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200110964 <br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal <br />power and lawful authority to convey the same and warrants and will defend title to the real estate <br />against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. Borrower shall pay when due, the principal and interest as provided in said Note. <br />2. All payments received by Lender shall be first applied to advances which may have <br />been made by Lender and then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />Property before the same become delinquent. <br />4. Borrower shall keep the improvements on said Property insured against loss by fire <br />and hazards included with the term "extended coverage" for their insurable value and policies for <br />the same shall include a standard mortgage clause showing Lender herein. In event of loss, Lender <br />may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be applied to <br />restoration or repair of the Property damaged, unless both parties otherwise agree, except if <br />restoration or repair is not economically feasible or Lender's security is not lessened, otherwise said <br />proceeds shall be paid on the debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds <br />from insurance shall not extend or postpone the due date of the monthly payments provided in said <br />instrument of indebtedness, or change the amount of the payments. <br />5. Borrower shall keep the described Property in good condition and repair; shall <br />promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit <br />or permit any waste or deterioration of the real estate hereinabove described, shall not remove, <br />demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or <br />permit any act to be done in or upon the property in violation of any law, ordinance or regulation; <br />and shall promptly discharge at Borrower's cost and expense all liens, encumbrances, and charges <br />levied, imposed or assessed against the described real estate or any part thereof. <br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances, <br />and regulations relating to industrial hygiene or environmental protection (collectively referred to <br />herein as "Environmental Laws "). Borrower shall keep the Property free from all substances deemed <br />to be hazardous or toxic under any Environmental Laws (collectively referred to herein as <br />"Hazardous Materials "). Borrower hereby warrants and represents to Lender that there are no <br />Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold <br />harmless Lender, and any successors to Lender's interest, from and against any and all claims, <br />damages, losses and liabilities arising in connection with the presence, use, disposal, or transport of <br />any Hazardous Materials on, under, from, or about the Property. THE FOREGOING <br />WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT <br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED <br />OF TRUST. <br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part <br />of or any interest in the Property hereinabove described, either voluntarily or involuntarily, without <br />the express prior written consent of Lender or as otherwise herein permitted, and in the event of any <br />such sale, transfer, assignment, conveyance or transfer in violation of this provision, Lender shall <br />have the option to declare all sums secured hereby immediately due and payable. <br />8. If Borrower fails to perform the covenants and agreements herein contained, Lender <br />may do an pay for whatever is necessary to protect the value of the Property, and Lender's rights in <br />the Property, including the paying of any sum secured by a lien which has priority over this Deed of <br />Trust, appearing in court, paying reasonable attorney fees and entering the Property to make repairs. <br />Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower, <br />secured by this Deed of Trust, to bear interest from the date of disbursement and said amount, <br />2 <br />