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D (Con�t nu d) � � � � o `'� � � �' Page 3 <br />Property in an amount sufficfent 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, coverages 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 Ume the policies ar certiflcates of insurance in for►n satisfactory to Lender, inGuding sttpulaUons that <br />coverages will not be cancelled or diminished without at least ten (10) days prior written noUce to Lender. Each <br />insurance policy also shall include an endo�sement 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 and maintain F�eral Flood Insurance, if available, for the full unpaid p�incipal balance of <br />the loan and any prior Ifens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood insurance Program, or as othervvise required by Lender, and to maintain such insurance for the term <br />of the loan. <br />ApplicaUon of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of Ioss if Trustor fails to do so within fifteen (15) days of the casualty. Whefiher or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any ir�surance and apply <br />the proceeds to the reduction of the' Indebtedness, payment of any lien affecting the Property, or the restoraUon <br />and repair of the Property. If Lender elects to apply the proceeds to restoraUon and repair, Trustor shall repafr or <br />replace the damaged or desVoyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimbu�se Trustor from the proceeds for the reasonable cost of <br />repair or restoraUon if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of <br />the Property shall be used flrst 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 />Compliance with Existing Indebtedness. During the perfod in which any Existing Indebtedness described below fs <br />in effect, compliance with the insurance provfsions contalned in the instrument evidencing such Existing <br />Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent <br />compliance with the terms of this Deed of Trust would consUtute a duplication of insurance requirement. If any <br />proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds <br />shall appiy only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, Ifens, security interests, <br />encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the <br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required betow, then <br />Lender may do so. If any action or proc�eding is commenced that would materially affect Lender's interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender beUeves to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes witl then bear <br />interest at the rate charged under the Note from the date incurred or paid 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 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 due 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 payment of these amounts. The rights provided for in this paragraph shall be in add�fon to any <br />other �ighis or any remedies to which Lender maq be entiUed on account of any default My such ac4lon by Lender <br />shall not be construed as curing the default so as to bar Lender from any remedy that it otherwfse 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 Utle of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the <br />Exfsting Indebtedness sectfon below or in any tlUe insurance policy, title report, or final Utle opinion issued in favor <br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced <br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the <br />action at Trustor's expense. Trustor may be the nominal party in such proceedfng, but Lender shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own chofce, and <br />Trustor will deliver, or cause to be detivered, to Lender such instruments as Lender may request from Ume to time <br />to permft such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all <br />existing applicable laws, ordinances, and regulations of govemmental authorities. <br />Survival of Promises. Ali promises, agreements, and statements Trustor has made fn this Deed of Trust shall <br />survive the execuUon and delivery of this Deed of Trust, shall be contlnuing in nature and shall remain in full force <br />and effect until such time as Borrower's Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concernfng Existing Indebtedness are a part of this Deed of Trust: <br />Existing Llen. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an <br />existing lien. Trustor expressly c�venants and agrees to pay, or see to the payment of, the Existing Indebtedness <br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, <br />or any default under any security documents for such indebtedness. <br />No ModiflcaUon. Trustor shalt not enter into any agreement with the holder of any mortgage, deed of trust, or <br />other security agreement which has priority over this Deed of Trust by which that agreement is modffied, <br />amended, extended, or renewed without the prior written consent of Lender. Trustor shall ne'ither request nor <br />accept any future advances under any such securfty agreement without the prior written consent of Lender. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall prompUy notify Lender in writing, and <br />Trustor shall promptly take such steps as may be necessary to defend the action and obtein the award. Trustor <br />may be the nominat party in such proceeding, but Lender shall tre entltled to participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Trustor will delNer or cause to be delivered to <br />Lender such instruments and documentation as may be requested by Lender irom time to tfine to permit such <br />participaUon. <br />ApplicaUon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in Ifeu of condemnation, Lender may at its election require that all or any portion of the <br />net proceeds of the award be applied to the Indebtedness or the repair or restoratlon of the Property. The net <br />