Laserfiche WebLink
DEED OF TRUST <br />(Continued) Page 2 <br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizss Lender and <br />Its agents , to enter upon the Property to make such inspections and tests, at Trustoes expense, as Lender may doom appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shelf be for Lender's <br />purposes only and shelf not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The <br />C, <br />representations and warranties contained herein are based on Trustoes due diligence in investigating the Property for Hazardous <br />C <br />Substances. Trustor hereby (1) releases and waives any future claim against Lender for indemnity or contribution in the event Trustor <br />G <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and ail <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a broach <br />O <br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustoes ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and <br />G% <br />the satisfaction and reconveyance of the Men of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest in the <br />Property, whether by foreclosure or otherwise. <br />h� <br />Nuisance, Wade. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any shipping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generally of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including off and gas), coal, day, scoria, soli, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Irnprovennents from the Heal Property without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustoes compliance with the terms and conditions of this Deed <br />of Trust. <br />Compliance wNh OsvanwnsMal Requirements. Trustor shall promptly comply with all laws, ordinances. and regulations, now or hereafter <br />In effeot, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest M good faith any such law, <br />ordinance, or regulation and withhold compliance during any proceeding. kududkg appropriate appeals, so brg as Trustor has notified <br />Lender in writing prior to doing so and so kxg as, In Lender's sole opinion. Lender's interests In the Property are not jeopardized. Lender <br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />D* to Protect. Trustor agrees neither to abandon nor (save unattended the Property. Trustor shall do all other acts, in addition to those <br />ash set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the <br />Property. <br />TAXES AND LIENS. The fallowing provisions relating to the taxes and Mors on the Property are part of this Deed of Trust: <br />Payment. Trustor shelf pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (Including water <br />and sewer), Ares and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Property. Trustor shelf 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 Men of taxes and assessments not due, except for the Existing Indebtedness <br />referred to below, and except as otherwise provided in this Deed of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation <br />to pay, so long as Lender's Interest in the Property is not jeopardized. If alien arises or Is tiled as a result of nonpayment, Trustor shall within <br />fifteen (15) days after its lien arises or, lt alien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />Men, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or <br />sale under the lien. In any contest,- Tvistor shall defend,batf and Landerand sh all- sabsty any adverse judgment before enforcement against <br />the Property. Trustor shall name Lender as an additional obligee .under any surety bond. furnished In the contest proceedings. <br />Evidence of PaywAnt. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least ffMeen (15) days before any work is commenced, any services are furnished, or <br />any materials are supplied to the Property, if any mechanic's Non, materialnwn's Mon, or other Men could be asserted on account of the work, <br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and <br />will pay the cost of such Improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Dead of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of Are Insurance with standard extended coverage endorsements on <br />a lair value basis for the full Insurable value covering all ImprovemNMs on the Real Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgages clause in favor of Lender, together with such other hazard and liability Insurance as <br />Lender may reasonably require. Policies shall be written in limn, amounts, coverages and basis reasonably acceptable to Lender and issued <br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished <br />without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that <br />coverage In favor of Lender will not be Impaired In any way by any act, omission or default of Trustor or any other person. Should the Real <br />Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, <br />Trustor agrees to obtain and maintain Federal Flood Insurance, N available, within 45 days after notice is given by Lender that the Property is <br />located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior Mere on the property securing the loan, <br />up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any low or damage to the Property. lender may make proof of loss tl <br />Trustor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lander's election, <br />mosive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting <br />the Property, or the restoration and repair of the Property. 0 Lender elects to apply the proceeds to restoration and repair, Trudor shall <br />repair or replace the damaged or 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 ti Trustor Is not in default under this <br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />Interest, and the remainder, tl any, shelf be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment <br />in fusty of the Indebtedness, such proceeds stall be paid to Trustor as Trustoes Interests may appear. <br />Unexpired Insurance sul Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by <br />this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such <br />Property, <br />with the insurance provisiors�in the instrument In which such Existing Indebtedness shall constitute In eflact, compliance the <br />Insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of <br />insurance requirement: If any proceeds from the insurance become payable on loss, the provisions In this Deed of Trust for division of <br />proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor falls (A) to keep the Property free of all taxes, (lens, security Interests, encumbrances, and other claims, <br />Indebteddnness In ngoodr�sta ding as required below, Property, Lend my do so. f an the actionorprooceedi commenced <br />that would ma�terially�affectct <br />Lender's Interests in the Property, then Lender on Trustor's behalf nay, but Is not required to, take any action that Lender believes to be <br />