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202101954 <br />Trustor, jointly and severally, covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. Trustor covenants and agrees to pay all indebtedness, and <br />perform all other obligations secured hereby, when due under the terms of the Note or other Loan <br />Documents. <br />2. Title. Trustor covenants and agrees that Trustor is the owner of the Property, has the <br />right and authority to convey the Property and to grant Lender the lien created hereby, and the execution <br />and delivery of this Deed of Trust does not violate any contract or other obligation to which Trustor or the <br />Property is subject or bound. <br />3. Taxes, Assessments. All taxes, special assessments, and all other charges against the <br />Property now or hereafter levied, shall be paid before delinquent. <br />4. Insurance. Trustor covenants and agrees to keep the Property insured against damage <br />by fire, hazards included within the term "extended coverage", and such other hazards as Lender may <br />require, in amounts and with companies acceptable to Lender. <br />5. Escrow. Trustor shall pay to Lender in monthly installments, when payment of the Note <br />is due, sufficient sums to enable Lender to pay on behalf of Trustor as they become due the following: (i) <br />all taxes, assessments and other charges against the Property; and (ii) premiums on the insurance <br />required to be kept on the Property as provided above (collectively, "Taxes and Insurance"). Prior to the <br />execution of this Deed of Trust, and not less than annually thereafter, and, in any event, upon written <br />request from Lender, Trustor shall provide Lender with written documentation to substantiate the <br />estimated cost of the Taxes and Insurance for the Property for the applicable calendar year. Based on <br />this documentation, Lender shall calculate the estimated monthly installment due for Taxes and Insurance <br />from Trustor. Such estimated monthly payment may be adjusted periodically, in Lender's discretion, to <br />reflect revised values or estimates for Taxes and Insurance. Within sixty (60) days after the end of each <br />calendar year, Lender shall furnish Trustor with a statement in reasonable detail, summarizing the actual <br />costs for Taxes and Insurance paid by Lender on behalf of Trustor for the preceding calendar year. The <br />statement shall set forth any surplus or deficiency in Taxes and Insurance for the preceding calendar <br />year. Any surplus in Taxes and Insurance shall be, in the sole discretion of Lender, either: (x) credited by <br />Lender against Trustor's Taxes and Insurance for the next calendar year; (y) applied as a prepayment <br />against the outstanding indebtedness under the Note; or (z) refunded to Trustor. Any deficiency in Taxes <br />and Insurance shall be paid to Lender by Trustor within thirty (30) days of demand. For any partial <br />calendar year, Trustor's Taxes and Insurance shall be prorated. A default in any payment of Taxes and <br />Insurance by Trustor shall be deemed a breach of this Deed of Trust and an Event of Default, as such <br />term is defined herein. No interest shall be paid by Lender to Trustor for any amounts of Taxes and <br />Insurance deposited with Lender for subsequent payment. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall: (i) keep the Property <br />in good condition and repair; (ii) promptly repair or replace any improvement which may be damaged or <br />destroyed; (iii) not commit or permit any waste or deterioration of the Property; (iv) not remove, demolish <br />or substantially alter any of the improvements on the Property; (v) not commit, suffer or permit any act to <br />be done in or upon the Property in violation of any law, ordinance or regulation; and (vi) pay and promptly <br />discharge, at Trustor's cost and expense, all liens, encumbrances and charges levied, imposed or <br />assessed against the Property or any part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and <br />other payments or relief (hereinafter "Proceeds") in connection with condemnation or other taking of the <br />Property or part thereof, or for conveyance in lieu of condemnation. Lender shall be entitled, at its option, <br />to commence, appear in and prosecute, in their own name, any action or proceeding, and shall also be <br />entitled to make any compromise or settlement in connection with such taking or damage. In the event <br />any portion of the Property is so taken or damaged, Lender shall have the option, in its sole and absolute <br />2 <br />