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�°� � t ' '°�� DEED OF TRUST Z 0�. 2 0 5 2 3 6
<br />(Continuedl Page 3
<br />services are furnished, or any materiels are suppUed to the Property, if eny 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 satisfectory 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 and meintain policies of fire insurance with standard extended
<br />coverage endorsements on a feir value basfs for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid applfcation of any coinsurance clause, and with a standard mortgegee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall meintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies ahall be written in
<br />form, amounts, coverages and besis reasonably acceptable to Lender and issued by e company or compenies
<br />reasonably 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 satisfactory to Lender, including stipulations thet covereges will not be
<br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also
<br />shall include an endorsement providing that coverage in favor 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 an area designated by
<br />the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtein
<br />and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan end any prior
<br />liens on the property securing the loan, up to the maximum polfcy limits set under the National Flood Insurance
<br />Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Application 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 of the casualty. Whether or not Lender's
<br />security is impai�ed, Lender may, at Lender's election, receive and retein the proceeds of eny insurance and 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 ahell repair or
<br />replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shell, upon
<br />satisfactory proof of such expendlture, pay or reimburse Trustor from the proceeds for the reasoneble 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 days after their raceipt and which Lender has not committed to the repalr or restoration of
<br />the Properry 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 />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 />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such
<br />property, and the menner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon
<br />request of Lender, have an andependent appraiser satisfactory to Lender determine the cesh value replacement coat
<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 eny provision of this Deed of Trust or any Related Documents, including
<br />but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pey
<br />under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take
<br />any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liena, securfty
<br />interests, encumbrances and other claims, at any time levied or placed on the Property and peying ell costs for insuring,
<br />maintaining and preserving the Properry. 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 paid by Lender to the date of repayment by
<br />Trustor. All such expenses will become a part of the Indebtedness end, at Lender's option, will (A) be payable on
<br />demand; (B) be added to the balance of the Note and be apportfoned among and be payable with any instellment
<br />payments to become due during either (1) the term of any applicable insurence policy; or (2) the ramaining term of
<br />the Note; or (C) be treated es 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. Such right shail be in addition to all other rights end remedies to
<br />which Lender may be entitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed
<br />of Trust:
<br />Tttle. Trustor warrants that: (a) Trustor holds good and marketable tftle 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 [n any
<br />title insurance 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 />Defense of Tirtle. Subject to the exception in the paragraph 'above, Trustor warrants and will forever detend 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 proceeding, but Lender shell be entitled to
<br />participate in the praceeding and to be represented in the proceeding by counsel of Lender's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
<br />to permit such participation.
<br />Compliance With Laws. Trustor warrants thet the Property and Trustor's use of the Property compUes with all
<br />existing applicable laws, ordinances, and regulations of governmental authorities,
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in
<br />this Deed of Trust shall survive the execution end delivery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proceedings. If any praceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly take such steps as may be necessary to defend the action end obtain the award. Trustor
<br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
<br />represented in the proceeding by counsel of its own choice, and Trustor will ileliver or cause to be delivered to
<br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br />partiCipation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceadings or by
<br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
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