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DEED OF TRUST 200008288 <br />(Continued) Pays 2 <br />Its agents to enter upon the Property to make such inspections and tests, at Trustor's 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 shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability 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 future claims against Lender for indemnity or contribution In the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lander against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suNsr resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's 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 />the satisfaction and reconveyance of the Wen 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 />Weence, Waste. Truster 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 knitlrq the generality 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, day, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property wkhout Lender's prior written <br />consent. As a condition to fhb removal of any Impro,raraft, Lender may require Truster to woke arrangements; satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's RI9M to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tines to <br />attend to Lender's Interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed <br />Of Trust. <br />C m;Mle � W with governmental Governments! ' applicable to the use a promptly comply all laws, ordinances, and regulations, now or hereafter <br />ordinance, or regulation and authorities Property. Trustor may contest In good faith any such law, <br />Lender in willing compliance during any proceeding, including appropriate appeals, so long as Trustor has notified <br />ng prior to doing so and so long as, in Lender's sote 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 />Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shell do all other acts, in addition to those <br />acts set forth above In this section, which from its character and use of the Property are reasonably necessary to protect and preserve the <br />Property. <br />TAXES AND LIENS. The following provisions relating to the taxes and Wens 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. Toaster shall maintain the Property free of all Wens having priority over or equal to the <br />Interest of Lender under this Deed of Trust, except for the Ilan of taxes and assessments not due, except for the E)*ft Indebtedness <br />referred to below, and except as otherwise provided In this Deed of Trust. <br />Right to Contest. Truetor 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 Properly Is not jeopardized. N a Wen arises or Is Sod as a result of nonpayment, Trustor stets within <br />fiMen (15) days alter the Wen arises or, If a Nan is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />Non, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender M an <br />amount sufficient to discharge the Non plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or <br />sate under the Non. In any contest, Trustor shah defend ibex and Lender and stall satisfy any adverse judgment before enforcer ent against <br />the Property. Trustor shall rams 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 otficlal to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />NoMce of Conskmetien. Trustor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or <br />any materials are suppled to the Property, If any mechanic's Non, materfalmen's Non, or other Nan 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 axtended coverage endorsements on <br />a fair value basis for the full Insurabte value covering all Improvements on the Real Property In an amount sufficient to avoid application of <br />any coinsurance daces, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability Inauranos as <br />Lender may reasonably require. Pollciss shill be written In form, amounts, coverages and basis reasonably acceptable to Lender and Issued <br />by a company or companies reasonably acceptable to Lender. Tnrator, upon request of Lender, will deliver to Lender from tine to time the <br />Policies or certificates of irmrance 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, it available, within 45 days attar notice Is given by Lender that the Property Is <br />bcahed In a special flood hazard area, for the full unpaid principal balance of the loan and any prior Hens 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 mainhin such <br />Insurance for the term of the ban. <br />Applicaton of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss lt <br />Trustor fails to do so within fifteen (15) days of the oasualy. Whether or not Lender's security is Impaired, Lender may, at Lender's election, <br />receive and retain the proceeds of any insurance and apply the proceeds to its reduction of the Indebtedness, payment of any Men affecting <br />the Property, or the restoration and repair of the Property. If Lender etects to apply the proceeds to restoration and repair, Tru slor 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 Oft Deed of Trust, then to pay accrued <br />Interest, and the remainder, If any, shall be applied to the principal balance of it* 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 />tbrexp od Insurance at Safe. 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 />Propedy. <br />Compliance with Mds*q IrrdeMedness. During the period in which any Existing Indebtedness described below Is In effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />Insurance provisions under this Deed of Taut, to its extent compliance with the lrms 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 />prooseds shall apply only to that portion of the prooseds 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, Nens, security interests, encumbrances, and other claims, <br />(B) 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 maienially affect <br />Lender's Interests In the 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. AN expenses Incurred or paid by Lender for such purposes will ten bear Interest at the rate charged <br />