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DEED OF TRUST 200206420 <br />Loan No: 774249 (Continued) Page 3 <br />that could accrue as u result of a fsreclosure or sale under the lien. In any contest, Trustor shall defend Itself and Lender and shall <br />satisfy any adverse lodgment union enforcement ayalnst the Property. Trustor sM1all name Lender as an additional obligee antler any <br />surety bond furnished in the contest pmceadiri <br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of Payment of the taxes or assessments and <br />shall authorize the appropriate gavinamental ottinal to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall notify 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. Truster will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such impmvemsnte. <br />PROPERTY DAMAGE INSURANCE. The following oviands 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 whoa covering all Improvements on the Real Property In on amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage ammmts as Lender may request with Trustee and Lender <br />I named as additional Insureds In such liability insurance policies. Additionally, Trustor shall maintain such other Insurance . <br />ncluding but oat limited to hueum, business interruption, and boiler Insurance, as Lender may reasonably require. Policies shall be <br />written In form, amounts, coverages and hasis reasonably acceptable to Lender and issued by o company or companies reasonably <br />acceptable to Lender. Trustor, 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 nut be cancelled or diminished without at least ten 110) days <br />prior written notice to Lender. Each Insurance policy also shall include an endursoment providing that coverayc In favor of Lander will <br />not be Impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located In an <br />area designated by the Director of the Federal Emergency Management AgeocV as a special flood hazard area, Trustor agrees to <br />Obtain and maintain Federal Flood Insurance. If available, within 45 days after nonce is given by Lender that the Property is located in <br />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 Ilmits 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 />Application of Proceeds. Truster shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen 116) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />election, morivu and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lentler. Lender shall, upon <br />satisfactory proof of such expenditure, pay Or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if <br />Trustor is nut In default units this Deed of Trust. Any proceeds which have not been disbursed within 180 days attar their receipt <br />and which Lender has not committed m the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Dead Of trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds after payment in toll of the Indebtedness, such proceeds shall be paid to Trustor as <br />Toaster's Interests may appear. <br />Compliance with Existing Indebtedness. During the period In which any Existing Indebtedness described below Is In effect, compliance <br />with the insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provision,, under this Used of Tncap to the extent compliance with the terms Of this Deed of Trust would constitute a <br />duplication of insurance requirement If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust <br />for occasion of proceeds shall apply Only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furmsh to Lender a report <br />on each existing policy Of insurance shown, IL the name of the Insurer; 12) the risks Insured; (3) the amount of the policy; (4) <br />the property r ured, Inc. then current replacement value of such property, and the manner of daterm'roinq that value; and (5) the <br />expiration date of the policy. Trustor shall, upon request of Lender, have an Independent appraiser satisfactory to Lentler determine <br />the cash value replacement cost Of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest In the Property ar if <br />Trustor fails to comply with any provision Of this Deed of Trust or any Related Documents, Including but not limited to Trustor s tadum to <br />reply with any Obligation to maintain Existing Indebtedness In good standing us required below, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pay untler this Deed of Trust or any Related Documents, Lender on Iruslur's behalf may (but <br />shall not be obligated m) take any action that Lender deems appropriate, including but not limited to discharging or paying all tuxes, liens, <br />security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, <br />commencing and preserving the Property. All such expenditures grained or paid by Lender for such purposes will then bear Interest at the <br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Traitor. All such expenses will become <br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; IR) be added to the balance of the Note and be <br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance <br />policy: or 12) the remaining term Of the Nate; Or ICI be treated as a balloon payrnont which will be due and payable at the Note's <br />maturity. The Deed Of Trust also will secure payment of these amounts. Such right shall be In addition to all Other rights and remedies to <br />which Lender may be entitled clean Default. <br />WARRANTY; DEFENSE OF TITLE. Thu fallowing provisions relating to ownership of the Property are, a part of this Deed of Trust: <br />Title. Irustor warrants that: (al fruslor holds goad and markslabls title of record to the Poperty In tee simple, free and clear of all <br />lien and encumbrances other than those set forth in the Real Property description or In the Existing Indebtedness section below or in <br />any title insurance policy, title report, or final title upinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and IN Trustor has the lull right, power, and authority to execute and deliver this Deed of Trust to Lender. <br />