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200207139 DEED OF TRUST <br />Loan No: 1551209 (Continued) Page 2 <br />written consent. <br />Removal of Improvements. Truslor shall nor demolish or remove any Improvements from the Reel Properly without Lender's chair written <br />consent. As a condition to the removal of any Improvements, Lender may require Truslor to make arrangements satisfactory to Lander to <br />replace such Improvement with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agent and representatives may enter upon the Real Properly at all reasonable times to <br />attend to Lende! s Interests and to InSpecl the Real Property for purposes of Tractor's compliance with the terms and conditions of this Dead <br />of Trust. <br />Compliance with Governmental Requirements. Truslor shall promptly comply with all laws, ordnanesS, and regulations, now or hereafter <br />in ellal of all governmental aulhorifies applicable to the use or occupancy of the Properly including without limitation, the Americans With <br />Disabilities Ad. Truslor may contest in good k'dh any such law, ordinance, or regularion and withhold compliance during any proceeding, <br />Including appropriate appeals, so Zang as Doctor has notified Lander in writing prior to dicing so and sic long es, In Lender's sale opinion, <br />Lender's inleresls In the Property are not jeopard vin Lender may regUlre Truster to post adequate security or a surely band, reasonably <br />satisfactory to Lender, to protect Lender's Interest. <br />Duty to Prated. Truslor agrees neither to abandon or leave unattended the Property. Trader shall do all other sale, in addition to those <br />al set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the <br />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 1i Shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br />and sewer), lines and Impositions levied against or on amount of the Properly, and shell pay when due all claims for work done on or for <br />sarraces rendered or materiel furnished to the Property. TNSIor shell maintain the Properly free of all liens having prienty over or equal to the <br />interest of Lender under this Deed of Trust, except far the lien of lazes and assessments not due, except for the Existing Indebtedness <br />referred to below, and except as olherwlse provided in this Dead of Trust. <br />Right to Contest. Truster may withhold payment of any lax, assessment, or claim in snar lion with a goad faith dispute over the obligation <br />to pay, sic long as Lender's Interest in the Properly Is nor Reappraise. It a lien arises or IS filed as a result of nonpayment, Truslor shall within <br />fifteen (15) days alter the lien arises or, If a Ilan Is filed, within fifteen (15) days enter Truro or has notice of the Ming, secure the discharge of the <br />lien, or 11 requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other Security satisfactory to Lender In an <br />cunt sufficient to discharge the lien plus any costs and allorneys' lees, or other charges that could adaus as a recall of a foreclosure or <br />ale under the lien. In any carries], Truster shall defend hell antl Lender and Shall Satisfy any adverse judgment before enforcement against <br />the Properly. Trader shell name Lender as an additional obligee under any surety bond furnished In the contest proceedings. <br />Evidence of Payment. Truster shell upon demand furnish to Lender sellsfedary evidence of payment of the taxes or assessments and shall <br />authored the appropriate governmental official to deliver to Lender at any lime a written statement of the taxes and assessments against the <br />Property. <br />Mothers of Construction. Tothi shall nobly Lender at least fi0een (15) days before any work Is commenced, any services are furnished, or <br />any matertals are supplied Truster l will upon request of Lander furnish to Lander advance assturances Satisfactory to Lenderthat Truslorcan and or <br />servivas, or will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Properly are a poll of this Deed of Trust. <br />Maintenance of Insurance. Truslor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on <br />a lair value basis for the full Insurable value covering all Improvements an the Real Property In an amount sufficient to avoid application of <br />any coinsurance pioneer and with a standard mortgagee clause in favor of Lender. Truslor shall also procure and maintain comprehensive <br />general liability Insurance in such coverage amounts as Lender may request with Trustee and Lender beNg named as additional insureds in <br />such liability insurance petals. Additionally, Truslor shall maintain such other insurance Including but not limited to hazard business <br />Interruption, and boiler insurance as Lender may reasonably require. Policies shell be written In form, amounts, coverages and basis <br />reasonably acceptable to Lender and tanned by a company