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,, <br />Loan No: 107255392 <br />DEED OF TRUST 2 012 U 6 41 G <br />(Continued) Page 4 <br />security is impaired, Lender may, at Lender's election, recelve and retain the proceeds of eny insurance and apply <br />the proceeds to the reduction of the Indebtedness, peyment of any lien affecting the Property, or the restoration <br />and repeir of the Properry. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or <br />replace the damaged or destroyed Improvements in a manner setisfactory to Lender. Lender shall, upon <br />satisfectory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of <br />repair or restoration if Trustor is not in default under this Deed of Trust. A�y proceeds which heve 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 first to pay any amount owing to Lender under this Deed of Trust, then to pey eccrued <br />interest, and the remainder, if any, shall be epplied to the principal balance of the Indebtedness. If Lender holds <br />any proceeds after payment (n full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's <br />interests may appear. <br />Compliance wlth Existing Indebtedness. During the perlod in which any Facisting Indebtedness described below is <br />in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing <br />tndebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the entent <br />compliance with the terms of this. Deed of Trust would constitute a duplication of insurance requirement. It any <br />proceeds from the insurance become peyable on loss, the provisions 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 e report on each existing poticy of insurance showing: (1) the neme of the insurer; (21 the risks <br />insured; (3) the emount of tNe policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining thet velue; and (5) the expiration date of the policy. Trustor shall, upon <br />request of Lender, have an independent appreiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br />LENDER'S EXPENDITURES. If any ection or proceeding is commenced that would materielly affect Lender's interest in <br />the Properry or if Trustor fails to cori�ply 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 obligation to maintain Existing Indebtedness in good standing as <br />required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of <br />Trust or eny Related Documents, Lender on Trustor's behelf iney (but shell not be obligated to) take any action thet <br />Lender deems appropriate, including but not limited to discharging or paying all texes, Uens, security interests, <br />ehcumbrances and other claims, at arty time levied or placed on the Property and paying ell costs for insuring, <br />maintaining end 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 paid by Lender to the date of repeyment by <br />Trustor. All such expenses will become a part of the Indebtedness and, et Lender's option, will (A) be payable on <br />demend; (B) be added to the balance of the Note and be apportioned atnong 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 belloon payment which will be due and payable et the Note's maturity. The Deed of <br />Trust also will secure payment of these emounts. 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 relating to ownership of the Property ere a pert of this Deed <br />of Trust: <br />Title. Trustor warrants that: (al Trustor holds good end marketeble title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances otYier then those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurence policy, title report, or final title opinion issued in fevor <br />ot, and accepted by, Lender ih connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />authority to execute a�d deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragreph above, Trustor v�rarrants and will fotever defend the <br />title to the Property against the lawful cla(ms of all persons. In the event eny action or proce�ding is commenced <br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shell defend the <br />action at Trustor's expense. Trustor may be the Y�ominal perty in such proceeding, but Lender shall be entitled to <br />participate in the proceeding 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 instrur'nents as Lender may request from time to time <br />to permit such participation. <br />Complience With Laws. Trustor warrahts that the Property and Trustor's use of the Property complies with all <br />existing applicable laws, ordinances, and regulations of governmental authorities. <br />Survivel of Representations and Warranties. All representations, warranties, end egreements mede by Trustor in <br />this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and <br />shall remain in full force and effect until such time as Trustor's Indebtedness sNall be paid in full. <br />EXISTING INDEBTEDNESS. The following provisiohs concerning Existtng Indebtedness ere a part of this Deed of Trust: <br />Existing Lien. The tien of this Deed of Trust securing the Indebtedness mey be secondary and inferior to an <br />existing lien. Trustor expressly covenants and agrees to pey, or see to the payrtient of, the Existing Indebtedness <br />artd to prevent any default on such indebtedness, any default under the instrumerlts evidencing such indebtedness, <br />or any default under any security documents for such indebtedness. <br />