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s • . <br /> . ��14���9� <br /> DEED �F TRUST � <br /> Lvan No: 35�D'I Q997 �C�rltinued� � � Pag� 3 <br /> Lender, deposit with Lender cash or a sufficient corporate surety b�nd or other security satis#actory to Lender in an <br /> � amount sufficient to discharge the lien plus any costs and attarneys' fees, or other charges that�vu�d accrue as a <br /> result of a foreclosure or sale under the lien, In any contest, Trust�r shall defend its�lf and Lender and shall satisfy <br /> any ad�erse judgment betore enforcement against the Property. Trustor shall name Lender as an add'+tional obligee <br /> under any surety bond furnished in the contest praceedings. � . <br /> E�idence o#Payment. Trustvr shall upon d�mand furnish to Lender satisfactory e�idence of payment vf the taxes <br /> or assessments and shall authorize the appropriate go�ernmentaF officiai to deli�er to Lender at any time a written <br /> statement af the taxes and assessments against the Property. <br /> Notice of C�nstruction. Trustor shall notify Lender at least fifteen �15� days hefor� any work is �ommenced, any <br /> ser�i�es are furnished, ❑r any materials are supplied to the Property, if any mechanic's lien, materialmen's [i�n, or <br /> other lien �ould be asserted vn accvunt of the work, ser�ices, or materials and the cost exceeds $5,04�.��. <br /> Trustvr will upon request o� Lender furn�sh to Lender ad�ance assurances satisfactory to Lender that Trustor can <br /> and wifl pay the cvst vf such impro�ements. <br />� PR�PERTY DAIUTAGE�NSURANCE. The #oll�wing pro�isions relating tv insuring the Property are a par� vf this ❑Qed vf <br /> - Trust. <br /> � Maintenance of Insurance. T�ustar shal� prvcure and maintain policies of fire insurance with standard extended <br /> co�erage endorsements an a replacement basis for the fuiE insurable �alue co�ering all Impra�ements an the Real <br /> Property in an amount sufficient to a��id application of any cvinsurance clause, and with a standard mortgagee <br /> cFause in fa�vr of Lender. Trustar shall alsa procure and maintain comprehensi�e general liability insurance in such <br /> c��erage amvunts as Lender may request with Trustee and Lender being named as additional insureds �n such � <br /> liabiltty insuranc� pvlicies. Additivnally, Trustor shall maintain such other insurance, in�luding but not limited to <br /> hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall he written in <br /> fo�m, amaunts, co�erages and basfs reasonably acceptabEe tv Lender and issued by a company or companies <br /> reasonably acceptab�e to Lender. Trustor, upon request ❑f Lender, will de�i�er to Lender from time ta time the <br /> polEcies vr certificatQs of insurance in form satisfactory to Lender, including stipulatians that co�erages wil� not be . <br /> canc�lled or diminished without at least ten t 1 Qy days prior written natice ta L�nder. EaGh insurance poficy aisa <br /> shal! include an endarsement pro�iding that co�erage in�a�or of Lender will not�e impaired in any way by any act, <br /> omission vr default of Trustor �r any other person. Should the Real Pr�perty he located in an area designated �y <br /> the Administratvr vt the Federal Emergency Management Agen�y as a special �Ioad hazard area, Trustvr agrees �o <br /> obtain and mainta�n Federa! Flaad Insurance, if a�ailable, within 45 days a#ter notice is gi�en by Lender that the <br /> Property is Iocated in a special flvod hazard area, far the ful� unpaid principal balance of the Ioan and any prior�iens <br /> vn the prvperty securing the Ivan, up to the maximum policy limits set under the National Flood lnsurance Program, <br /> � or as otherwise required by Lender, and to ma�ntain such �nsuran�e for the�erm of the loan. . <br /> Applicativn af Pro�eeds. Trustor shall promptly notify Lender of any loss ❑r damage to the Property if the <br /> . estimated cost of repair or replacement exceeds $5,�4�.