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202305127 <br />2. All payments received by Lender shall be first applied to advances that may have <br />been made by Lender, and then to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against <br />the Property before the same become delinquent. <br />4. Borrower shall keep the improvements on said Property insured for their insurable <br />value against loss by fire and hazards included with the term "extended coverage", and policies <br />for the same shall include a standard mortgage clause showing Lender herein as an additional <br />loss payee. In event of loss, Lender may make proof of loss if not promptly made by Borrower. <br />Insurance proceeds shall be applied to restoration or repair of the Property damaged, unless both <br />parties otherwise agree, except if restoration or repair is not economically feasible, or if Lender's <br />security is not lessened; otherwise, said proceeds shall be paid on the Debt herein, whether or not <br />then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said <br />Note, or change the amount of the payments. <br />5. Upon written demand by Lender, Borrower shall pay to Lender, in such manner <br />as Lender may designate, sufficient sums to enable Lender to pay as they become due one or <br />more of the following: (a) all taxes, assessments, and other charges against the Property; (b) the <br />premiums on the property insurance required hereunder, and (c) the premiums on any mortgage <br />insurance required by Lender. <br />6. 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 be <br />permitted to repair or replace any improvement(s) situated on the Property and shall be permitted <br />to construct additional improvement(s) on the Property in Borrower's discretion; shall not <br />commit or permit any waste or deterioration of the real estate hereinabove described; shall not <br />commit, suffer, or permit any act to be done in or upon the Property in violation of any law, <br />ordinance, or regulation; and shall promptly discharge at Borrower's cost and expense all liens, <br />encumbrances, and charges levied, imposed, or assessed against the described real estate or any <br />part thereof. <br />7. Borrower shall keep the Property in compliance with all applicable laws, <br />ordinances, and regulations relating to industrial hygiene or environmental protection <br />(collectively referred to herein as "Environmental Laws"). Borrower shall keep the Property free <br />from all substances deemed to be hazardous or toxic under any Environmental Laws <br />(collectively referred to herein as "Hazardous Materials"). Borrower hereby warrants and <br />represents to Lender that there are no Hazardous Materials on or under the Property. THE <br />BORROWER'S FOREGOING WARRANTIES AND REPRESENTATION SHALL SURVIVE <br />RECONVEYANCE OF THIS DEED OF TRUST. <br />8. Borrower shall not sell, transfer, assign, or convey all or any part of or any <br />interest in the Property hereinabove described, either voluntarily or involuntarily, without the <br />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 <br />shall have the option to declare all sums secured hereby immediately due and payable. <br />9. In the event of a Change in Control (as hereafter defined), then the entire <br />principal sum and accrued interest shall at once become due and payable at the election <br />of the Holder hereof. For purposes of this Section 9: (a) a "Change of Control" shall <br />mean any transaction or series of related transactions in which in excess of fifty percent <br />(50%) of the then issued and outstanding voting shares of common stock of the Maker <br />are transferred to any Person who is not a shareholder of the Maker at the time the <br />transaction is entered into; and (b) a "Person" shall mean an individual, corporation, <br />business trust, estate, trust, partnership, limited liability company, association, joint <br />venture, or any other legal or commercial entity. <br />10. If Borrower fails to perform the covenants and agreements herein contained, <br />Lender may do and pay for whatever is necessary to protect the value of the property and <br />Page 2 of 4 <br />