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2� 1 ��5571
<br /> aEEv o F TRu�T
<br /> �Cantinued} Pa9e 2
<br /> including the abligation#o indemnify and defend,shall survi�e the payment�f the lndebtedness and the satisfactivn
<br /> and recon�eyance of the lien❑f this Deed�f Trust and shall nat k�e affec#ed by L�nder's acquisitian of any intersst
<br /> in the Property, whether by fvreclosure or otherwise.
<br /> Nuisancs. 1Naste. Trustvr shall nvt cause, condu�t or permit any nuisance nor commit, permit, or suf�er any
<br /> stripping o# vr waste vn ar t❑ the Property or any pvrtion vf the Property. Without limiting t�e general+ty of the
<br /> foregoing, Trustor will not rema�e� v�grant t❑ any other party the right ta remo�e. any timber, minerais tincluding
<br /> flil and gasf, coal, c�ay, scvria, saii,gra�el vr rvck products without Lender's prior written cvnsent.
<br /> Remo�al vf Impro�ements. Trustvr shall nvt demolish or rema�e any Impro�em�nts fram the Real Prope�ty without
<br /> Lender's prior written cansent. As a�vnditivn to the removal vf any Impro�em�nts� Lender may require Trustar to
<br /> make arrangements satisfactory to Lender to replace such �mpro�ements with Impro�ements af at least equal
<br /> �alue.
<br /> Lender's Rtght to Enter. Lender and Lender's agents and repres�ntati�es may enter upan the Real Property at alf
<br /> reasonahie timss to attend to Lender's interests and t❑ inspect the Rea! Prap�rty #o� purposes of Trustor's
<br /> compliance with the terms and conditions o#this Deed of Trust.
<br /> �ompliance with Governmental Requirements. Trustor shall prvmptly camply with all laws, ❑rdtnan�es, and
<br /> regulations, now or hereafter in effect, of all go�ernm�ntal authoriti�s applicable to the uss ❑r occupancy of the
<br /> Property, including w�thout 1im+tation, th� Am�ricans With Disab�lities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and w�thhold compliance during any proceeding, inciuding appropriate appeals,
<br /> sa Iong as Trustor has notified Lender in writing prior to doing sv and so lang as, in Lender's sole apinivn, Lender's
<br /> interests in the Prvperty are not jeopardized. Lender may require Trustvr tv post adequate security or a surety
<br /> bond, reasvnably satisfiactory to Lender,ta prvtect Lender's intsrest.
<br /> Duty to Prvtect. Trustor agrees neither to abandon ar lea�e unatt�nded the Praperty. Trust�r shall d❑ all other
<br /> acts, in additivn to those acts set forth abv�e in this section, which frvm th�character and use vf the Property are
<br /> r�asonably necessary to protect and preser�e the Property.
<br /> TA�ES AND LIEIVS. The fvllowing prv�isions relating to ths taxes and liens on the Property are part vf this Deed of
<br /> Trust:
<br /> Payment. Trustar shall pay when due �and in all e�ents prior tv delinquencyf all taxes, spe�ial taxes, asssssments,
<br /> chargss {including water and sewery, fines and irnpositions le�ied against or ❑n acc�unt of the Property, and sha11
<br /> pay when due all claims for work done vn or f�r ser�i�es rendered or material furnish�d to the Property. Trustor
<br /> shall maintain the Property free v�a�1 liens ha�ing privrity v�er v�equal to the intersst o#Lender under this Deed of
<br /> Trus�, except for the lien of taxes and assessments not due, exc�pt far the Existing Inde�tedness referred tv
<br /> belaw, and except as otherwise pra�ided in this Deed of Trust.
<br /> Right�to Cvr�test. Trusto�may withhold payment�f any tax, assessment, or claim in cvnnection with a good faith
<br /> dispute o�er�he obligation to pay, so Iong as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result ❑fi nonpayment, Trustor shall within fifteen �15) days after the lien ar�ses ar, if a lien is filed.
<br /> within fifteen �15� days afte� Trustor has notice of the filing, secure the discharge af the lien, or if requested by
<br /> Lend�r, deposit with Lender cash vr a sufficient corporate surety bond or other security satisfactory to Lends�in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or vther charges that�ould accrue as a
<br /> resuit o�a foreclasure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shal�5atis#y
<br /> any ad�erse judgrnent hefars snfvr�ement against the Property. Trus#or shall name Lender as an add+tianal vbligee
<br /> under any surety bvnd furnished in the contest proceedings.
<br /> E�idence of Payment, Trustar shall upvn dernand furnish ta Lender sat�sfactory e�idence af payment vf the taxes
<br /> or ass�ssrnen#s and shall autharize the appropriate gv�ernmental offi�ia� t❑deli�e�to Lender at any tirne a wri#ten
<br /> statement of the taxes and assessm�nts against the Prvperty.
