Laserfiche WebLink
�0�202�5� <br />DEED OF TRUST <br />Loan No: 133732 (Continued) <br />Page 2 <br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or <br />not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, <br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction <br />and reconveyence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest <br />in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any <br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the <br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including <br />oil and gas►, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without <br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to <br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal <br />value. <br />Lender's Right to Enter. Lender and Lender's egents end representatives may enter upon the Real Property at all <br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's <br />compliance with the terms and conditions of this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupency of the <br />Property. Trustor mey contest in good faith any such lew, ordinance, or regulation end withhold compliance during <br />any proceeding, including appropriate eppeals, so long as Trustor has notified Lender in writing prior to doing so <br />and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require <br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other <br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are <br />reasonably necessary to protect and preserve the Property. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed af <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewerl, fines and impositions levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor <br />shall meintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of <br />Trust. <br />Right to Contest. Trustor may withhold payment of any tax, essessment, or claim in connection with a good faith <br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or <br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, <br />within fifteen 115) days after Trustor has notice of the filing, secure the discharge of the lien, or it requested by <br />Lender, deposit with Lender cesh or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to 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 end 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 satisfectory evidence of peyment of the texes <br />or assessments and shall authorize the eppropriate governmentai official to deliver to Lender at any time a written <br />statement of the taxes and assessments against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any <br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialmen'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 shell procura and maintain policies of fire insurance with standard e�ctended <br />coverege endorsements on a fair value basis for the full insureble 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 mey reasonably require. <br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by e <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 satisfactory to Lender, including stipulations that <br />coverages will not be cancelled or diminished without at least ten (10) deys prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in fevor of Lender will not be impaired <br />in any way by any act, omission or default ot 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 and maintain Federal Flood Insurance, if evailable, for the full unpaid principal belance of <br />the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood Insurance Progrem, or as otherwise required by Lender, and to maintain such insurence for the term <br />of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property if the <br />estimated cost of repair or replacement exceeds 81,000.00. Lender may make proof of loss if Trustor fails to do <br />so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />election, receive and retain the proceeds of eny insurance and apply the proceeds to the reduction of the <br />Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender <br />elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or destroyed <br />Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay <br />or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default <br />under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and <br />which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount <br />owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied <br />to the principal balance of the Indebtedness. If Lender holds eny proceeds after payment in full of the <br />Indebtedness, such proceeds shall be paid to Trustor as Trustor's 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 make 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 thet Lender <br />