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202110681 <br />special flood hazard area, Trustor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal <br />balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of <br />the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing <br />"private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood <br />insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood <br />insurance statutes 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 security is <br />impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to <br />the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the <br />Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or <br />destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, <br />pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default <br />under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which <br />Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to <br />Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal <br />balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds <br />shall be paid to Trustor as Trustor's interests may appear. <br />Trustors Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to <br />Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the <br />amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of <br />determining that value; and (5) the expiration date of the policy. Trustor shall, upon request of Lender, have an <br />independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the <br />Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not <br />limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed <br />of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take any action that Lender <br />deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and <br />other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the <br />Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under <br />the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part <br />of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be <br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable <br />insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable <br />at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all <br />other rights and remedies to 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 of <br />Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and <br />clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance <br />policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, <br />and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to <br />the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions <br />Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's <br />expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the <br />proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause <br />to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing <br />applicable laws, ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this <br />Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall <br />remain in full force and effect until such time as Trustors Indebtedness shall be paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor <br />shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in <br />the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments <br />and documentation as may be requested by Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any <br />proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net <br />proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of <br />the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee <br />or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating <br />to governmental taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this <br />Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real <br />Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in <br />recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, <br />and other charges for recording or registering this Deed of Trust. <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of <br />Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which <br />Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; <br />(3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax <br />on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this <br />event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for <br />an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) <br />contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate <br />surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security <br />agreement are a part of this Deed of Trust: <br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property <br />