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DEED OF TRUST 2 012 0 0 0 4�. <br />Loan No: 101247823 (Continued) Page 4 <br />form, amounts, coverages and basis reasonabty acceptable to Lender and issued by a compeny or companies <br />reasonebly acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satiafactory to Lender, including stipulations that coverages wfll not be <br />cancelled or dimin(shed without at least ten (10) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in fevor of Lender will not be impaired in eny way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in en area designated by <br />the Director of the Federal Emergency Management Agency es a special flood hazard area, Trustor agrees to obtain <br />and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior <br />liens on the property securing the loan, up to the meximum policy limits set under the National Flood Insurance <br />Program, or as otherwise required by Lender, and to maintein such insurance for the term of the loan. <br />ApplicaUon of Proceeds. Trustor shall promptly notify Lender of any loss or damege to the Property. Lender may <br />meke proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurence and apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration <br />end repair of the Property. If Lender elects to apply the proceeds to restoretion and repair, Trustor shall repair or <br />replace the damaged or destroyed Improvements in a manner satisfectory to Lender. Lender shell, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasoneble cost of <br />repair or restoration if Trustor is not in deteult under this Deed of Trust. Any proceeds which have nqt been <br />disbursed wkhin 180 days after their receipt end which Lender has not committed to the repeir or restoretio� of <br />the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay eccrued <br />interest, and the remainder, if any, shell be applied to the principal belance 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 />Compliance with Existing Indebtedness. During the period in which eny Existing Indebtedness described below is <br />in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing <br />Indebtedness shall constitute complience with the insurence provisions under this Deed of Trust, to the entent <br />complience with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If eny <br />proceeds from the insurance become payable on loss, the prov(sions in this Deed of Trust for division of proceeds <br />shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish <br />to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2► the risks <br />tnsured; (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; end (5) the expiration date of the policy. Trustor shell, upon <br />request of Lender, have en independent appreiser setisfactory 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 materially 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 obligetion to maintain Existing Indebtedness in good standing as <br />requlred below, or to discherge or pay when due any emounts Trustor is required to d(scharge or pay under this Deed of <br />Trust or any Related Documents, Lender on Trustor's behelf may (but shall not be obligated to) teke eny action thet <br />Lender deems eppropriete, including but not limited to discharging or pay(ng all taxes, liens, security interests, <br />encumbrances and other cleims, et any time levied or placed on the Property and peying ell 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 at the rate charged under the Note from the date incurred or peid by Lender to the date of repayment by <br />Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be peyable on <br />demand; (B) be added to the balance of the Note and be apportioned among and be payable with any insteltment <br />payments to become due during either (1) the term of eny applicable insurence policy; or (2) the remeining term of <br />the Note; or (C) be treated as � balloon payment which will be due and payable 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 releting to ownership of the Property are a part of this Deed <br />of Trust: <br />Tkle. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free end clear of all liens end encumbrances other then 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, end (b) Trustor has the full right, power, end <br />authority to execute end deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception (n the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lewful cla(ms of all persons. In the event any action or proceed(ng is commenced <br />thet questions Trustor's title or the (nterest of Trustee or Lender under this Deed of Trust, Trustor shell defend the <br />action at Trustor's expense. Trustor may be the nominal perry in such proceeding, but Lender ahell be entitled to <br />participete in the proceeding end to be represented in the proceeding by counsel of Lender's own cho(ce, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />