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�� � DEED OF TRUST 2 012 0 5 5 2 7 <br />Lo�n No: 101254750 (Continued) Page 4 <br />hazard, business interruption, and boiler insurance, es Lender may reesonably require. Policies shall be written in <br />form, emounts, covereges and basis reasonably accepteble to Lender and issued by a company or compenles <br />reasonebly acceptable to Lender. Trustor, upon request of Lender will deliver to Lender from tlme to time the <br />policies or certificates of insurance in form satisfectory to Lender, inCtuding stipulations that coveregea will not be <br />cancelled or diminished without et least ten (10) days prior written' hotice to Lender. Each insurance policy also <br />shall include an endarsement providing that coverage in favor of LehHe� will not be impaired in eny way by any ect, <br />omission or default of Trustor or eny other person. Should the Real�'R�operty be located in an area designated by <br />the Director of the Federal Emergency Management Agency as e speciaP flood hazard area, Trustor agrees to obtain <br />and maintain Federal Flood Insurance, if available, within 45 deys after''notice is given by Lender that the Property <br />is loceted in a special flood hazard area, for the full unpaid principal balence of the loan and any prior liens on the <br />properry securing the toan, up to the maximum policy limits set under the National Flood Insurance Program, or as <br />otherwise required by Lender, end to maintain such insurance for the term of the loan. <br />Appllcation of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor feils to do so within fifteen (15) days of the cesualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive end retain the proceeda of eny insurance end epply <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 restoration and repair, Trustor shell repair or <br />replace the damaged or destroyed Improvements (n a manner satisfactory to Lender. Lender shell, upon <br />satisfactory proof of such expenditure, pey or reimburse Trustor from the proceeds for the reasonable cost of <br />repair or restoretion if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 180 days efter their receipt and which Lender has,not committed to the repair or restoration of <br />the Property shell be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />interest, and the remainder, 1f any, shall be applied to the principal balance of the Indebtedness. If Lender holds <br />eny proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's <br />interests mey appear. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shell furniah <br />to Lender e report on each existing policy of inaurance showing: i1) the name of the insurer; (2) the risks <br />insured; (3) the amount of the policy; (4) the praperty insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shell, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced th$z 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 discharge or pay when due any amounts Trustor is required to discharge or pay <br />under this Deed of Trust or eny Related Documents, Lender on Trustor's`dehalf niay Ibut shall not be obligated to1 take <br />any action that Lender deems appropriate, including but not limited to dis�Ch�rging or paying all taxes, liens, security <br />interests, encumbrances and other claims, at eny time levied or placed on the Property and paying all costs for insuring, <br />mainteining and preserving the Property. Ali 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 end, at Lender's option, will (A) be peyeble 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. Such right shall be in addition to ell 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 />Title. Trustor warrants that: (a) Trustor holds gaod and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set for[h in the Real 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 />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 />ection at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding end 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 participetion. <br />Compliance With Laws. Trustor warrants that the Property end Trustor's use of the Propeny complies with all <br />existing applicable laws, ordinances, and regulations of governmental �authorities. <br />Survival of Representations and Werranties. All representations, warr,enties, and agreements made by Trustor in <br />this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, end <br />