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DEED OF TRUST Loan No: 772983 200202435 (Continued) Page z purposes only antl shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustoos due diligence In invesfigafing the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, panaltles, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this secton Of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's Ownership Or interest In the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure Or otherwise. Nuisance, Waste. Trustor Shall not cause, conduct Or permit any ulsance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right 10 Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to Imspact the Real Property for purposes of Truster's compliance with the terms and conditions of this Deed of trust. Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding. including appropriate appeals, so long as Trustor has notified 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 may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those acts set faith above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The fallowing provisions relating to the taxes and liens on the Property are pad of this Deed of Trust: Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Properly, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all likens having priority Over or equal to the interest of Larder under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Dead of Trust. Right to Contest. Trustor may withholtl payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not je0pardized. If a lien arses Or is filed as a result Of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, If a Ilan is filed, within fifteen (15) days after Trustor has rubber of the filing, secure the discharge of the lien, or If requested by Lender, deal with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender In an 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 spin under the lien. In any contest. Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings, Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes Or assessments and shall authorize the appropriate governmental official to deliver to Larder at any time a written statement of the taxes and assessments against the Property_ Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Properly, if any mechanics lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustor will upon requeol of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can end will pay the cost Of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Deed of Trust. Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full Insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of am, coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lander may reasonably require. Policies shall be written in form, amount, coverages and basis reasonably acceptable to Lander and issued by a company or companies reasonably acceptable to Lender, Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in farm satisfactory to Lender, including sflpular ons that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also 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 Trustor or any other person. The Real Property is or will be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior Tiers On the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property . Lender may make proof of loss if Trustor fails to do so within fifteen (1 5) days of the casualty. Whether or not Lender's security is impaired, Lender may at Lender's election, receive and retain the pro0eeds of any Insurance and apply the proceeds to the reduction Of the Indebtedness, payment Of any Ilan affecting