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DEED OF TRUST 2 012 0 6 7 0 2
<br />(Continued) P�9e 2
<br />purposea only end shall not be conatrued to create any reaponsibility or liabitity on the part of Lender to Trustor or
<br />to eny other person. The representations end warranties conteined herein are based on Trustor's due dlligence in
<br />investigating the Properry for Haaardous Substances. Trustor hereby (1) releases end wa(ves any future clafms
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, end hold harmless Lender against any and ell claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same wes 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 />end reconveyance 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 weste on or to the Property or any portion of the Properry. 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 gas1, 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 Properry without
<br />Lender's prior written consent. As a condition to the removal of eny Improvements, Lender mey require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />velue.
<br />Lender's Right to EMer. Lender and Lender's egents and representetives 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 />complience with the terms end conditions of thfs Deed of Trust.
<br />Compliance with f3ovemmental Requirements. Trustor ahall promptly comply with all lews, ordinances, end
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or reguletion and withhold complience during any proceeding, including appropriate appeals,
<br />so long es Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonebly satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to ebandon 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 necessery 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 of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prtor to delinquency) all taxes, special texes, essessments,
<br />charges Uncluding water and sewer►, fines and impositions levied against or on eccount af 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 maintain the Properry 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, assessment, or claim in connection with a good faith
<br />dispute over the obtigation to pay, so tong as Lender's interest in the Property is not jeopardized. If e 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 (16) days after Trustor hes notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficfent corporate surety bond or other security satisfectory 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 e foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender end shall satisfy
<br />eny edverse 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 />Ev(dence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental 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 materiels are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be esserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advence assurances setisfactory to Lender that Trustor can and wlll pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ere a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shell procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a fair value basis for the full insurable velue 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 fevor of Lender. Trustor shall also procure and maintain comprehensive general liebility 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 maintain such other insurance, Including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Polfcies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificetes of insurance in form satisfactory to Lender, including stipulations that coverages will not be
<br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy elso
<br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any 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 Federel Emergency Management Agency as a special flood hezard area, Trustor egrees to obtain
<br />and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior
<br />liens on the property securing the loan, up to the maximum policy 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 Properry. 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 impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
<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 shall repair or
<br />replace the damaged or destroyed Improvements fn a manner satisfectory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of
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