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� 201403955 <br /> DEED OF TRUST <br /> Laan No: 373051757 [Continued) Page 3 <br /> statement of the taxes and assessments against the Property. <br /> No#ice of Construction. Trustor shal[ notify Lender at [east fifteen {Z 5} days before any worlc is commersced, any <br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or <br /> other iien eoulcE be asserted on account of the work, services, or rr3aterials. Trustor wil9 upon request of Lender <br /> furnish to Lender advance assurances satisfactory to l.ender that Trustar can and will pay the cost of such <br /> improvements. <br /> PROPERTY DAIVIAGE INSURANCE. The folfowing provisions relating to insuring the Property ere a part o€ihis Deed of <br /> Trust. <br /> IVlaintenance of [nsurance. Trustor shalf procure and maintain policies of €ire insurance with standard extended <br /> coverage endorsements on a replacement basis for the fuEl insurable va]ue covering all lmprovements an the Rea! <br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a startdard mortgagee <br /> cfause in favar of Lender,together with such other hazard and liability insurance as Lender may reasonably require. <br /> Policies shall be written in farm, amounts, coverages and basis reasonably acceptai�le to Lender and issued by a <br /> company or Companies reasonably acceptab[e to Lender. TrusFor, upon request of lender, will deliver to Lender <br /> from time to time the policies or certificates o�insurance in form satisfactory to Lender, including stipulations that <br /> coverages wi[I not be cancel[ed 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 wili not be impaired <br /> in any way 6y any aci, omission or default of Trustor or any other person. Should the Rea! Properry he located in <br /> an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard <br /> area, Trustor agrees to obtain and maintain Federal �[ood Insurance, if a�ailable, for the full unpaid prirtcipal <br /> balance of the loan and any prior fians on tE�e propsrty securing tha loan, up to the maximum policy limits set under <br /> the Hetional Flood ]nsurance Pragram, or as otherwise required by Lender, and to maintain such insurance for the <br /> term of the loan. <br /> Application of Praceeds. Trustor sha[I promptly notify Lender of any]oss or daenage to the Property. Lender may <br /> make proof of toss if Trustor fails to do so within fifteen {�[5} days of the casuafty. Whether or not Lender's <br /> security is impaired, Lender may, at Lender's electian, receive and retain the proceeds of any insurance and app]y <br /> the proceeds to the reduction of the Indebtedness, payment of any lien afiFecting the Property, or the restoration <br /> and repair of the Property. If Lender elects to apply the proceeds to restaration and repair, Trustor sha[I repair or <br /> replace the damaged or destrayed Improvements in a manner satisfactory to Lender. Lender shall, upon <br /> satisfactory proof of such expenditure, pay or reirrtburse Trustor from the proceeds for the reasonab[e cost of <br /> repair or restoration if Trustor is not in default under this peed of Trust. Any proceeds which have not been <br /> disbursed within 180 days 2fter their receipt and which Lender has not comrrtitted to the repair or restoration af <br /> the Property shalt be used first to pay any amount owing to Lender undar this Deed of Trust, then to pay accrued <br /> interest, and the remainder, if any, shal[ be applied to the principa] ba[ance of the Indebtedness. If Lender holds <br /> any proceeds after payrnent in full of the Indebtedness, such proceeds shall be paid to Trustor as TrusTor's <br /> interests may appear. <br /> Compliance with Existing [ndebtedness. During the period in which any Existing Indebtedness described below is <br /> in effect, compliance with the insuranCe provisions contained in the instrvment evidencing such Existing <br /> Indebtedness shall constitute compliance with tF�e insurance provisions under this Deed of Trust, to #he extent <br /> compliance with the terms of this Qeed of Trust would constitute a dupiicatian of insurance requirement. If any <br /> praceeds from the insurance 6ecome paya6le on loss, the provisions in this Deed of Trust for division of proceeds <br /> sha[I app[y anly to thaF portion of the proceeds nat payable to the holder of the Existing Indebxedreess. <br /> LENPER'S EXPENDITURES. If