniform Commercial Code as amended from
<br />time to Ume.
<br />Security Interest Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and
<br />continue Lender's security interest in the Rents and Personai Properly. In addition to recording this Deed of Trust in the
<br />real property records, Lender may, at any time and without further authorizatlon from Trustor, file executed counterparts,
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