Home Advantage – Form 405 – Page 3
Rev. 2/2022
Grantor shall promptly discharge any lien which has priority over this Deed of Trust unless Grantor: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Beneficiary, but only so long
as Grantor is performing such agreement; (b) contests to the lien in good faith by, or defends against enforcement of
the lien in, legal proceedings which in Beneficiary’s opinion operate to prevent the enforcement of the lien while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the
lien an agreement satisfactory to Beneficiary subordinating the lien to this Deed of Trust. If Beneficiary determines
that any part of the Property is subject to a lien which can attain priority over this Deed of Trust, Beneficiary may
give Grantor a notice identifying the lien. Within 10 days of the date on which that notice is given, Grantor shall
satisfy the lien or take one or more of the actions set forth above in this Deed of Trust.
4. WASTE. The Grantor covenants that the Grantor will keep the Property in good order, repair and condition,
reasonable wear and tear excepted, and that Grantor will not commit or permit any waste on the Property.
5. WARRANTIES. Grantor covenants with Trustee and Beneficiary that Grantor is seized of the Property in fee simple,
has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and
that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except that the
title to the Property is subject to the following exceptions:
(See Exhibit “B” attached hereto and incorporated herein by references, if applicable)
6. OCCUPANCY. Grantor shall occupy, establish, and use the Premises as Grantor’s principal residence.
7. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree that in case the Trustee, or any trustee,
shall die, become incapable of acting, renounce this trust, or for other similar or dissimilar reason become
unacceptable to the Beneficiary or if the Beneficiary desires to replace the Trustee, then the Beneficiary may appoint,
in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the writing, the trustee
thus appointed shall succeed to all the rights, powers and duties of the Trustee.
8. CIVIL ACTIONS. In the event that the Trustee is named as a party in any civil action as trustee in this Deed of
Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to
represent him in said action and the reasonable attorney's fees of the Trustee in such action may be Paid by the
Beneficiary and added to the Note secured by this Deed of Trust, and shall be due and payable by Grantor upon
demand of the Beneficiary.
9. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is
subordinated shall constitute default under this Deed of Trust.
10. SUBORDINATION. Any subordination of this lien to additional liens or encumbrances shall be only upon the prior
written consent of the Beneficiary.
11. LOAN APPLICATION. Grantor shall be in default if, during the Loan application process, Grantor or any persons
or entities acting at the direction of Grantor or with Grantor’s knowledge or consent gave materially false, misleading,
or inaccurate information or statements to (or failed to provide Lender with material information) in connection with
the Loan. Material representations include, but are not limited to, representations concerning Grantor’s occupancy of
the Property as Grantor’s principal residence and Grantor’s income level.
12. RIGHT TO INSPECT. To assure and protect its right in this Deed of Trust and the Property, the Beneficiary shall
have right of access and inspection of the Property at reasonable times and with ample notice to the Grantor.
13. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be
brought which may affect the value or title of the Property, Grantor shall defend, indemnify and hold harmless and
on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by
Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall
be due and payable on demand.
14. SALE OF PROPERTY. Grantor agrees that if the Property or any part thereof or interest therein is sold, assigned,
transferred, conveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law
other than: (i) the creation of a lien or other encumbrance subordinate to this Deed of Trust which does not relate to a
transfer of rights of occupancy in the Property; (ii) a transfer by devise, descent, or operation of law on the death of a