Laserfiche WebLink
200200618 <br />This Deed of Trust secures to Lender the Debt evidenced by said Note, the <br />payment of all other sums, with interest, advanced under the provisions hereafter to <br />protect the security and the performance of Borrower's covenants and agreements. <br />Borrower covenants that Borrower is lawfully seised of such real estate and has <br />the legal power and lawful authority to convey the same and warrants and will defend <br />title to the real estate against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. Borrower shall pay when due, the principal and interest as provided in said <br />Note. Borrower shall have no right to prepay all or any part of the indebtedness secured <br />by this Deed of Trust. <br />2. All payments received by Lender shall be first applied to advances that may <br />have been made by Lender and then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against <br />the Property before the same become delinquent. <br />4. Borrower shall keep the improvements on said Property insured against loss by <br />fire and hazards included with the term "extended coverage" for their insurable value and <br />policies for the same shall include a standard mortgage clause showing Lender herein. In <br />event of loss, Lender may make proof of loss if not promptly made by Borrower. <br />Insurance proceeds shall be applied to restoration or repair of the Property damaged, <br />unless both parties otherwise agree, except if restoration or repair is not economically <br />feasible or Lender's security is not lessened, otherwise said proceeds shall be paid on the <br />debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or pro- <br />ceeds from insurance shall not extend or postpone the due date of the monthly payments <br />provided in said instrument of indebtedness, or change the amount of the payments. <br />5. Borrower shall keep the described Property in good condition and repair; shall <br />promptly repair, or replace, any improvement which may be damaged or destroyed; shall <br />not commit or permit any waste or deterioration of the real estate hereinabove described, <br />shall not remove, demolish or substantially alter any of the improvements on the <br />Property; shall not commit, suffer or permit any act to be done in or upon the Property in <br />violation of any law, ordinance or regulation; and shall promptly discharge at Borrower's <br />cost and expense all liens, encumbrances and charges levied, imposed or assessed against <br />the described real estate or any part thereof. <br />6. Borrower shall keep the Property in compliance with all applicable laws, <br />ordinances and regulations relating to industrial hygiene or environmental protection <br />(collectively referred to herein as "Environmental Laws "). Borrower shall keep the <br />Property free from all substances deemed to be hazardous or toxic under any <br />Environmental Laws (collectively referred to herein as "Hazardous Materials "). <br />Borrower hereby warrants and represents to Lender that there are no Hazardous Materials <br />on or under the Property. Borrower hereby agrees to indemnify and hold harmless <br />Lender, its directors, officers, employees and agents, and any successors to Lender's <br />interest, from and against any and all claims, damages, losses and liabilities arising in <br />connection with the presence, use disposal or transport of any Hazardous Materials on, <br />under, from or about the Property. THE FOREGOING WARRANTIES AND <br />REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT TO THE <br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED <br />OF TRUST. <br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any <br />part of or any interest in the Property hereinabove described, either voluntarily or <br />involuntarily, without the express prior written consent of Lender or as otherwise herein <br />permitted, and in the event of any such sale, transfer, assignment, conveyance or transfer <br />in violation of this provision, Lender shall have the option to declare all sums secured <br />hereby immediately due and payable. <br />