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� . DEED OF TRUST 2 0�� 0 9 4 5 � <br />Loan No: 101246794 (Continued) Page 3 <br />amount sufficient td discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a <br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy <br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee <br />under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes <br />or assessments and shall authorize the appropriate governmental officiel to deliver to Lender at any time a written <br />statement of the taxes end assessments against the Property. <br />Notice of Constructlon. Trustor shall notify Lender at least fifteen (95) days before any work is commenced, any <br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or <br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender <br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such <br />improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended <br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. <br />Policies shall be written in form, amounts, covereges and basis reasonably acceptable to Lender and issued by a <br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender <br />from time to time the policies or certificates of insurance in form setisfactory to Lender, including stipulations that <br />coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include en endorsement providing that coverage in favor of Lender will not be impaired <br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in <br />an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, <br />Trustor agrees to obtain end maintain Federal Flood Insurance, if available, within 45 days after notice is given by <br />Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan <br />and any prior liens an the property securing the loan, up to the maximum policy limits set under the National Flood <br />Insurance Program, or as otharwise required by Lender, and to maintain such insurance for the term of the loan. <br />Applicetion of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor fails to do so within fifteen (15) days ot the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance end apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration <br />and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or <br />replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor trom the proceeds for the reasonable cost of <br />repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 180 �Jeys after their receipt and which Lender has not committed to the repair or restoration of <br />the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds <br />any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's <br />interests may appear. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, <br />encumbrances, and other. claims, (B) to provide any required insurance on the Property, or (C) to meke repairs to the <br />Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's <br />interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender <br />believes to be eppropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will <br />then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment <br />by Trustor. All such exp�nses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on <br />demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment <br />payments to become duQ 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 payable at the Note's maturity. The Deed of <br />Trust also will secure payrrjent of these amounts. The rights provided for in this paragraph shall be in addition to any <br />other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender <br />shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and 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 Reai Property description or in any <br />title insurence policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of <br />Trust to Lender. <br />