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� 99 107976 Borrower covenants that Borrower is lawfully seised of such real estate and has the legal power and lawful authority to convey the same and warrants and will defend title to the real estate against the lawful claims of all persons. BORROWER AND LENDER AGREE AS FOLLOWS: 1. Borrower shall pay when due, the principal and interest as provided in said Note. 2. All payments received by Lender shall be first applied to advances which may have been made by Lender and then to interest due and last to principal due. 3. Borrower shall pay all general real estate taxes and special assessments against the Property before the same become delinquent. 4. Borrower shall keep the improvements on said Property insured against loss by fire and hazards included with the term "extended coverage" for their insurable value and policies for the same shall include a standard mortgage clause showing Lender herein. In event of loss, Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, unless both parties otherwise agree, except if restoration or repair is not economically feasible or Lender's security is not lessened, otherwise said proceeds shall be paid on the debt herein, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any payments or pro- ceeds from insurance shall not extend or postpone the due date of the monthly payments provided in said instrument of indebtedness, or change the amount of the payments. 5. Borrower shall keep the described Property in good condition and repair; shall promptly repair, or replace, any improvement which may be damaged or destroyed; shail not commit or permit any waste or deterioration of the real estate hereinabove described, shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance or regulation; and shall promptly discharge at Borrower's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the described real estate or any part thereof. 6. Borrower shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"). Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Borrower hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 7. Borrower shall not sell,transfer, assign, convey or further encumber all or any part of or any interest in the Property hereinabove described, either voluntarily or involuntarily, without the express prior written consent of Lender or as otherwise herein permitted, and in the event of any such sale,transfer, assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all sums secured hereby immediately due and payable. 8. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for whatever is necessary to protect the value of the property and Lender's rights in the Property, including the paying of any sum secured by a lien which has priority over this Deed of Trust, appearing in Court, paying reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this Deed of Trust,to