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DEED OF TRUST <br />Loan No: 777482 200305591 (Continued) Page 2 <br />purposes only and shall not be construed to create any responsibility or liability on the pen of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based an Trustee's due diligence in investigating the Properly for Hazardous <br />Substances. Trustor hereby (1) relesses and waives any future claims against Lender for indemnity or contribution in the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustees ownership or Interest in the Property, whether or not the same was or should have been known to Truster. <br />The provisions of this section of the Deed of Trust, including the obligation to Indemnity, shall survive the payment of the Indebtedness and <br />the satiaiacllon and reconveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stepping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />parry the right to remove, any limber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property, at all reasonable times to <br />attend to Lenders interests and to inspect the Real Property for purposes of Trustee's compliance with the farms and conditions of this Dead <br />of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest In good faith any such law, <br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified <br />Lender in writing Prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender <br />may require Trustor, to post adequate security or a surety bond, reasonably 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 retailing to the taxes and liens on the Property are part at this Deed of Trust: <br />Payment. Trustor shall pay when due (end in all events prior to delinquency) all taxes, special laces, 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 squal 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. Truslor 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 Lenders interest in the Property is not jeopardized. If a lien anses or is filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the lien arises or, If a lien Is Bled, within sheen (15) days after Trustor has notice of the filing, secure the discharge of the <br />Gen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security saf sfacory 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 a 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 obliges 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 laces 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 furnishetl, 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 />saamces, or materials. Truster 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. 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 avoid application of <br />any coinsurance clause, and with a standard mortgagee clause In favor of Lender, together with such other hosed and liability Insurance as <br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued <br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or cenlficates 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 Lender. Each insurance policy also shall Include an endorsement providing that <br />coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. The Real Property <br />is or will be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard arse. <br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior <br />liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise <br />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. Lender may make proof of loss If <br />Trustor fails to do so within fifteen (16) days of the casualty. Whether or not Lenders 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 Indebtedness, payment of any lien affecting <br />