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DEED OF TRUST 200300356. <br />Loan No: 28856r (Continued) Page 2 <br />Disabilities Act. Tractor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, <br />Including appropriate appeals, so long as Trustor has notified Lender in writing pnor to doing so and so long as, in Lender's sole opinion, <br />Lender's interests in the Property are not jeopardized. Lender may require Truster to post adequate security or a surety bond, reasonably <br />satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those <br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the <br />Property. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pad of this Dead of Trust <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this <br />Dead of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation <br />to pay, so long as Lender's interest in the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the lien arises or, if a lien Is filetl, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attorneys fees, or other charges that could accrue as a result of foreclosure or <br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against <br />the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or <br />any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, <br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The fallowing provisions relating to insuring the Property are a pad of this Deed of Trust. <br />Maintenance of Insurance. Truster shall procure and maintain policies of fire insurance with standard extended coverage endorsements an <br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive <br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in <br />such liability insurance policies. Additionally, Truster shall maintain such other insurance, including but not limited to hazard, business <br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be writer in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance In form satisfactory to Lender, including stipulations <br />that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of <br />Trustor or any other person. Should the Real Properly be located in an area designated by the Director of the Federal Emergency <br />Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 <br />days after notice is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the loan <br />and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as <br />otherwise required by Lender, and to maintain such insurance for the term of the loan. <br />Application of Proceeds. Truslor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if <br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election, <br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Intlebtetlness, payment of any lien affecting <br />the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall <br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory, proof of such <br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this <br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or restoration of the Property shall be used first to pay any amount awing to Lender under this Deed of Trust, then to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. It Lender holds any proceeds after payment <br />in full of the Indebtedness, such proceeds shall be paid to Trustor as Tractor's interests may appear. <br />Tmstor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report on <br />each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the <br />property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration <br />date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value <br />replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest In the Property or if Trustor <br />fails to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Trustor's failure to discharge or pay <br />when due any amounts Truster is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf <br />may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all lazes, <br />liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining <br />and preserving the Prcpedy. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under <br />the Note from the date Incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a pad of the Indebtedness <br />and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable <br />with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the <br />Note; or (C) be treated as a balloon payment which will be due and payable at the Note's matunty. The Deed of Trust also will secure payment <br />of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Deed of Trust: <br />Title. Truster warrants that (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Properly description or in any title insurance policy, title report, or final title opinion <br />issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Trustor has the full right, power, and authority to <br />execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Properly against <br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trusters title or the interest of Trustee or <br />Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Truster may be the nominal party in such proceeding, <br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and <br />Truster will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such <br />participation. <br />Compliance With Laws. Trustor warrants that the Property and Trusor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust $ball <br />survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time <br />as Trustor's Indebtedness shall be paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Deed of Trust <br />