Trustor fails [A) to keep the PropeRy free of all taxes, liens, security interests, <br /> encumbrances, and other daims, {B) ta provide any required insurance an the Property, {C) ta make repairs to the <br /> Psoperty or to comply with any obligation to maintain Existing Indebtedness in good stanc[ing as required below, then <br /> Lender may do so. If any action or proceeding is commenced that wou[d materially affect Lender's interests in the <br /> Property, then Lender on Trustor's behalf may, but is not required to, iake any action that Lender believes ta be <br /> apprapriate to protect Lender's interests. AI] expenses ineurred or paid by Lender for such purposes will then bear <br /> interest at the rate charged under the f�ote from the date incurred or paid by Lender to the date of repayment 6y <br /> Trustor. All such expenses wi[I become a part of the Indebtedness and, at Lender's op'tion, wi][ (q} I�� p�yable an <br /> demand; {g} be added to the halance of the f�ote and be apportioned among and be payable with any installment <br /> payments to become due during either {T} the term of any applicabfe insurance poEicy; or (2) the remaining term of <br /> the Note; or {C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of <br /> Trust also wi[I secure payment of thsse amounts. The rights provided for in this paragraph shal] be in addition ta any <br /> other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender <br /> shall not be construed as curing the defau[t so as to bar Lender from any remedy that it otherwise would have had. <br /> WAR�tAN7Y; �EFE[�SE OF TITLE. The fo[lowing provisions relating to ownership of the Property are a part of this Deed <br /> of Trust: <br /> Title. Trustor warrants that: [a} Trustor holds good and marketab[e title of record to the Property in fee simple, <br /> free and clear of alE liens and encumbrances other than those set #orth in the Reai Property descripEion or in the <br /> 6cisting [ndebtedness section below or in any ti�le insurance policy, title report, or fina]title opinion iss�ed in favor <br /> of, and accepted by, Lender in connection with this I]eed of Trust, and (b] Trusior has the f�l] right, pawer, and <br /> authority to execute and deliver this Deed of Trust to Lender. <br /> Defense of Title. 5ubject to the exceptian in the paragra�h above, Trustar warrants and wiEl forever defend the <br /> tit[e to the Property against the lawful claims of al[ persons. In the e�ent any action or proceeding is comrr�enced <br /> that questions Trustor's titfe or the interesY of Trustee or Lender under this Deed ofi Trust,Trustor sha11 defend the <br /> action at Trustor's expense. Trustor may be the nominal pariy in svch proceeding, but Lender sha[I 6e antitled 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 ta be delivered, to Lender such instrumenis as Lender may request from time to time <br /> to permit such participation. <br /> CompliaRce Witf� Laws. Trustor warsants that the Propsrty and Trustor's use of the Property complies with a][ <br /> existing a�plicable laws, ordinances, and ragulations of governmental authorities. <br /> 5ur�ival of Prorriises. All prorr�ises, agreements, and sxatements Trustor has rnade in this Deed of Trust shall <br /> sur�ive the execution and deli�ery of this �eed af 7re�st, shall be continuing in nature and sha[I remain in fiul[ force <br /> ar�d effect until such time as 7rustor's lndebtedness is paid in fu[I. <br /> EXISTING 1NQEBTEDI�l�SS. The follawing pro�isions concerning Existing Indebtedness are a past of this Deed ofi Trust: <br /> F�cisting Lien. The €ien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an <br /> existing lien. Trustor expressly covenants and agrees to pay, or see to the paymen#of, the Existing [ndebtedness <br /> and to prevent any defauli on such indebtedness, any default under the instruments evidencing such indebtedness, <br /> or any default under any security documents for such indebtedness. <br /> No Modification. Trustor shafl not enter into any agreerr�ent witf� the [�older of any mortgage, deed of trust, or <br /> other security agreement which has priority over this Deed of Trust by which that agreement is modified, <br /> arrtended, exEended, or renewed without Ehe prior written consent of Lender. Trustor shal! neither request nor <br /> accept any future advances under any such security agreement without the prior written consent of Lender. <br />