or companies reasonably acceptable to Lender. Trulor, upon request of <br />Lender, will deliver to Lender from time to time the poldivis or certificates of Insurance in farm satisfactory to Lenba, including Simulations <br />that coverages will not be cancelled or diminished without at east thirty SO) days prior written nonce to Lender Each Insurance policy also <br />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 <br />Truslor or any other person. Should To Real Property be reached In an area designated by the Director of the Federal Emergency <br />Management Agency as a special flood hazard Sea, TNSIor ogees to obtain and maintain Federal Flood Insurance, If available, within 45 <br />days after nonce Is given by Lender that the Property Is located In a special flood named arm, far the NII unpaid principal balance of the loan <br />and any prior Ilene on the property securing the ban, up to the maximum policy limits set under the National Flood Insurance Program, or as <br />otherwise required by Lender, and to maintain such insurance for the term of the loan. <br />Application of Proceeds. Truster shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of foss it <br />Thaler falls to do so within fifteen (15) days of the casually. Whether or not Lender's Security IS Impaired, Lender may, at Lender's election, <br />receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting <br />the Property, or the restoration and repab of the Properly If Lender elects to apply the proceeds to restoration and repair, Trustor shall <br />repair or replace the damaged ar destroyed Improvements in a manner satisfactory to Lender. Lender shell, upon satisfactory proof of such <br />expenditure, pay or reimburse Truslor from the proceeds for the reasonable cost of repair or restoration If Truslor is not In default under this <br />Dead of Trust. Any proceeds which have nor been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or pubmaten of the Properly shall be used first to pay any amount owing to Lender under this Dead of Trust, then to pay accrued <br />Interest, and the remmbral it any, shell be applied to the prindpal balance of the Indebtedness. If Lender holds any proceeds after payment <br />In all of me Indebtedness, such proceeds shall be paid to Truslor as Trustor5 interests may appear. <br />Trustor a Report on Insurance. Upon request of Lender, however not more than once a year Trustor shall furnish to Lender a report on <br />each existing policy of Insurance showing (p the name of the insurer (2) the risks insured) (8) the amount of the policy; (a) the <br />property insured, the then current replacement value of such property, and the manner of determining that value, and (5) the stal ion <br />dale of the policy. Truster shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value <br />replacement coal of the Property. <br />LENDER'S EXPENDITURES. 11 any action of proceeding is commenced that would ma @rally Meal Lender's Interest In the Property or If Truslor <br />falls to comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Their, 's fallure to discharge or pay <br />when due any amounts Truslor Is RgolRd to discharge or pay under this Dead of Trust or any Related Documents, Lender on Tmstors behalf <br />may taut shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, <br />security access, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining <br />and flrsvrvmg the Property. All such expenditure Incurred or paid by Lander for such purposes will then bear interest at the rate charged under <br />the Note from the date incurred or paid by Lender to the date of repayment by Truslor. All such expenses will became a pert of the In holeadmens <br />end, at Lender's option, will (A) be payable on demand (N) be added to the balance of the Note and be apportioned among and be payable <br />with any installment payments to become due during either (1) the term of any applicable Insurance police or (2) the remaining term of the <br />Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment <br />of these amounts- Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust. <br />Title. Trustor warrants that (a) Truslor holds good and marketable title of record to the Properly in fee simple, from and clear of all liens and <br />encumbrances other than flmA@ eel faith in the Real Properly description or In any title Insurance policy, title report, or final title opinion <br />sued In favor of and accepted by, Lender In connection with this Deed of Trost, and (b) Truslor has the full right, Power, and authority to <br />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 against <br />the lawful Ga1ms of all persons- In the event any action or proceeding Is commenced that questions Trushars the or the Interest of Trustee or <br />Lender under this Dead of Trust, Tr ustar Sher defend the action at Truster '5 expense. Trustor may be the nominal party In such proceeding, <br />