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201306187 <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />Property before the same become delinquent and, upon such payment, shall provide evidence of <br />payment to Lender. <br />4. Borrower shall keep the improvements on said Property insured for their insurable <br />value against loss by fire and hazards included with the term "extended coverage ", and policies <br />for the same shall include a standard mortgage clause showing Lender herein. In event of loss, <br />Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be <br />applied to restoration or repair of the Property damaged, unless both parties otherwise agree, except <br />if restoration or repair is not economically feasible, or if Lender's security is not lessened; <br />otherwise, said proceeds shall be paid on the Debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of any scheduled payments provided in said <br />Note, or change the amount of the payments. <br />5. Borrower shall keep the described Property in good condition and repair; shall <br />promptly repair or replace any improvement which may be damaged or destroyed; shall not <br />commit or permit any waste or deterioration of the Property; shall not remove, demolish, or <br />substantially alter any of the improvements on the Property; shall not commit, suffer, or permit <br />any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and <br />shall promptly discharge at Borrower's cost and expense all liens, encumbrances, and charges <br />levied, imposed, or assessed against the Property. <br />6. Borrower shall keep the Property in compliance with all applicable laws, <br />ordinances, and regulations relating to industrial hygiene or environmental protection (collectively <br />referred to herein as "Environmental Laws "). Borrower shall keep the Property free from all <br />substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred <br />to herein as "Hazardous Materials "). Borrower hereby warrants and represents to Lender that there <br />are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and <br />hold harmless Lender and its directors, officers, employees, and agents, and any successors to <br />Lender's interest, from and against any and all claims, damages, losses, and liabilities arising in <br />connection with the presence, use, disposal, or transport of any Hazardous Materials on, under, <br />from, or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION, <br />AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, <br />SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br />7. Borrower shall not sell, transfer, assign, convey, or further encumber all or any part <br />of or any interest in the Property, either voluntarily or involuntarily, without the express prior <br />written consent of Lender, or as otherwise permitted herein. In the event of any such sale, transfer, <br />assignment, conveyance, or transfer in violation of this provision, Lender shall have the option to <br />declare all sums secured hereby immediately due and payable. <br />8. If Borrower fails to perform the covenants and agreements contained herein, Lender <br />may do and pay for whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property, including the paying of any sum secured by a lien which has priority over this <br />Deed of Trust, appearing in Court, paying reasonable attorney fees, and entering the Property to <br />make repairs. Any amount disbursed by Lender under this paragraph shall become an additional <br />debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement, and <br />said amount, together with the then - unpaid principal amount, shall bear interest at the highest <br />lawful rate until refunded by Borrower. <br />9. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due, <br />with any excess to be paid to Borrower. <br />10. Any extensions or modifications of the loan granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be <br />a waiver of or preclude the exercise of any right or remedy. <br />Page 2 of 4 <br />