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DEED OF TRUST 2 19 5 Page 3 <br />Loan No: 101204823 (Continued) <br />e fair value basis for the full Insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgages, clause in favor of Lentler, together with such other haverd and liability Insurance m <br />Lander may reasonably require. Policies shell be written In form, amounts, coverages antl basis reasonably acceptable to Lander and Issued <br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lander, will deliver to Lender from time to time the <br />policies or certificate, 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 Lander. Each insurance policy also shall include an endorsement providing that <br />coverage In favor of Lander will not be Impairetl in any way by any act, omission or defauX of Trustor or any other person. Should the Reel <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 the <br />up to me msxlmuim policy liml6 seteunder the (National Flood Insurance Program,IOr es othaerwioel required by Le^d property securing maintain such <br />Incurred In a Insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lander of any loss a damage to the Property. Lender may make proof of loss if <br />Trustor hits to do so within fifteen (15) days of the casualty. Whether or not Lenders security a Impaired. Lentler may, at Lender's election, <br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting <br />the Property , or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Trustor shall <br />repair or replace the damaged or destroyed Improvements in a manner satsactory to Lander. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trusts from the proceeds for the reasonable corn of repair or restoration X Trustor Is not In default under this <br />Dead of Trust. Any proceeds which have not been disbursed within 180 days after train receipt and which Lender has not committed to the <br />repair or restdrellon of the Property shell be used first to pay any amount owing to Lender under this Dead of Trust, then to pay accrued <br />Interest, and the remainder, If any, sell be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment <br />in full of the Indebtedness. such proceeds shall be paid to Trustor as Trustors Interests may appear. <br />LENDER'S IXPENDITURES. If Truslor fails (A) to keep the P(opady bee of all texas, liens, security interests, encumbrances, and other claims, <br />(B) to provide any required Insurance on the Property, or (C) to make repairs to to Property then Lender may do so. It any action or <br />proceeding is commenced that would materially affect Lender's Interests in the Proper%, then Lender on Trustor's behalf may, but is not required <br />to, take any action that Lander believes to be anpropriala to protect Lender's interests. All expenses Incurred or paid by Lander for such <br />purposes will than bear interest at the rate charged under the Note from the date incurred a paid by Lander to the data of repayment by Truslor. <br />All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand (B) be added to the balance <br />of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any <br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be bested as a balloon payment which will be tlue and payable at the <br />Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shell be In etltlltian to <br />any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lentler shall not be construed as <br />curing the default $o es to bar Lender bon any remedy that It otherwise would have had <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly we a pad of this Dead of Trust: <br />Title. Truslor warrants that: (a) Trustor holds good and marketable title of record to the Properly in Me simple, free and clear of all liens and <br />encumbrances other than those sat forth in the Real Property demription or In any file Insurance policy, use report, or red a author opinion to <br />issued In favor ol, antl accepted by, Lender in connection with this Deed of Trust, end (b) Trustor Fee the full right, p my <br />execute and deliver this Deed of Trust to Lander. <br />Defense of Title. Subject to the exception In the paragraph above, Trustor warrants and will forever defend the fitie to the Property against <br />the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Trustor's NNe or the interest of Trustee or <br />Lentler antler this Dead m Trust, Trustor shell of <br />the action at Trpsters expense. Trustor may be the nominal perry In such promeding, <br />but Lentler shall be entlfted to participate In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and <br />Trustor will deliver, or cause to be delivered, to Lander such Instruments as Lender may request from Nme to time to Permit such <br />Participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Properly complies with all existing applicable laws, <br />ordinances. and regulations of governmental authorities. <br />Survival of Promisee. All promises, agreements, and sMlements Truslor bas made In this Dead of Trust shall survive the execution and <br />delivery of this Deed of Trust, shall be continuing in nature and shell remain in full force and one& until such time as Borrower's <br />Indebtedness is paid in lull. <br />CONDEMNATION. The followitg provisions relating to condemnation proceedings are a part of this Dead of Trust: <br />Proceedings. If any proceeding In condemnation is filed. Truslor shall promptly notify Lander In writing, and Truslor shall promptly take such <br />steps as may be normal to defend the action and obtain the award. Trustor may be the nominal party In such proceeding, but Lender <br />shall be entitled to participate In the Proceeding and to be represented In to proceeding by counsel of Its own choice, and Trustor will <br />deliver or cause to be delivered to Lentler such Instruments and documentation as may be requested by Lender from time to time to permit <br />such participator. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase In lieu et condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the <br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all <br />reasonable costs, expenses, and attorneys fees incurred by Trustee or Lender in connection with Me condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />tees and charges are a pad of this Dead of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shell execute such documents in addition to This Dead of Trust and <br />lake whatever other action Is requested by Lander to perfect and continue Lender's lien on the Reel Property. Trustor shall reimburse Lender <br />for all <br />without tats didescribed below, together wlth all as eflam incurred wording, i perfecting or continuing of Trust, g <br />lees, documents slams g 0 registering <br />