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2� 1 ��43�3 DEED �F TRUST Loan No: 'I�1293957 ��ontinu�d� Page 3 Paficies shafl be written in form, amaunts, co�erages and basis reasvna�ly acceptak�le ta Lender and issued by a company ❑r campanies reasonabiy ac�eptable to Lender. Trustor, upon request ❑f Lender, will deli�er t❑ Lender fr�m time to time the po�icies or ��r�ifi�ates of insurance in form satisfactory tv Lender, in�luding stipulations that �o�erages will n�t be can�eljed ❑r diminished wi�hout at least ten �1�y days pr�flr written notice to Lender. Each insurance policy alsv shall include an endorsement pro�iding that co�erage in fa�or of Lender wi�i nvt be impaired in any way by any a�t, amissian �r default of Trustor ❑r any other person. 5hould th� Real Praperty be Iacated in an a�ea designated by the Administrator �f the Fed�ra! Emergency Management Agency as a special flood hazard area, Trustor agrees t❑ obtain and maintain Federal Fiood lnsuran��, if a�ailable, far the maximum amount vf Trustor's credit line and the full unpaid prin�ipal balan�e of any pri�r liens an the property securing the 1aan, up ta the maximum poli�y limits set under the Nativnal Flaod Insurance Program, or as ❑therwise required by Lender, and ta maintain such insurance for the term af the lvan. LENDER'S EXPENDITURES. If Trustor fails �Ay to keep the Property free af aj� taxes, liens, se�urity interests, encumbrances, and other ciaims, {gy to pro�ide any required insurance on the Property, or �Cf to make repairs tv the Property then Lender may dv sv. If any acti�n ❑r proGeed3ng is �ommenced that would material�y affect Lender's interests in the Praperty, then Lender an Trustor's behalf may, but is nat requir�d ta, take any action that Lender belie�es to be appropriate tv protect Lender's interests. All expenses incurred vr paid by Lender for such purposes will then bear interest at the rate charged under the Cr�dit Agreement fram the date incurred ❑r paid by Lender ta the date ❑f repayment by Trustor, All such expenses will became a part a� the Indebtedness and, at Lender's vption, will �Ay he payable an demand; �B7 be added t❑ the balance �f the Credit Agreement and be apportianed amang and be payable with any installment paymen�s ta became due during either t�� the term vf any app[�cable insurance pfl�i�y; ❑r �2y the remaining term of the Credit Agreement; or {C7 be treated as a balloon payment wh�ch ►rvill be due and payable at the Credit Agreement's maturity. WARRANTY; DEFENSE�F T1TLE. The foliowing pra�isions relating ta awnership of the Property are a part of this ❑eed of Trust: Title. Trustar warrants that: ta} Trust�r halds gv�d and marketable �itle of recvrd to the Praperty in fee simple, free and clear af all liens and encumbrances other �than those set fvrth in the Real Prvp�rty descriptivn vr in any tEt�e insurance policy, tit�e report, or fina� title opinion issued in favor of, and accepted by, Lender in connectian with this Deed of Trust, and �b� Trustor has the full right, pow�r, and authority to sxecu�� and deii��this Deed of Trus#t� Lend�r. Defens� flf Title. Subject t❑ the exceptian in the paragraph abo�e, Trustor warrants and will fore�er defend the title t❑ the Property against the lawful claims ❑f all p�rsons. EVENTS �F DEFAULT. Trustor will be in default under this Deed af Trust if any af the following happen: �A� Trustor commits fraud or makes a ma�erial misrepresentation at any time in connectian with the Credit Agreement. This can include, for examp�e, a false statement about Trustor's incvme, assets, liabilities, vr any ather aspects of Trustar's financial cvndition. �B} Trustvr does nat meet the repayment terms af the Credit Agreement. �Cy Trustvr's actian ar inactivn ad�ersely affects the collateral or L�nder's rights in the �ollateral. This can include, for example, failure ta maintain required insurance, waste ❑r destructive use o#the dwelling, failure to pay taxes, death of all persvns liable on the acc�unt, transfer af titie or sale ❑f the dwelling, creativn ❑f a senior Eien an th� dwelling without Lender's permiss�an, foreclasur� by the holder of anvther lisn, �r the use a�funds or the dwelling for prahihit�d purposes. R[GHTS AND REME�iES 4N DEFAULT. Upan �he occurrence ❑f any E�ent vf Default under any �ndebtedness, or should Trustor fail to comply with any of Trustor's obligations under this ❑eed of Trust, Truste� or Lender may exercise any one ❑r more af the follow�ng rights and r�medies: Acceieration Upvn De#ault; Additivnai Remedies. if any E�ent ❑f Default occurs as per the terms ❑f the Credit Agreement se�ured hereby, Lender may declare all Indebtedness secured by this Deed of Trust tv be due and payable and the same sha�i thereupan become due and payable withaut any presentment, demand, protest �r natice of any kind. Thereafter, Lender may: {a� Either in person or by agent, with ar without bring�ng any actian ar proceeding, vr by a recei�er appointed hy a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its vwn name vr in the name af Trustee, and do any acts which it deems necessary or desirable ta preser�e the �a�ue, marketability ❑r rentability af the Praperty, ❑r part af the Property ❑r interest in the Proper#y; increase the incame frvm the Property ar pratect the security of the Prvperty; and, with or withaut taking possessi�n of the Property, sue for or atherwise co[Iect the r�nts, issues and profits of the Praperty, including those past due and unpaid, and apply the same, less costs and expens�s �f vperatian and co�lec�ion attorneys' fees, to any indebtedness secured by this ❑eed of Trust, ail in such order as Lender may determine. The entering upvn and taking pass�ssion of the Property, the colle�tion of such rents, issues and profits, and the application thereaf sha�i not cure ar wa��e any default or nvtice of default under this Deed af Trust ❑r in�alidate any act done in response to such default or pursuant to such nvtice of de�ault; and, notwithstanding the cantinuan�e in passession of the Property �r the collection, rec�ipt and application af rents, IS5Ll�5 or profits, Trust�e ❑r Lender shall be entitled to exerc�se e�ery right pro�id�d far in the �r�dit Agre�ment or the Related Dvcuments �r by law upon the occurrence ❑f any e�ent of default, including the right ta exercise the power of sale; tb) Commence an action ta forec��se this Deed ❑f Trust as a mortgage, appvint a recei��r or speci�i�a[!y