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DEED OF TRUST �, <br />Loan No: 101244295 •; (COntlnued) �C+ 0� 1 o s 5 s o page 4 <br />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would meterielly affect Lender's interest in <br />the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including <br />but not limited to Trustor's failure to comply with any obligation to maintein Existing Indebtedness in good standing es <br />required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of <br />Trust or any Related Documents, Lender on Trustor's behalf may (but shall rtot be obligeted to) take any action that <br />Lender deems appropriate, including but not limited to discharging or peying alt texes, liens, security interests, <br />encumbrances and other claims, et any time levied or placed on the Property and paying all costs for insuring, <br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then <br />bear interest et the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by <br />Trustor. All such expenses will become a part of the Indebtedness and, at Lertder's option, will (A) be payable on <br />demand; (B) be added to the balence of the Note and be apportioned among and be payeble with any installment <br />payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of <br />the Note; or (C) be treated as a balloon payment which will be due and payeble at the Note's meturity. The Deed of <br />Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to <br />which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are e part of this Deed <br />of Trust: <br />Title. Trustor werrants thet: (a) Trustor holds good end marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrences other than those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor <br />of, and accepted by. Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />authority 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 <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced <br />thet questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the <br />action at Trustor's expense. 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 Lender's own choice, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such perticipation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Properry complies with all <br />existing applicable laws, ordinances, and regulations of governmental euthorities. <br />Survival of Representetions and Warrar�ties. All representetions, werranties, and agreements made by Trustor in <br />this Deed of Trust shall survive tHe execution and delivery of this Deed of Trust, shall be continuing in nature, and <br />shall remain in full force and effect until such time as Trustor'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 Trust securing the Indebtedness may be secondary and inferior to an <br />existing lien. Trustor expressty covenants a�td agrees to pay, or see to the payment of, the Existing Indebtedness <br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, <br />or any default under any security documents for such indebtedness. <br />No Modification. Trustor shall not entar into eny agreement with the holder of any mortgage, deed of trust, or <br />other security agreement whicfl has priority over tNis Deed of Trust by which that agreement is modified, <br />amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor <br />accept any future advances under eny such security agreament without the prior written consent of Lender. <br />CONDEMNATION. The foltowing provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and <br />Trustor shall promptly teke such steps as may be necessary to defend the action and obtain the award. Trustor <br />may be the nominal party in such proceeding, but Lender shall be entitled td participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to <br />Lender such instruments and documentation as may be requested by L.ender from time to time to permit such <br />participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the <br />net proceeds of the awerd be applied to the Indebtedness or the repair or restoration of the Properry. The net <br />proceeds of the award shalt mean the award after payment of all reasonable costs, expenses, and attorneys' fees <br />incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The foltowing provisions relating <br />