<br /> Noti�e of Construction. Trustor shall notify Lender at least fifteen �15y days befvre any work is cornrnenced, any
<br /> ser�ices are furnished, or any materia�s are supplied to the Prvperty, if any mechanic's lien, mat�rialmen`s fien, or
<br /> other lien could k�e asserted on account of the wvrk, ser�ices, or materials. Trustor wi#i upvn request vf Lender
<br /> furnish ta Lender ad�ance assurances satis€acto�y to Lender that Trustor �an and will pay the cost of such
<br /> impro�ements.
<br /> PF��PERTY�AMAGE fNSURANCE. The follawing pro�isians relating to �nsuring the Praper�y are a part of this Deed of
<br /> Trust.
<br /> Maintenance vf Insuran�e. Trustor shall prvcure and maintain polici�s vf fire insurance with standa�d extended
<br /> co�erage endors�ments on a fair �aiue basis fvr the full insurable �alue ca�ering all Impro�emsnts vn the Real
<br /> Praperty in an amount suf�ic�ent to a�oid applicat�on of any coinsurance clause, and with a standard mvrtgagee
<br /> clause in fa�or of Lender. Trustor shall a�so pracure and ma+ntain cvrnpr�hensi�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 /> liability insuran�e palicies. Additionally, Trustvr shalt maintain such other insurance, including but not iimited to
<br /> hazard, bus+ness interruptian, and b�iler insurance, as Lender may reasonably require. Palicies shall be written in ;
<br /> form, amaunts, co�erages and basis reasonably acceptahle ta Lender and issued by a company o� companies
<br /> reasonably acc�ptahle to Lend�r. Trustor, upan requ�st of Lender, will deli�e� t❑ Lender fram t�me to time the
<br /> policies or c�rtificates of insurance in form satisfactory tv L�nder, including stipulativns that ca�erages will not be
<br /> cancell�d or diminished withaut at�east thirty �3a� days prior wrfitten nati�e to Lender. Each insurance policy als�
<br /> shall include an endvrsem�nt pro�iding that ca�erage in#a�or o�Lender w�1�not be impaired in any way by any act,
<br /> omissian or default vf Trustor or any v#her person. 5hauld the Real Praperty �e Iocated in an area designated by
<br /> the Administrator vf the Federal Emergency Management Agency as a special flvod hazard area, Trus�or agrees to
<br /> vbtain and maintain Federal Flood Insurance. if a�aila�i�, for the �ull unpaid principal balance ❑f the loan and any ;
<br /> pr�o� liens on the property securing the Ioan, up to the maximum policy lirnits set under the Nativnal Fiood
<br /> lnsurance Prngrarn,or as otherwise required by Lender, and to rnaintain su�h insurance fvr the term of the 1van.
<br /> Application of Proc�eds. Trustor shatl prornptly nflti#y Lender of any loss or darnage to the Property. Lender may
<br /> rnake proof ❑f lvss if Trustor faifs to do so within fift�en t15� days of the casua�ty. Whether or not Lender's
<br /> security is impaired, Lender may, at Lende�-'s eiection, recei�e and reta':n the proceeds of any insurance and apply
<br /> the pr�ceeds to #he reducti�n of the �ndehtedness, payment vf any ��en affecting the Praperty, or the restoration
<br /> and repair of th� Prvperty. �f Lender elects to apply the proc�eds to restoration and r�pair, Trustor sha�l repair or
<br /> replace the damaged or destroyed lmpro�ernents in a manner sa�isfact�ry to Lender. Lender shall, upon
<br /> satisfactary prvof of such �xpenditure, pay vr reimburse Trustor frvm the p�aceeds for the reasonahle cost of
<br /> repair or restorativn if Trustor is nvt in ds#au�t under this Deed of Trust. Any proceeds whi�h ha�e not been
<br /> disburs�d wi�hin 18� days after their receipt and which Lender has not �ommitted to the repair ar res#oration of
<br /> the Prvperty shall k�e used first to pay any amaunt awing to Lender under this ❑eed of Trust, then tv pay ac�rued
<br /> interest, and th� remainder, if any, shall be applied tv the principal balance ❑f the Indebtedness. �f Lender hvlds
<br /> any prviceeds after payment in full ❑f the Indebt�dness, such proceeds shall be paid to Trustar as Trustor's
<br /> interests may appear.
<br /> Compliance w+th Existing Indebtedness. During the p�riod in which any Existing Indebtedness described belvw is
<br /> in effect, complian�e with the insuranGe pro�isions contained in the instrument e�idencing such Existing
<br /> Indehtedness shall cvnstitute compliance with the insurance provisivns under this ❑eed of Trust� tv the extent
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