�4. Lender may make pro�f ❑f loss if Trustvr �aifs to do <br /> so within fifteen t 15y days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br /> election, recei�e and retain the prviceeds o� any insurance and apply the pr�ceeds to the �eduction of the <br /> Indebtedness, payment of any lien affecting the Property, or the restoration and repair vf the Property. If Lender <br /> elects to apply the proceeds t� restvration and repair, Trustar shall repair ar replace the damaged or destroyed <br /> - Impro�ements in a manner satis�a�tory t� Lender. Lender shall, upon sat�sfactory proof af such expenditure, pay <br /> or reimburse Trust�r from the prviceeds for the reasvnable cvs� of repair or restoration �f Trustar is not in default <br /> under this ❑eed of Trust. Any proceeds which�ha�e not been disbursed within 18� days af�er their receipt and <br /> � which Lender has not comm�tted t❑ the�repair or restorati�n of the Praperty shall be used first to pay any amount <br /> owing t❑ Lender under this Deed of Trust, then to pay accrued Fnterest, and the remainder, if any, shall be applied <br /> to the principal balance o# the indebtedness. If Lender holds any proceeds after payment in full of the <br /> . Indehtedness, such pr�ceeds shall be paid to Trustor as Trustar's interests may appear. . <br /> Trustor's Repor�t on Insurance. Upan r�quest af Lender, howe�er not mare than once a year, Trustor shall furnish <br />' to Lender a repart on each existing pvlicy �of insurance shvwing: �1� the name vf the +nsurer; {�� the risks <br /> insured; �3y the amount �f the policy; {4� the property insured, the then current replacement �a�ue �f such <br /> property, and the manner of determining that�alue; and �5} the expiration date of the palicy. Trustor shall, upon <br /> request of Lender, ha�e an independent appraiser satisfacto�y to Lender determine the cash �alue replacement cost <br /> of the Prvperty. <br /> LENDER'S E�PENDITURES. If any action vr proceeding is cammen�ed that would materia��y affect Lender's interest in <br /> the Property or i� Trustor fails to comply with any pro�ision af this Deed of Trust ar any Refated Documents, including <br /> but not iimited tv T�ustor's fai�ure to discharge or pay when due any amounts Trustor is required t� discharge or pay <br /> � under this Deed o#Trust or any F�elated ❑ocuments, Lender on Trustor's behalf may �but shall not be �bligated ta� take <br /> any action that Lender deems appropriate, including hut not iimited to discharging or paying all taxes, liens, security <br /> inter�sts, encumbrances and vther claims, at any time le�ied or placed on the Property and paying all costs for insuring, <br />� maintain�ng and preser�ing the Property. All such expenditures incurred ar paid by Lender for such purposes will then <br /> �ear interest at the rate charged under the Nate from the date incurred �r paid by Lender to the date of repayment by � <br /> Trus�or. Atl such expenses wii! become a part o# the lndebtedness and, at Lender's option, will �Ay be payable vn <br /> demand; tBf be added t� the balan�e of the Note and be appartioned among and be payable with any installment � <br /> payments t❑ become due during either �i} the term of any applicabl� insurance policy; or �2f the remaining #erm of <br /> the Note; or �Cf be treated as a ballvon payment which will be due and payab�e at the Note's maturity. The�Deed �f <br /> Trust als❑ will secure payment o� these amounts. 5u�h right shall be in additivn tv all ather rights and remedies to <br /> which Lender may he entitled upon ❑efault. <br /> WARRANTY; DEFENSE❑F TITLE. The follawing pro�isivns relating to vwnership of the Property are a part of this D�ed <br /> of Trust: <br /> Title. Trustor warrants that: �ay Trustor holds good and marketable title of record �v the Property in fee simpfe, <br /> free and clear of all liens and encumbran�es ❑ther than those set fvrth in the Real Property description or in any � <br /> title insurance pvlicy, tit�e report, or final title opin�on issued in fa�vr af, and accepted by, Lender in connection <br /> with this Deed of Trust, and �b� Trustar has the full right, pawer, and authority ta execute and de�i�er this Deed of <br /> Tr�ist#n LPnr�Pr. - <br />