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DEED OF TRUST <br />Loan No: 1632470 (Continued) 200302122 Page 2 <br />of Trust <br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or hereaftur <br />in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With <br />Disabilities Act. Trustor may contest in good faith any such law, ordinance, cr regulation and withhold compliance during any proceeding, <br />including appropriate appeals, so lore as Trustor has notified Lander in writing prior 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. Truster agrees neither to abandon or leave unattended the Property. Truster shall do all other ads, 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 lazes and liens an the Property are part of this Dead of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special lazes, 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 dons on or Ion <br />services rendered or material furnished to the Property. Truster 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 />Deed of Trust. <br />Right to Contest. Truster 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, Truster shall within <br />fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />lien, or if requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any casts and afforneys' fees, or other charges that could accrue as a result of a foreclosure or <br />sale under the lien. In any contest, Truster shall defend Itself and Lender and shall satiety any adverse Judgment before enforcement against <br />the Property. Truster shall name Lender as an additional obligee under any surety band furnished In the contest proceedings. <br />Evidence of Payment. Truster 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. Truster 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, matenalmen's lien, or other lien could be asserted on account of the work, <br />services, or materials. Truster will upon request of Lender furnish to Lander advance assurances satisfactory to Lander that Trustor can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on <br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to amid 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, Trustor shall maintain such other insurance, including but not limited to hai business <br />interruption, and boiler insurance, as Lander may reasonably require. Policies shall be wrinen 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 Lander from time to time the policies or certificates of insurance In form satisfactory to Lander, including stipulations <br />that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lander. 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 defaull of <br />Truster or any other person. Should the Real Properly be located in an arse 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 arse, for the full unpaid principal balance of the loan <br />and any prior lions on the property securing the loan, up to the minimum policy limits set under the National Flood Insurance Program, ter as <br />otherwise required by Lender, and to maintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss it <br />Trustor fails to do so within fiffeen (15) days of the casualty. Whether or not Lender's security Is impaired, Lander may, at Lender's election, <br />receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedeass, payment of any lien aflecurg <br />the Property, or the restoration and repair of the Property. If Lender elects to apply the preceads to restoration and repair. Truster 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 emigration if Trustor a not in default under this <br />Dead 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 owing 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. If Lender holds any proceeds after payment <br />in full of the Indebtedness, such proceeds shall be paid to Truster as Trustee's intervals may appear. <br />Trustor's Report on Insurance. Upon request of Lender, however not mare than once a your, Trustor shall furnish to Lander a report on <br />each misting 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 Trusters failure to discharge or pay <br />when due any amounts Trustor Is required to discharge or pay under this Dead of Trust or any Related Documents, Lander on Trustees 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 taxes, <br />liens, security interests, encumbrances and other claims, at any time levied or placed on the Properly and paying all costs for insuring, maintaining <br />and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will than bear interest at the rate charged under <br />the Note from the date incurred or paid by Lender to the dale of repayment by Trustor. All such expenses will become a part 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 farm 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 maturity. The Dead 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 emitted upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in lee simple, free and clear of all fens and <br />encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion <br />Issued In favor of, and accepted by, Lander In connection with this Dead of Trust, and (b) Trustor has the full right, power, and authority to <br />execute and deliver this Dead of Trust to Lander. <br />Defense of Title. Subject to the exception In the paragraph above, Trustor warrants and will forever defend the tine to the Property against <br />the lawful claims of all parsons. In the event any action or proceeding is commenced that questions Truslor's tine or the interest of Trustee or <br />Lender under this Dead of Trust, Trustor shall defend the action at Trustor s expense. Trustor may be the nominal party in such proceeding, <br />but Lender shall be entined 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 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 Trustees use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representaficns, warranties, and agreements made by Trustor in this Dead of Trust shell <br />