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DEED OF TRUST <br />(Continued) Page 3 <br />202101574 <br />Property in an amount sufficient 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 liability insurance in such <br />coverage amounts 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 company or companies <br />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 <br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br />the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, <br />or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may <br />be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" <br />as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider <br />that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes <br />and regulations. <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. 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 proceeds for the reasonable cost of <br />repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of <br />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, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds <br />any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor 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 />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br />TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by applicable <br />law, Lender may require Trustor to maintain with Lender reserves for payment of annual taxes, assessments, and <br />insurance premiums, which reserves shall be created by an initial deposit and subsequent monthly payments, or <br />payments at such other interval as payments under the Note may be due, of a sum estimated by Lender to be sufficient <br />to pay the total annual taxes, assessments, and insurance premiums Lender reasonably anticipates to be paid from <br />these reserves. The reserve funds shall be held by Lender as a general deposit from Trustor, which Lender may satisfy <br />by payment of the taxes, assessments, and insurance premiums required to be paid by Trustor as they become due. <br />Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to <br />determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shall be construed as <br />requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may <br />do or omit to do with respect to the reserve account. Subject to any limitations set by applicable law, if the reserve <br />funds disclose a shortage or deficiency, Trustor shall pay such shortage or deficiency as required by Lender. All <br />amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized <br />to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not <br />be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in <br />writing. Lender does not hold the reserve funds in trust for Trustor, and Lender is not Trustor's agent for payment of <br />the taxes and assessments required to be paid by Trustor. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including <br />but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay <br />under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take <br />any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security <br />interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for 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 any applicable insurance policy; or (2) the remaining term of <br />the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of <br />Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to <br />which Lender may be entitled upon the occurrence of any Event of Default. <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 any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority 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 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 />existing applicable laws, ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in <br />