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CONST DOT PG2 <br />201211074 <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS: <br />Title: That is lawfully seized and possessed of a good and indefeasible title and estate to such property in fee simple <br />and will forever warrant and defend the title thereto against the claims and demands of all persons whosoever; that it <br />will, at its expense, maintain and preserve the lien of this Deed of Trust as a first and paramount hen upon such <br />property. <br />Maintenance: To keep such property in good condition and repair; to complete or restore promptly and in good <br />and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay, when due, <br />all claims for labor performed and materials furnished therefor and for any alterations thereof; to comply with the <br />provisions of all insurance policies covering said premises; to comply with all laws, ordinances, regulations, covenants, <br />conditions and restrictions affecting such property; not to remove, demolish or materially alter any building, or the <br />character or use thereof at any time thereon; not to drill or extract nor to permit the drilling for or extraction of oil, gas <br />or other hydrocarbon substances or any mineral of any kind unless the written consent of Beneficiary is first had and <br />obtained; not to commit or permit any waste thereof or any act upon such property in violation of law; to do all other <br />acts in a timely and proper manner which from the character or use of such property may be reasonably necessary to <br />protect and preserve said security, the specific enumerations herein not excluding the general. <br />Construction of Improvements: To complete in good and workmanlike manner any building or improvement <br />or repair relating thereto which may be begun on such property or contemplated by the loan secured hereby, to pay when <br />due all costs and liabilities incurred therefor, and not to permit any construction lien against such property. Trustor also <br />agrees, anything in this Deed of Trust to the contrary notwithstanding (a) to promptly commence work and to complete <br />the proposed improvements promptly, (b) to complete the same in accordance with plans and specifications as approved <br />by Beneficiary, (c) to comply with all of the terms of any building loan agreement between Trustor and Beneficiary, (d) <br />to allow Beneficiary to inspect such property at all times during construction, and (e) to replace any work or materials <br />unsatisfactory to Beneficiary, within fifteen (15) days after written notice from Beneficiary of such fact, which notice <br />may be given to Trustor by registered or certified mail, sent to his last known address, or by personal service of the same. <br />Fire and Casualty Insurance: To keep such property insured against loss or damage by fire and other risk or risks <br />which, in the opinion of Beneficiary should be insured against, under policies of insurance with loss payable to <br />Beneficiary in form, amount, and companies acceptable to Beneficiary. Said policies shall be delivered to and remain in <br />possession of Beneficiary as further security for the faithful performance of these obligations, which delivery shall <br />constitute an assignment by Trustor to Beneficiary to all rights thereunder, including all return premiums; to deliver to <br />Beneficiary a policy or policies renewing or extending any expiring insurance with a receipt showing premiums paid at <br />least thirty (30) days before expiration. If Trustor fails to so deliver any renewal policies, Beneficiary may procure such <br />insurance as it may elect and may make payment of premiums thereon, which payment is repayable on demand. Neither <br />Trustee nor Beneficiary shall be responsible for obtaining or maintaining such insurance. Beneficiary, from time to time, <br />may furnish to any insurance agency or company, or any other person, any information contained in or extracted from <br />any insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information concerning the loan <br />secured hereby. In no event and whether or not default hereunder has occurred shall Beneficiary, by the fact or <br />approving, accepting or obtaining such insurance, incur any liability for the amount of such insurance, the form or legal <br />sufficiency of insurance contracts, solvency of insurers, or payment of losses by insurers, and Trustor hereby expressly <br />assumes full responsibility therefor and liability, if any, thereunder. In the event of loss, Trustor shall give immediate <br />written notice to Beneficiary, and Beneficiary may, but is not obligated to, make proof of loss if not made promptly by <br />Trustor. In case of any loss the amount collected under any policy of insurance on such property may, at the option of the <br />Beneficiary, be applied by Beneficiary upon any indebtedness and/or obligation secured hereby and in such order and <br />amount as Beneficiary may determine; or said amount or any opion thereof may, at the option of the Beneficiary, either <br />be used in replacing or restoring the improvements partially or totally destroyed to a condition satisfactory to said <br />Beneficiary, or said amount or any portion thereof may be released to the Trustor. In any such event neither the Trustee <br />nor the Beneficiary shall be obligated to see to the proper application thereof; nor shall the amount so released or used be <br />deemed a payment on any indebtedness secured hereby. Such application, use, and/or release shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done pursuant to such notice. Any unexpired insurance and all <br />returnable insurance premiums shall inure to the benefit of, and pass to, the purchaser of the property covered thereby at <br />any Trustee's sale held hereunder. If said property is sold pursuant to the power of sale contained herein or pursuant to <br />any decree of foreclosure, all right, title and interest of Trustor in and to the proceeds of fire and other insurance policies <br />for damage prior to the sale, which proceeds are not received prior to the date of said sale, shall belong to Beneficiary. <br />Taxes and Other Sums Due: To pay, satisfy and discharge, at least ten (10) days before delinquency, all general <br />and special taxes and assessments affecting such property, and in no event later than the date such amounts become due, <br />(1) all encumbrances, charges and liens, with interest, on such property, or any part, thereof, which are, or appear to <br />Beneficiary to be prior to or superior hereto, (2) all costs, fees and expenses of this trust, whether or not described herein, <br />(3) fees or charges for any statement regarding the obligation secured hereby in any amount demanded by Beneficiary, <br />not to exceed the maximum amount allowed by law therefor at the time when such request is made, (4) such other <br />charges as the Beneficiary may deem reasonable for services rendered by Beneficiary and furnished at the request of <br />Trustor or any successor in interest to Trustor, (5) if such property includes a leasehold estate, all payments and <br />obligations required of the Trustor or his successor in interest under the terms of the instrument or instruments creating <br />such leasehold, Trustor hereby agreeing not to amend, change, or modify his leasehold interest or the terms on which he <br />has such leasehold interest, or to agree to do so, without the written consent of Beneficiary being first obtained, and (6) <br />all payments and monetary obligations required of the owner of such property under any declaration of covenants, <br />conditions and restrictions pertaining to such property or any modification thereof. Should Trustor fail to make any such <br />payment, Beneficiary, without contesting the validity or amount, may elect to make or advance such payment together <br />with any costs, expenses, fees or charges relating thereto, including employing counsel and paying his reasonable fees. <br />Trustor agrees to notify Beneficiary immediately upon receipt by Trustor of notice of any increase in the assessed value <br />of such property and agrees that Beneficiary, in the name of Trustor, may contest by appropriate proceedings such <br />increase in assessment. <br />2 <br />