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202402891
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6/26/2024 12:11:02 PM
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6/26/2024 12:11:01 PM
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DEEDS
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202402891
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202.402891 <br />principal balance of the loan(s) and any prior liens on the property securing the loan(s), up to the maximum <br />policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to <br />maintain such insurance for the term of the loan(s). Flood insurance may be purchased under the National Flood <br />Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal <br />flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to <br />Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender <br />may make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and <br />apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the <br />restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor <br />shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, <br />upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost <br />of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been <br />disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of <br />the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay <br />accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If <br />Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall <br />furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the <br />risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement <br />cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's <br />interest in the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related <br />Documents, including but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is <br />required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may <br />(but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed <br />on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures <br />incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Notes from the date <br />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 one or more of <br />the Notes and be apportioned among and be payable with any installment payments to become due during either (1) <br />the term of any applicable insurance policy; or (2) the remaining term of the Notes; or (C) be treated as a balloon <br />payment which will be due and payable at the Notes' maturity. The Deed of Trust also will secure payment of these <br />amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the <br />occurrence of any Event of Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part <br />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, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed <br />of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced <br />that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend <br />5 <br />
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