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200203501
<br />DEED OF TRUST
<br />Loan No: 773417 (Continued) Page z
<br />with this section of the Deed or 1 rust. Any inspections or tests made by Lender shall be for Lander's purposes only and shall not be
<br />construed to create any responsibility or liability an the part of Lender to Truster or to any other person. The representations and
<br />warranties contained herein are based on Treat.,a due diligence in investigating the Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or...trihution In the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnity and held harmless Lender against any and all claims, losses.
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or Interest in the Property, whether or not the same was or should have been known to Trustor.
<br />I he provisions of this section of the Deed of Trust, including the obligation to Indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be effected by Lender 'a acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's print written consent.
<br />Removal of Improvements. Trustor shell not demolish or remove any Improvements from the Real Property without Looder's prior
<br />written consent. As a condition to the removal of any Improvements, Lander may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />.trend to Lender'. interests and to inspect the Real Property for purposes of Trusi compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Truster has notified Lender in writing prior to doing so and so long as, In Lender 'a sole opinion, Lender's Interests in the Property are
<br />net jeopardized. lender may require Tractor to post adequate security or a surety bend, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees norther to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<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. Trustor shall pay when due (end 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 fur work done
<br />on or for services rendered or material furnished to the Property. Trustor 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 es
<br />otherwise provided in this Deed of Trost.
<br />Right td Contest. Trustor may withholtl payment of any tax, assessment, or claim In connection with a good faith dispute ov r the
<br />obligation to Pay , so long as Lander's Interest in the Property Is not jeopardized. If a lien arises or is filed as a result of non p s t,
<br />Trustor shall within fifteen 0 51 days after the lien arises or, if a lien Is filed, within fifteen (1 lift days after Tractor has notice of the
<br />filing, secure lire discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accred as a result of a foreclosure or Sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Prel eny. Truster shell name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Truster shall polity Lender at least fifteen (15) days before any work Is commenced, any services are
<br />furnished, or any materials are supplied to the Property. If any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Truster can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following previsions 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, together with such other
<br />hazard and liability Insurance as Lender may reasonably require Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a sped Perry or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, Including
<br />stipulations that coverages will nut be cancelled or diminished without at least tan (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omission or default of Trustor or any other person. Should the Real Property be located In an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, fur the
<br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
<br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
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