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201300355 <br /> DEED OF TRUST <br /> (Continued) Page 3 <br /> Payment. Trustor shall pay when due (and in all events prior to delinquency)all taxes, special taxes, assessments, <br /> charges (including water and sewer), fines and impositions levied against or on account of 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 Property 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 obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a 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 (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by <br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory 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 a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy <br /> any adverse 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 /> Evidence 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 materials are supplied to the Property, if any 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 satisfactory 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 maintain policies of fire insurance with standard extended <br /> coverage endorsements on a replacement basis for the full insurable value 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 favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. <br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a <br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender <br /> from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that <br /> coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender Each <br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired <br /> in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in <br /> an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, <br /> Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the maximum amount of Trustor's <br /> credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the <br /> maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to <br /> 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 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 /> and 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 in a manner satisfactory to Lender Lender shall, upon <br /> satisfactory 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 Any proceeds which have 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 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 Trustors <br /> interests may appear. <br /> LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, <br /> encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the <br /> Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's <br /> interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender <br /> believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will <br /> then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date <br /> of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br /> be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be <br /> payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or <br /> (2) the remaining term of the Credit Agreement, or (C) be treated as a balloon payment which will be due and payable <br />