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Z�15�53�5 <br /> vEEv �F -r�usT <br /> ���ntir�ued� Page 3 <br /> form, amounts, co�erages and basis reasonabfy acceptab�e tv Lender and issued by a company or cvmpanies <br /> r�asanably ac�eptable to Lender. Trustor, upon reques# vf Lender. wilf deli�er to Lend�r f�om time t� time the <br /> p�licies or �erti�ricates v�insurance in form satisfactory to Lender, �n�luding stipulatians that ca�erages will no�he <br /> �ancelled or diminished without at 1eas��hirty �30� days priar vvr�t�en n�tice to Lender. Each insurance paficy also <br /> shall�nclude an end�rs�men#pra�iding that co�erage in#avor of Lender will not be impaired in any way by any act, <br /> �mission or default of Trustor ar any other person. Should #he Reaf Pr�perty be located in an area designated by <br /> the Administrat�r of the Federal Em�rgency Management Agency as a special flood ha�ard ar�a, Trustar agrees�o <br /> ❑btain and maintain Fed�raf Flood lnsurance, if availabl�, for the ful{ unpaid principal balan�� of th� loan and any <br /> pri�r liens an �the praperty securing the �oan, up �o fih� max�mum p�licy limits set under the National Flaod <br /> lnsurance Program, vr as oth�rwis�required hy Lender, and to maintain such insuranc�fvr the t�rm of the loan. <br /> Applicatinn o� Praceeds. Trustor sha!! prvmptly noti#y Lender vf any lvss or damage t❑ the Praperty. Lender may <br /> mak� praaf ❑f I�55 if Trustvr �ai1s to da so within fifteen ��5} days of the casualty. Whether ar not Lend�r's <br /> secur�ty is impaEred, Lender may, at Lender's electi�n, r��e��� and re�ain the proceeds❑f any insurance and app�y <br /> �he prviceeds to the reduction of the lndebtedness, payment af any �ien a���cting the Praperty, or the restoration <br /> and repa+r of�he Property, �f Lender ele�ts to apply the proceeds�a restorativn and repair, Trustvr shall repair ar <br /> replace the damaged or destrayed lmpra�ements in a manner satisfactvey to Lender. Lender shall, up�n <br /> satisfactory proof of such expenditure, pay vr reimburse Trustar frvm the proceeds �vr the reasonahle cost �f <br /> repair ar res�aration i# Trustar is nvt in default under this Deed o� Trust. Any proceeds whi�h ha�e nvt been <br /> C�fSbUl'S�C� within 1 S� days af�er their receipt and which Lender has nat cvmmifited �o the repair or r�staration of <br /> the Praperfiy sha11 be used first ta pay any amaun�owing to Lender under�his �eed of Trust, th�n to pay ac�rued <br /> interest, and the remainder, if any, shall be appl�ed t� the principai balanGe of�he lndebtedness� l# Lender halds <br /> any proceeds af�er paymen� in full of the lndehtedness, such praceeds shal[ he paid to Trustar as Trustar's <br /> interests rnay appear. <br /> Trustor's Repvrt an Insurance. Upon request�f Lender. however not mvr�than once a yea�, Trustvr sha!! furnish <br /> ta Lend�r a repart on �ach existing p�iicy o� insuran�e shQwing: {'�� the name of the insurer; �2} #h� risks <br /> insured; �3� �h� amvunt of the poli�y; �4y the property insured, �he then �urrent replac�ment value o� such <br /> pr�perty, and the manner a#determin�ng that value; and {5} the�xpiration date❑f the palicy. Trustar shall� upon <br /> request of Lender, have an independent appraiser satis'Fa�tQry to Lender deterrnine the cash�alue replacement cost <br /> vf�he Prop�rty. <br /> T�4�C ANQ INSURAN�E RESE�VES. Subject ta any fimi�ations and �ansistent with any requirements set by appli�able <br /> law, Lender may require Trust�r to maintain with Lender reser�es for payrnent of annual taxes, assessments, and <br /> insurance prerniurns, which reser�es shall be cr�a#ed hy an initia� deposit and suhsequent rnvnthly payments, or <br /> payments a�such other interva�as payments unde�the 1Vate may be due, o�a surn estimated by Lender ta be sufficient <br /> ta pay the tvtal annual taxes, assessments, and �nsurance pr�miums Lender reasonably anticipates to be paid fram <br /> these reser�es. The reser�e funds shall be held by Lender as a general deposit fram Trustor, which Lender may satisfiy <br /> by payment vf the taxes, assessments, and �nsuran�e premiums required ta be paid by Trustor as they becom� due, <br /> Lender shall have the right to draw upon the reser�e funds �o pay su�h items, and Lender shall nat be requir�d ta <br /> determine the valid�ty or accura�y of any item b�fore paying it. Nothing in the Deed of Trust shall be construed as <br /> requiring Lender to ad�ance other manies#or such purpos�s, and Lend�r sha!! no�incur any fiabifity'�ar anything it may <br /> dv vr ❑mit t� do with respect tv �the reser�e a�G�unt. Subject ta any limita�ions s�t by applicable law, if the reserWe <br /> #unds disclase a shartage or de�icienGy, Trusfior shall pay such shortage or deficiency as required by Lend�r. All <br /> amounts in the reser�e ac�ount are