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DEED OF TRUST <br />(continued) 200007938 Page 2 <br />Its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to <br />determine compliance of the Property with,this section of the Deed of Trust. Any inspections or tests made by Lender shall be for tenders <br />purposes only and shall not be construed to create any responafbiMty or Aabiliy on the part of Lender to Trustor or to any other person. The <br />representations and warranties contained. herein are based on Trustor's due diligence In Investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any lulus claims against Lander for Indemnity or contribution ibution in the aunt Truslor <br />becomes liable for'eanup.or,otiwr cask under any such laws: and (2) agrees to Indemnify and hold harmless Lander against any and all <br />dakns. losses, NabMMiea, doouages, penalties, and aspenose which Lander may 0"lly or kK*uily sueWn or suSar resenting from a breach <br />of this section of fin dead of Trtmst or as a oonsw*w s N any taae, i!Mr !!,, a&vAidwa, ateaele, dip" redoes i or tureataned <br />release ocoaaft prior Is Tn*w% awnnehip or 2 Isi sat In 1he'Propenly. whether or not to tine was or shouid haws been knlowo to Truasbr. <br />The WwAsion a of this notion of ft Deed of Trust, krdfWft the obit w to kudennnify, shah surAn to payment of to Indsbledrwss and <br />to sdista'ion and noonwsimm of the Men of ills Deed of Trust and shah not be affected by Lender's acquisition of any I Is set In to <br />Property, whether by forodosum or otherwise. <br />NuMence, Weds. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any skipping 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 oil and gas), coal, clay, scoria, soli, gravel or rock products without Lenders prior <br />written consent. <br />Removal of improvements. Trustor shall not demolish or remove any Improvements from_the.Real Pr - <br />amealL As w�ewwMlMkM tr..ri�oarat of any Jw*rVAWA0V416 Lan der ney.nauln Titrsts► .le arcs sobb olory to <br />replace such Improwo i► ail►iowroew ils of at least eapW vAm <br />Lender's Rl@M le Enter. Lender and Lender's agents and reprosentelivas may enter upon the Real Properly at all reasonable times to <br />attend to Lenders interests and to Inspect the Real Property for purposes of Trudoes compliance with the terms and oondiftno of this Deed <br />of Trust. <br />Corupilance with Governowntal Requi eewnNa. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />In effect, of all governmental authorities applicable to it* 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, Including appropriate appeals, so long as Trustor has notified <br />Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lenders interests In the Property are not jeopardized. Lender <br />may require Truster to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders Interest. <br />Duty lo Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts. In addition to those <br />acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the <br />Prey. <br />TAXES AND LIENS. The following provisions raising to the taxes and None on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br />and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work dorm on or for <br />services rendered or material furnished to the Property. Trustor shall maintain the Property frea of all Nana having priority over or equal to the <br />Interest of Lender under this Deed of Trust, except for the Non 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 nay withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation <br />to pay, so long as Lenders Interest In the Property is not jeopardized. If a Non arises or Is filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the Men arises or, If a Non is Ned, within Moen (15) days after Trustor has notice of the filing, some the discharge of the <br />Non, or if requested by Lender. deposit with Lender cash or a sullident corporate surety bond or other security satlefeotony to Lender In an <br />sormid aaalklent 4w isstow the Ilan plat ow oosis and ants ' Isms. or other charges that could accrue as a re" of a fen'osure or <br />ails under 1*41m lawV on 1 1, Tmdor shell defsod:ll�etf and s� and 00 satlsy any adwwes )tidgnwrd 1h In a a w agdrst <br />the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. 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 fifteen (15) days before any work is commenced, any services are furnished, or <br />any materials are supplied to the Property, If any mechanic's Men, materialmen's Nan, or other Non 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 Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage ondarsemerft on <br />a fair value basis for the full Insurable value covering all Improvements 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 NabNMy Insurance as <br />Lander may reasonably require. Policies shall be written In form, amounts, coverages and bask reasonably acceptable to !.ender and Issued <br />by a company or companies reasonably acoeptsble to Lender. Trustor, upon request of Lender, will deliver to Lender from tine to lira the <br />policies or oertfNcalse 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 notios to Lender. Each insurance policy also shall Include an endorseneM providing that <br />coverage in favor of Lender will not be Impaired in any way by any act, onYsslon 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, If 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 liens 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 loss or damage to the Property. Lender may make proof of ices If <br />Trustor falls to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lander may, at Lender's election, <br />reoelve and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Non affecting <br />the Property, or the federation and repair of the Property. 0 Lender ale's to appy the proceeds to restoration and repair, Truebr 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 if 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, lien to pay accrued <br />Interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment <br />in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's Interests may appear. <br />Unexpired Insurance at 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 sate or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such <br />Property. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below Is in effect, compliance <br />with the Insurance provisions contained M the Instrument evidencing such Existing Indebtedness shall constitute compliance with 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 taus (A) to keep the Property free of all taxes, Nees, security Interests, encumbrances, and other claims, <br />(8) to provide any required Insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing <br />Indebtedness In good standing as required below, then Lender may do so. If any action or proceeding Is commenced that would materially affect <br />Lenders Interests in the Property, than Lender on Trustor's behaM may, bid Is not required to, take any action that Lender believes to be <br />appropriate to protect Lenders Interests. AN expenses incurred or paid by Lender for such purposes will then bear Interest at the rate charged <br />