201704548
<br />DEED OF TRUST
<br />Loan No: 81010925 (Continued) Page 3
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a replacement basis for the full -insurable value covering all Improvements an the Real
<br />Property In an arnourit suffi6ent to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general lliaVilfty insurance in such
<br />coverage arnounls as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall maintain such other -insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a cornpany or companies
<br />reasonably acceptable to Lender. Trustor, upc)n request of Lender, will dellver To Lender frorn t1me to time the
<br />policies or certificates of insuTance in form satisfactory to Lender, including stipulations that coverages will not be
<br />canc�elllled or diminished without at least ten (10) days prior written notice to LendeT. Each insurance policy also
<br />shall include ari endorsement prcwiding that coverage in favor of LendeT will not be impaired in any way by any act,
<br />omission or def-ault of Trustor or any other person. Should the Real Property be lacated in an area designated by
<br />the Administrator of the Federal Emergency Management Agency as a speolall flood hazard area, Trustor agrees to
<br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any
<br />prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood
<br />Insurance Program, or as otherwise required by Lender, and to maintairi such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Propeirty. Lender may
<br />make proof of loss if TruStOT 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. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or
<br />replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the prOGeeds for the reasonable cost of
<br />repair or restoration it Trustar is not in default under this Deed of Trust. Any proceeds which have not been
<br />disbursed within 180 days after their reGeipt and which Lender has not committed to the repair or restoration of
<br />the PTOperty shall be used first to pay any annount owing to Lender under this Deed of Trust, thion to pay accrued
<br />interest, and the remainder, if any, shall be applied to the principal balanGe of the Indebtedness. If Lender holds
<br />T
<br />any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustar as Trustor S
<br />interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish
<br />to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks
<br />Ensured; (3) the amount of the policy; (4) the property insured, the then currerit replacement value of such
<br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upori
<br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost
<br />of the Property.
<br />LENDER'S EXPENDITURES. If any act1ion or proceeding is cornmenced that would materially affect Lender's interest in
<br />ihe Property or if Trustor falls to comply with any provision of thrs Deed of Trust or any Related Documents, including
<br />but not limited to Trustors failure to discharge or pay when due any amounts Trustor is requIred to discharge or pay
<br />undeT -Lhis Deed of Trust or any Related Docurnents, Lender on Trustor's behalf may ftt shall not be obligated to) take
<br />any action that Lender deems appropriate, including but not limrted to discharginp or paying all taxes, liens, security
<br />interests, encumbrances and other clairns, at any time levied or placed on the Property and paying 811 GOStS f0T insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
<br />bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
<br />Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
<br />demand; (B) be added to the balance of the Note and be apportioned among and be payable wIth any installment
<br />payments to become due during either (1) the term of ;anV applicable insurance policy; or (2) the rernaining term of
<br />the Note; or (C) be treated as a balloon payment which will be due and payable at the Nate:rs maturity. The Deed of
<br />Trust also will secure payment of these amoiints. Such right shall be in addItIon to all other rights and remedies to
<br />which Lender may be enfitled upon Default.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of th-is Deed
<br />of Trust:
<br />Title. Trustor warrants 1hat: (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 any
<br />title insurance policy, title report, or final frtle opinion issued in favor of, and accepted by, Lender in connection
<br />with this Deed of Trust, and N Trustor has the full right, power, and authc).rity to execute and deliver this Deed of
<br />Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever deferid the
<br />fitle to the Property against the lawful claims of all persons. In the event any action or prGoeeding is commenced
<br />that questions Trustor's title or the inteTeSt of Trustee or Lender under this Deed of Trust, Trustor shall defend the
<br />action at TrUStOT's expense. Trustor may be the nominal party in such proceeding, but Lender shall he entitled to
<br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choic�e, and
<br />Trustor w-111 deliver, or GaUSe to be delivered, to Lorider such instruments as Lender may request frc)m time to time
<br />to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and TrUStOT'S USe Of the Property complies w -11h all
<br />existing applicab[e laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in
<br />I
<br />this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and
<br />shall remain in full force and effect until such time as Borrowers [ndebtedness shall be paid in full.
<br />CONDEMNATION. The fc)[lowing provisions re[ating to condemnallon proceedings are a part of this Deed of Trust:
<br />Proceedings. [f any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and
<br />Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. TrustoT
<br />may be the nominal party in sijch proceeding, but Lender shall be entitled to parUclpate in the proceeding and to be
<br />represented in the proceeding by counsel of its own choice, and Trustor will deliver c)r cause to be deliveTed to
<br />Lender such instruments and documentation as may be requested by Lender from time to tirne to permit such
<br />Participation.
<br />Application of Net Proceeds, If all or any part of the Property is coridemned by eminent domain proceedings or by
<br />any proceeding or purchase in lieu of condemnation, Lender may at its election requ-Ire that all or any portic)n of the
<br />net proceeds of the avvard be. applied to the Indebtedness or the repair or restoration of the Property. The net
<br />proceeds of the award -shall mean the award after payment of all reasonable costs, expenses, and attorneys" fees
<br />incurred by Trustee or Lender in Gonnection vvith the condemnation.
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