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200206880 DEED OF TRUST <br />Loan No: 34454 (Continued) Page 2 <br />Substances. Trader hereby (1) releases and waives any future claims against Lender for Indemnity or con42ofion in the event Truster <br />Saturday liable for cleanup or INM1er costs under any such laws, and (2) flgroos to Indemnity and had harmless Leader against any and all <br />claims losses, Iabdlles, damages, penalties, antl expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach <br />of this section of the Dead of poet or as a consequence of any use, generation, manufacture, storage, disposal, release or Treasurer <br />release occurring prior to Trustofs ownership or Interest In the Property, whether or not the same was or should have been known to Trustor_ <br />The provisions W this suction of the Dead of Trust, including the obligation to (drought shall survive me payment of to Indebtedness and <br />the satisfaction and repperon ce of the lien of this Deed of Trust and shall nM be Shouted by tenders acquisition of any Interest In the <br />PrMerty, whether by foreclosure or otnerwlse- <br />Nuiful waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit suffer any stripping of or waste on or to <br />the Pmpedy or any portion of the ProW'M- Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />Oelty the right to remove, any timber minerals (including oil and gas), coal, clay, scoria, sort gravel or rook products w r Lenders prior <br />written consent. <br />Removal of Improvements. Trustor shell not demolish or remove any Improvements from the Reel PropeM without Lender s prior ended <br />conseli As a Condition to the removal of any Improvements, Lender may require Trustor to make arrangements reassembly! to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />LMder'S Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property, at all reasonable times to <br />ahead to Lend era interests and he inspect me Real Measure for purposes ftf Thaler 'a compliance With the terms and Conditions of this Deed <br />of Trost <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, engineers, and regulations, now or hereafter <br />in effect of all governmental authorities applicable to the use or annual of the Properly- Trustor may contest In good faith any such law. <br />ordinance, or regulation and wlel compliance during any proceeding, including appropriate appeak, so long as Trustor has notified <br />Tender in writing prior to doing so and so long es, In Lender 'a solo Cankn, Lender s Interests In To Property are not Rogyr dlzed Lender <br />may require Trustor to post adequflfe security or a surety send, reasonably smisfaotery to Lender, to protect Leader '0 Interest. <br />Duty to Protect. Theater agtoes nailbor to abandon or leave unaden0ed me Property. Trader shall do all other acts, in addition to those <br />acts set roM above in this section. which from me character and use of me Property are reasonably necessary m protect and preserve the <br />Property <br />DUE ON SALE CONSENT BY LENDER. Lender may at Lenders option, do dare Immediately due and Payable all sums secured by this Deed <br />M Trust upon the sale or transfer, without Lender's prior wrin rt cam ent, of all or any pan of the Real PropeM, or any Interest In me Real Prepare <br />A'bale Cr transfer" means the conveyance of Peal Property of any right title or Interest In the Real Property, whether legal, benetlolal or equitablel <br />whether voluntary or involuntary whatnot by outright sale, optic, Installment Selo contract, land contract contract for deed, leavened interest with <br />a term greater man three (S) years, lease-option contract. or by sale, assignment or transfer of any therefore formal In or to any land hurt <br />holding tine to the Reel Property, or by any other method of conveyance of an interest n the Real Property. However this option shall not be <br />examined by Lender 11 such exercise Is prohibited by federal law or by Nadi law. <br />TAXES AND LIENS. The following provisions raising to Me taxes and Mans on the PopoM are pad of this Deed of Trust <br />Payment. Trustor shell pay when due (and In all events prior to delinquency) ell taxes, special boxes, assessments, charges (Inchxfing water <br />and seven), fines and impasliare levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />s rendered or material individual to rho Property. Trustor shall maintain me Pmpedy free of all liens having priority over or equal to IM1e <br />avesrof Lender under this Deed of Trust, except for me fen at taxes and essessmonrs not due and except as otherwise provided In this <br />Dead of Trust. <br />Right to Contest. Truster may withhold payment of any tax, assessment, or claim In connection with a good fear dispute over the obligation <br />ro pay, so long ae Lender s Interest In me Property Is not jeopardized If a lien Silicas or Is filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the Ilan arses or If a Ilan Is filed, wirn;n fifteen (15) bays after Trustor has notice of the tiling, secure the discharge of the <br />lien or If requested by Lentler, deposit with Lender cash or a spherical corporate surety Mind or other shi urlry satisfactory to Lender In an <br />amount suHcident to discharge tae lien plus any costs and attorneys' fees, or ether charges that could accrue as a result of a foreclosure or <br />sale under the Ilan. In any contest, muster