hereby pledged to further se�ure the Indebtedness, and Lender is hereby authori�ed <br /> to wEthdraw and apply such amounts vn�he Endebtedness upon the accurrence of an E��nt o#Ds�ault. Lend�r shafl not <br /> be required tv pay any inte�est or earnings on the r�ser�� funds unless required by law ar agreed to by Lender in <br /> writing. Lend�r does not hald the reser�e funds in trust for Trustor, and Lender is not Trus��r's agent�or paym�nt v# <br /> the�axes and assessments requir�d to be paid�y Trus�or. <br /> LEN�ER'S EKPENDITURES. lf any actian ar praceeding is commenced tha�would materially affe�t Lender's interest in <br /> the Property or if Trustor fails to camply with any pro�ision o�this Deed o�Trust or any Related Documents, includ�ng <br /> but nofi limited to Trustor's failure t❑ discharge or pay when due any amounts Trustar is required t� discharge ar pay <br /> under this Deed af Trust o�-any Related Dvcuments, Lender on Trustvr's behal#may �but sha�! not be obfiga�ed fio} take <br /> any activn that Lender deems appropriate, in�luding but not fimited ta dis�harging �r paying all taxes, liens, securi�y <br /> in�erests,encum�rances and other cla�ms, at any time le�ied or placed on the Property and paying ail cvsts for insuring, <br /> maintaining and preser�ing the Property. All such expenditures in�urred vr paid by Lender fvr such purpvses will then <br /> bear in�erest at the rate charged under the Nate from the date incurred or paid by Lender to th� dat� ��repayment by <br /> Trustvr. A�! such expenses will �ecome a part �f th� Indebtedness and, at Lender's opti�n, will [A} he payabl� vn <br /> d�mand; �B} �� added to th� balance vf the Note and he apportion�d am�ng and be payable w�th any installment <br /> payments tv becorn� due during either �'i� the term ofi any applicable insurance pvlicy; vr {�� the remaining term af <br /> the No�e; �r {Cf be tr�ated as a ba!loan payment which will be due and payable at the Nat�'s maturity. The D�ed of <br /> Trus� a[sa will secure paymen� ❑f these amounts. 5uch right shaff be in additiQn t4 all other rights and remediss t� <br /> which Lender may be entitled upan flefault, <br /> WARRANTY: ❑EFENSE QF T�TLE. The fallowing pra�isions relating to ownership ofi the Prape�ty are a part Qf this De�d <br /> vf Trust: <br /> Ti'tle. Trus#vr warrants that: �a} Trustor holds good and marketable titie of r�cord tfl the Prvp�rty in fiee simpfe, <br /> free and clear ot all liens and encumbrances ❑fiher than �hvse set forth in the Real Praperty descrip�ian vr in any <br /> �it[� insuran�e policy, title repart, ❑r �inal title opinion issued in �aWor of, and accepted by, Lend�r in canne�tion <br /> with th�s Deed afi Trust, and �b�Trustor has�h�fuff right. power, and authori�y to execute and deli�e�this Deed o� <br /> Trust to Lender. <br /> Defense a�Title. Sub�ect �o �he exception in the paragraph alaa�e, Trustor warrants and wil{ fore�er d�fend the <br /> title ta the Property against the lawful claims of a!! persons. In the�vent any action ar praceeding is commenced <br /> tha�questians Trusto�'s t�tle or the interest of Trustee flr Lend�r under this Deed of Trust, Trus�or shall defend the <br /> action at Trustor's expense. Trustor may be�he nominal party in su�h praceeding, hut Lender shall be entitled ta <br /> participate in the proceeding and �o be represen�ed �n the proceeding by caunsel vf Lender`s awn �hoic�, and <br /> Trustor will deli�er, or �ause tv be deli�ered, to Lender such ins�ruments a� Lender may request from time tv time <br /> ta permit such participation. <br /> Carnpliance Wi�h Laws. Trust�r war�ants tha� the Property and Trustar's use af the Property complies with all <br /> ex�sting appli�able laws, ordinances, and regulations af go�ernmenta�autharities. <br /> Sur�i�al of Representations and War�an�ties. All representativns, warran�ies, and agreem�nts made by Trus�or in <br /> this Deed a�f Trust shail sur�i��th�ex�cution and delivery of this ❑��d o�Trust, shall be �ontinuing in nature, and <br /> shall remain in full force and effe�t until such time as Trustar's lndebtedness shaf!be paid in�ull. <br /> C�N�EIVINATfDN. The falfowing pra�isions relating to cond�mnation praceedings are a par�o#�his Deed o#Trust: <br /> Proceedings. If any proceeding in c�ndemnai�ian is filed, Trustor shall pramptly nvtE�y Lender in writing, and <br /> Trustvr sha[l promptly take such steps as may be necessary t� defend �he a�t�on and abtain the award. Trustor <br /> may be the naminaf party in such pro�eeding, bu�Lender sha11 be entitled to participate in the praceeding and fiv b� <br /> represented in the proceeding by �ounse! af its own choice, and Trustor wil[ deli�er �r cause ta be deli�ered ta <br /> L�nder such instrumen�s and documen�ation as may be requested by Lender from t�me t❑ �fiime to perrnit sueh <br /> k' <br /> ♦ <br />