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Loan No: 77427w": 41 <br />741 6 M+t <br />ge <br />1 xza� ;, MM Pa 3 <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 'not be cancelled or diminished _without at least ten .:110) "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,ths Real Property be located in an area desl0nated by the Director of <br />the 'Federal Emergency Management Agency as a- .specidl flood;.hazardarea, Trustor agrees to obtain ail maintain Federal' Flood <br />full. nsurance, if available, within 45 days after notice is given by Lender that the Property. is located in :a. special food hazard, grea,. forthe <br />'Insurance, principal 'balance. of the loan: and any,prior liens on the property securing the.loan, up to the maximum pole, 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 <br />loan. <br />Application of Proceeds. Trustor 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 11 5) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />election, receive 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 Lender. 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 not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after thee: receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing: to Lender <br />under this Deed 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 full of the Indebtedness, . such proceeds shall be paid to .Trustor as <br />, Trustor's interest may appear _ , y <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all takes, liens, security interests, encumbrances; and other <br />claims, (BI to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any <br />action or proceeding is commenced that would materially affect Lender's interests in the Property,. then Lender on Trustor's behalf may, <br />but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests.. All expenses incurred or paid by <br />Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during <br />either 11) the term of any applicable insurance policy; or (2) the remaining term of the Note; or ICI be treated as a balloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. <br />Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have <br />had. <br />WARRANTY; DEFENSE OF TITLE., The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that:' (a) Trustor holds good and marketable` title "of record to the Property in The 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,; br final <br />.....title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor 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, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities.... <br />.......Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />Indebtedness is paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />..................Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br />Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />all reasonable costs, expenses, and attorneys' fees, incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL, AUTHORITIES. The following provisions :;relating to, governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by.Lerider to perfect and continue Lender's fen ;on, the Real Property:' '"Trustor shall <br />.reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed <br />of Trust, including without limitation all taxes, fees; documentary stamps, and other charges for recording or registering this Deed of <br />Trust. <br />