shall defend itself and Lender and shall satisfy any adverse judgment borers enforcement against <br />Me Pmpedy. Turstor shall name Lender as an additional obligee under any surety bond furnished In the contest prxeetlings <br />Evidence of Payment. Trustor shall upon demand furnish to Lender Satisfactory evidence of payment of the taxes or reposeful and shall <br />mogul to appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Trustor Shan notify Lender at least nffaen (15) days before any work is commenced, any services arc furnished. or <br />any materials are supplied to the PmaeM, if any mecnomc's Ilan, materlelmen'a hen, or other Ilan could be asserted on account of the work, <br />serv;ay or <br />materials Truster will tram request or Lender furnish fo Lender advance assurances satlsfaerory m Lender met Trustor can and <br />will pay ma roar of such Improvements. <br />PROPERTY DAMAGE INSURANCE. The Placid prookicus relating to Insuring the Pmpedy are a pan of this DOM of Tmm. <br />Maintenance of Insurance. Trustor shell ferniure and maintain pollutes of fire Insurance wild Standard extended coverage endorsements eo <br />replacement bests for the full insurable value covering all Improvements on the Reel Property In in amount sufficient to avoid application of Clause <br />LendernMay�Mcenably and with Policies shell be wrl agree in Lender <br />Mtl heels reasonably acceptandI Lend rand insurance as <br />y raga;re. y hazard an to tender and as <br />by a company or compaoie reasonably acceptable to Lender Trasbc ufwwrequest of Lender, will tlenver to Lender from time to time me <br />polices or certificates of Insurance In form satisfactory m Lender, including tstpumwns that coverages wnI not be cancelled or diminished <br />without at least ten (10) days prior Orman nonce in Imemil Each Insurance poly also shall reopen on endorsement providing that <br />sage m favor m Lender will not be shaped m any way by any act, omission or default of Trustor or any other person. Should the Real <br />PsoaMy be located a an area designated by me Director m me Federal Emergency Mvmgomont Agency as a special flood hazard area <br />Truser agrees to amain and ema;rrgin rederal Fined Insurance , If available. within 45 gays after nonce Is given by Lender that the Prom any, Is <br />labeled in a Special food hazard area her the full aboard principal balance of man and any prior lens on the property opening the loan, <br />up to the maximum Pafry Lung set under the Lateral Feed hssurance Program, or as omerwlse. moored by Lander. end to maintain Such <br />insurance for the term of me luan_ <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property . Lender may make proof of lose L <br />Truster fails to do so within fifteen (15) days of me casualTy. Whether or net Lender's security is impaired, Lender may, at Loner's election, <br />the. <br />ve and retlin the proceeds of any insurance and apply the proceeds to the reduction of me Indebtedness, payment of any lien affecting <br />ma it or rapiers or the damaged and repair of the Pments i L Lender clads to apply the proceeds to hall, upon and Trustor shall <br />prefr or apiece me damaged arse m destroyed m the proceeds f In a manner able aoory to a at or Lender shall, rnen Satisfactory nein ref proof of such <br />Dead of rru pay or reimburse Tnxchh Item the been proceeds for the feasena days coat of treat r or rd and iwh c Trustor a net Io comm t under I, ants <br />repair of Trust. Any proceeds peICM1 have her neen first pa within 1 o days afar her receipt and is D Lender has not n to pay a to and <br />medical. 1. restoration etre of the if Property shall be used first ro pay any amount owing d Lender under this Dapd of Trust men to pay accrued <br />Interest, and me Indebtedness, tl any, shall be hall applied <br />be In map rusted balance of the Intlebtedness. 11 Lender holUS any proceeds shat payment <br />In full of the Indebmdnrss sucM1 prcceeds shall be paitl to Truster as Trusters interests they appear_ <br />LENDER'S EXPENDITURES. If Truster falls (A) M keep fee Property free of all taxes, liens. security lnteXi encumbrances, and other dales <br />ST) to provide any requlaa Insurance on the Property, or (C) N make repairs to me Property men Lender may de an If any action Cr <br />processing Is commenced that would materially heed Lenders Interests In the Property, then Lender on Truchas behalf may, but Is not mall <br />to take any action that Lender behaves to be appeared to pmeeIX Lender's interests. All expenses spurred or paid by Lender for such <br />purposes will then bear interest at the rate charged under Me Note from the date incurred or paid by Lender to the date of repayment by Trustor. <br />All such expenses will became a pan of the Indebtedness and, at Lenders option, will (A) be payable on demand, (R) be added to the balance <br />of mo race. and be apporlioned among and be payable with any Installment payments to became due during erfor (1) the term of any <br />applicable insurance policy, or (2) the remaining term of me Note) or 10) be tremed as a balloon payment which will be due antl payable at the <br />NOM '5 maturity. The Dead of Trust also will secure payment of these armunts. The rights Provided for In this paragraph shall be In addition to <br />any other rights or any remedies to which Lander may be entl ed on ecooune of any default Any such action by Lender well not be construed as <br />