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201403672
<br /> D�ED OF TFiUST ,
<br /> Loan No: 681175-1 {COt�#inued} Page 2
<br /> not the same wes or should have been known to Trustor. The provisions of this section of the �eed of Trust,
<br /> incfuding the obligetion to indemnify and defend, shall survive the payment of the Endebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed af Trust and sha[I not be affected by Lentler's acquisition ot any interest
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Was#e. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor will not remo�e, or grant to eny otE�er party the right ta remove, any timber, minerals iincluding
<br /> oil and gas}, coaf, clay, scoria, soil, gravel or rocEc products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall nat demolish or remove any {mpro�ements from the Real Property without
<br /> Lencfer`s prior written consent. As a conditian to the removal of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with lmprovements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender°s agents and representatives may enter upon the Real f'roperty at all
<br /> reasonable times to a#tend to Lender's interests and to inspect the Reaf Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance weth Govemmental Requirements. Trustor shal[ prompt3y comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustar may contest in good faith any
<br /> such law, ordinance, or regulation ar�d withhvld campliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lertder in writing prior to doing so and sa long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor tn post adequata security ar a surety
<br /> bond, reasonably satisfactory to Lender, to protect Lender's inierest.
<br /> Duty to Protect. Trustor agrees neither to abandon ar leave unattended the Property. Trustor shall do ali other
<br /> acts, in additiqn to those acts set torth above in this section, which from the character and use af the Property are
<br /> reasona6fy necessary to protect and preserve the Property.
<br /> TAXES AND LIENS. Fhe fvlkowing provisions releting to the taxes and [iens on the Property are part of this []eed of
<br /> Trust: '
<br /> Payment. Trustor shall pay when due {and in all events prior to delinquencyl all taxes, special taxes, assessments,
<br /> charges (including water and sewer], fines and impositions Eevied against or on accaunt of the Property, and shall
<br /> pay when due all claims for wark done on or #or services rendered or material furnished to the Property. Trus#or
<br /> shall maintain the ?rnperty free of all lisns 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 pro�ided in this Deed o#
<br /> Trust.
<br /> Right to Contest. irustor may wiihhald payment af any tax, assessment, or claim in connection with a good faith
<br /> dispute over ihe obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is fifed as a resuEt of nonpayment, Trustor shall within fifteen (15) days after the lien arises ar, if a lien is filed,
<br /> within fifteen {15} days aftsr Trustvr has natice of the filing, secure the discharge af the lien, or if requested by
<br /> Lender, deposit with Lender cash or a suifiicient corporate surety bond or other security satisfactory to Lander in an
<br /> amount sufficient to discharge the [ien plus any �osts and attorneys' fees, or other charges that could accrue as a
<br /> resuit of a forecEosure or sale under the lien. In any contest, �Crustor shall defend itse[f and E.ender and shalk satisfy
<br /> any adverse judgment before enforcerrsent against the Property, Trustor shall name Lender as an additional obligee
<br /> under any surety bond#urnished in the contest proceedings,
<br /> �uidence af Payment. Trustor shall upon demand furnish to lender satisfactory evider�ca oF payment o€ the taxes
<br /> or assessments and shall authorize the apprapriate governmental official to deliver to Lender at any time a written
<br /> staterrtent of the taxes and assessments against the Property.
<br /> Notice of Construation. Trustor shall notify Lender ai least fEfteen {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 couid be asserted on account af the work, services, or materiafs. Trustor will upon request of Lender
<br /> furnish to Lender ad�ance assurances satisfactory to Lender that Trustor can and will pay #he cost of such
<br /> improvements.
<br /> PROPERTY DAfVIAGE INSURANCE. The following pravisions reEating to insuring the Property are a part o#this Deed of
<br /> Trust.
<br /> Maintehance of insurence. Trus#or shall procure and maintain policies of fire insurance wifih standard extended
<br /> coverage endorsements on a fair va[ue basis far tha full insurable �alue covering a[I Improvements on the Real
<br /> ProperYy in an amount suFficient to avoid application o# any coinsurance clause, and with a stendard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liahili#y insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lender being named as additianal insureds in such
<br /> liability insurance poEicies. Additionally, Trustor shall maintaiR such other insurance, including but not limited to
<br /> hazard, business interruption, and 6oiler insurance, as Lender may reasonably require. Policies shall be written in
<br /> form, amounts, coverages and basis reasonat�ly acceptable to Lender and issusd by a company or companies
<br /> reasonably acceptable to Lender. Trustor, upon request af Lender, will deliver to Lender from time to time the
<br /> policies or certificates of insurence in form satisfactory ta Lender, including stipulations that coverages will not be
<br /> cancelled or diminished withaut at least ten (l6} days prior written notice to Lender. Each insurance po(icy also
<br /> • shall include an endorsement providing that coverage in#avor o� Lender will not be impaired in any way by any act,
<br /> omissian or default of Trustar or any other person. Should fhe Real Property be located in an area desigr�ated by
<br /> the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustar agrees to
<br /> o6tain and maintein Federal F1ood Insurance, if available, for the full unpeid principel balance of the loan and any
<br /> prior liens an the property securing the loan, up to the maximum policy limits set under the National FEood
<br /> Insurance Program, or as o#herwise required by Lender, and to maintain such insurance for the term of tha loan.
<br /> Appfication of Proceeds. Trustor shall promptiy natify Lender of any loss or damage to the Property. Lender may
<br /> meke proof of loss if Trustor fails to do so within fifteen {15} days of the casualty. Whether or not Lender's
<br /> security is impairecf, Lender may, at Lender's elecfion, recei�e and retain ihe proceeds of any insurance and apply
<br /> the proceeds to #he reduction of the Indebtedness, payment of any Gen affecting the Property, or the restoraiian
<br /> and repair of the Property, If Lender elects to apply the proceeds to restoration and repair, Trustor sha{I repa�r or
<br /> replace the damaged or destroyed Improvements in a manner satisfactory Lo Lender. Lender shall, upvn
<br /> satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of
<br /> repair ar restoration if TrusYor is not in da#ault under this Deed of Trust. Any proceeds which have not been
<br /> disbursed within 180 days after their receipt and which Lender has not cnmmitted to the repair or restoration of
<br /> the Property shall be used first to pay any amo�nt 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 Inde6tedness. If Lender holds
<br /> any proceeds after payment in full of the Indebtedness, sucf� proceeds shaN be paid tv Trustor as Trustor's
<br /> interests may appear.
<br /> Trustor's Report nn Insurance. Upon request of Lender, however not more than once a year, Trustar shall furnish
<br /> to Lender a report an each existing policy of insurance showing: {1] the narne of the insurer; {2} the risks
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