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200011207 DEED OF TRUST <br />(Continued) Page 2 <br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien 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 />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 endorsements 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 mortgagee clause in favor of Lender, together with such other hazard and liability insurance as <br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued <br />by a company or companies 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 cancelled or diminished <br />without at least ten (10) 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, 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 />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, 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 materially 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. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged <br />under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the <br />Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and <br />be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining <br />term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title <br />insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) <br />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 the Property against <br />the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in <br />any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any other payment necessary to prevent filing of b? to effect discharge of any lien. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Trustor. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time <br />required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is <br />not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on <br />the Property. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor fail to comply <br />with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />