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201704329 <br />DEED OF TRUST Page 3 <br />Loan No: 7672121012 (Continued) <br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. <br />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 <br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that <br />coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired <br />in any way by any act, omission or default of Trustor or any other person. If the dwelling and insurable <br />Improvements located on the Real Property is or becomes located in an area designated by the Federal Emergency <br />Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Flood Insurance in an <br />amount equal to the lesser of: (1) the total line of credit under the Credit Agreement with Lender, plus the <br />outstanding principal balance of senior loans or lines of credit secured by the Real Property; (2) the maximum <br />amount of Flood Insurance coverage available through the National Flood Insurance Program; and (3) the full <br />insurable value (100% of replacement cost value) of the dwelling and insurable Improvements; or as otherwise <br />required by law or Lender. If the dwelling is a condominium unit, the condominium association must have a master <br />Flood Insurance policy on the entire building which provides coverage on Trustor's unit in at least this amount. If <br />Trustor or the condominium association chooses to purchase Flood Insurance that covers less than 100% of the <br />replacement cost value of the dwelling and insurable Improvements because Lender does not require that much <br />coverage, Trustor acknowledges that he or she may not have enough insurance to repair the dwelling in the event <br />of a flood. The policies and /or endorsements must name Lender, its successors, and assigns, as mortgagee and /or <br />as an additional loss payee. Trustor agrees to maintain such insurance for the term of the loan. The insurance <br />requirements may change during the term of this Deed of Trust. <br />If Trustor fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender's option and Trustor's expense. This insurance Lender purchases will take effect as of the date that <br />Trustor's insurance was cancelled, expired or no longer in effect for any reason. Except for Flood Insurance, Lender <br />is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover <br />Lender, but might or might not protect Trustor, Trustor's equity in the Property, or the contents of the Property, <br />against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. <br />Trustor acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of <br />insurance that Trustor could have obtained. Any amounts disbursed by Lender under this section are covered by <br />the "Lender's Expenditures" section of this Deed of Trust (see below) and shall be additional debt of Trustor <br />secured by this Deed of Trust. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration <br />and repair of the Property. Lender is not required to pay interest on any insurance proceeds that it retains. If <br />Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or <br />destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor <br />is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after <br />their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to <br />pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, <br />shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of <br />the Indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear. If any proceeds are <br />used to reduce the amount of principal which is owed to Lender under the Credit Agreement, that use will not <br />delay the due date or change the amount of any of the monthly payments under the Credit Agreement. However, I <br />and Lender may agree in writing to those delays or changes. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is <br />in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing <br />Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent <br />compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any <br />proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds <br />shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, <br />encumbrances, and other claims (B) to provide any required insurance on the Property, or (C) to make repairs to the <br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then <br />Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be <br />payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable <br />with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the <br />remaining term of the Credit Agreement; or (C) be treated as a balloon payment which wit be due and payable at the <br />Credit Agreement's maturity. The Property also will secure payment of these amounts. The rights provided for in this <br />paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any <br />default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy <br />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 <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor <br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />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 <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced <br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the <br />action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all <br />