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� o,—�,-2°°° 2 0 0 0 0 0 9 5 2 DEED O nuedUST , �,n.�,� Q��,�,�s� �; . Page 3 <br /> • Loan No 766268 ,. . , <br /> services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the existing indebtedness referred <br /> to below,and except as otherwise provided in this Deed of Trust. <br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a <br /> replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any <br /> coinsurance clause,and with a standard mortgagee clause in favor of Lender,together with such other hazard and liability insurance as Lender <br /> may reasonably require. 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 from time to time the policies <br /> or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at <br /> least ten (10)days'prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of <br /> Lender will not be impaired in$ny way by any act, omission or default of Trustor or any other person. The Real Property is located in an area <br /> designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to obtain and <br /> maintain Federal Flood Insurance for the full unpaid principal balance of the loan and 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 maintain such insurance for <br /> the term of the loan. <br /> D(PENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust, including any obligation to maintain Existing <br /> indebtedness in good standing as required below, or if any action or proceeding is commenced that would materially affect Lender's interests in the <br /> Property, Lender on Trustor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender <br /> expends in so doing wiil bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by <br /> Trustor. All such expenses,at Lender's option,will (a)be payable on demand, (b)be added to the balance of the Note and be apportioned among <br /> and be payable with any installment payments to become due during either (i)the term of any applicable insurance policy or (ii)the remaining term <br /> of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure <br /> payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be <br /> entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that <br /> it otherwise would have had. <br /> WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. <br /> Tltle. Trustor warrants that: (a)Trustor holds good and marketable title of record to the Property in fee simple,Nee and clear of all liens and <br /> encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance <br /> policy,title report,or final title opinion issued in favor of,and accepted by,Lender in connection with this Deed of Trust,and (b)Trustor has the <br /> full right,power,and authority to execute and deliver this Deed of Trust to Lender. <br /> Defense of Title. Subject to the exception in the paragraph above,Trustor warrants and will forever defend the title to the Property against the <br /> lawful claims of all persons. <br /> IXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the "Existing Indebtedness") are a part of this Deed of <br /> Trust. <br /> Eulsting Llen. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior. Trustor expressly covenants and <br /> agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the <br /> instruments evidencing such indebtedness,or any default under any security documents for such indebtedness. <br /> Defauit. If the payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the <br /> note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any <br /> applicable grace period therein, then,at the option of Lender,the Indebtedness secured by this Deed of Trust shall become immediateiy due <br /> and payable,and this Deed of Trust shall be in default. <br /> DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default("Event of Default'�under this Deed of Trust: <br /> Default on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness. <br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or <br /> any other payment necessary to prevent flling of or to effect discharge of any lien. <br /> Complia�ce �efault. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the <br /> Note or in any of the Related Documents. <br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any <br /> collateral documents to create a valid and perfected security interest or lien)at any time and for any reason. <br /> Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br /> assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br /> insolvency laws by or against Trustor. <br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor <br /> dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Lender,at its option, <br /> may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a <br /> manner satisfactory to Lender,and,in doing so,cure the Event of Default. <br /> Insecurity. Lender in good faith deems itself insecure. <br /> Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing <br /> Indebtedness,or commencement of any suit or other action to foreclose any existing lien on the Property. <br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option, <br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: <br /> Acceleratfon upon Default; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby, Lender may <br /> declare all indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without <br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may: <br />