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DEED OF TRUST <br />Loan No: 773024 200201485 (Continued) Page 2 <br />of any Hazardous Substance in violation of any Environmental Laws. Truster authorizes Lender and its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution <br />in the event Truster becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless <br />Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to <br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete <br />construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note <br />(or such earlier date as Lender may reasonably establish) and Truster shall pay in full all costs and expenses in connection with the <br />work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that <br />the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. <br />Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of <br />liens, construction progress reports, and such other documentation as Lender may reasonably request. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Truster shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of Trust. <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 <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Truster shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Truster shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <br />acceptable to Lender. Truster, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days <br />prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Truster or any other person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Truster agrees to <br />obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in <br />a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to <br />the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Truster fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Truster's failure to <br />discharge or pay when due any amounts Truster is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate on the Property and paying all costs <br />for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Truster. All such <br />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 of <br />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 treated as a balloon payment which will be due and payable <br />at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Truster warrants that: (a) Truster holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Truster has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Truster warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Default. Truster fails to comply with any other term, obligation, covenant or condition contained in this Deed of Trust or in any <br />of the Related Documents. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The death of Borrower or Truster, the insolvency of Borrower or Truster, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />