Laserfiche WebLink
04 -27 -2000 200003574 DEED OF TRUST <br />Loan No 767167 (Continued) <br />Page 3 <br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due ail claims for work done on or for <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 and except as otherwise provided in this Deed <br />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 any 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 />EXPENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that <br />would materially affect Lender's interests in the Property, Lender on Trustor's behalf may, but shall not be required to, take any action that Lender <br />deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid <br />by Lender to the date of repayment by Trustor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance <br />of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable <br />insurance policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. <br />This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any <br />remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to <br />bar Lender from any remedy that 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 />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in <br />favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and <br />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 />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 filing of or to effect discharge of any lien. <br />Compliance Default. 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 Collateral lzation. 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 />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 />Acceleration 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 />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without <br />regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name <br />of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part <br />of the Property or interest in the Property; increase the income from the Property or protect the security of the Property; and, with or without <br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys' fees, to any indebtedness secured <br />by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection <br />of such rents, issues and profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust <br />or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to <br />exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default, including the <br />right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants <br />