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DEED OF TRUST 2 0110 7 6 4 9
<br />(Continued) Page 3
<br />National Floar Insurance Program, or as otherwlse required by Lender, and to maintain such insurance for the term of
<br />the loan.
<br />Appllcation of Proceeds. Trustor shall prompUy notify Lender of any loss or damage to the Property. Lender may
<br />make proof of loss 'rf Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is
<br />impaired, Lender may, at Lender's election, receive 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. My 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, if 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, Trustor 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 expiration 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 EXPENDRURES. If any action or pr�eeding is commenced that would materially affect Lender's interest fn the
<br />Property or ff 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 Documents, 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 taxes, 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 incurred or paid by Lender for such purposes will then bear interest at the rate charged
<br />under the Note from the date fncurred or paid by Lender to the date of repayment by Trustor. All such expenses will b�ome
<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 />WARRANT1f; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a part of this Deed of
<br />Trust:
<br />Title. 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 thase 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 authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of T(tle. 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 acUon or proceeding is commenced that questions
<br />Trustor's title 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 />pr�eeding and to be represented in the proce�ing 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 />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing
<br />applicable laws, ordinances, and regulations of govemmental suthorities.
<br />Survival of Representations and Warrantles. All representaUons, warrantles, and agreements made by Trustor in this
<br />Deed of Trust shall survive the ex�ution and delivery of this Deed of Trust, shali be continuing in nature, and shall
<br />remain in full force and effect until such time as Trustor's Indebtedness 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 not'rfy 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 shall be entitled to participate in the proceeding and to be represented in
<br />the proceeding 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 />Appllcation of Net Proc�eds. If all 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 Property. 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, Fees and Charges. Upon request by Lender, Trustor shall execute such documenis 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 taxes, as described below, together with all expenses incurzed in
<br />recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps,
<br />and other charges for recording or registering this Deed of Trust.
<br />Taxes. The following shall constitute taues to which this section applies: (1) a spec'rfic tax 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 specific tax on Trustor which
<br />Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust;
<br />(3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a spec�c tax on
<br />all or any �rtion of the Indebtedness or on payments of principal and interest made by Trustor.
<br />Subsequent Tau�. If any tax to which this secUon applies is enacted subsequent to the date of this Deed of Trust, this
<br />event shall 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 Ta�ces and Liens section and deposiis with Lender cash or a sufficient
<br />corporate surety bond or other security satisfactory to Lender.
<br />SECURIT1f AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security
<br />agreement are a part of this Deed of Trust:
<br />Security Agreement Th1s insVument shall constitute a Security Agreement to the extent any of the Property constitutes
<br />fixtures, and Lender shall have all of the rights of a secured party under the Unfforrn Commerciai Code as amended from
<br />time to time.
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