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200207329 <br />DEED OF TRUST <br />Loan No: 774534 <br />(Continued) Page 3 <br />Americans With Dy,ulhi Act T eater no, contact -a good f. in a,, each la or ne"forch and winded courphou.. <br />during any proceeding, Including appropriate appeals on long as Truster has tifled Lender - a w 't g prior to JJ g an and so long as, <br />in Lender's sale opinion, Lender's interests is the Property are not jeopardized. Lender may require Truster to post ad r eta security <br />or rety bond, reasonably satisfactory to Lender, to project Lender's Interco(. <br />Duly to Protect. Trustor agrees neither to abandon at leave unattended the Property. Truster shall do all other acts, In addition to <br />,base acts set both above is this sectionr which hone the character and use of the Property arc reasonably necessary to protect and <br />ateerve the Property. <br />TAXES AND LIENS. The folluwing provisions ralatinq to the taxes and [inns on the Property are par, of this Deed of Trust: <br />Payment. Trusmr shall pay when duo (and in all events prior to delinquency) all taxes, special taxes, assessments, charges linolarl <br />,.,at and sewer), fines and impos sure, levied against or an account of the Property, and shall pay wnmi due all claims for work done <br />on or for vices rendered n material furnnbed to the Properly- Truster shall maintain the Property free of all liens having priority <br />over o equal to the interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not dun and except as <br />otherwise provided In this Dead of Trust. <br />Right to Contest. Truster may withhold paymen, of any tax, aanrsment, or claim in annnection with a goad faith dispute over the <br />obllyatinn to pay, so long as Lender's Internal In one Property Is pmt jeopardized. It a lien arises or is filed as a r suit of nonpayrarea, <br />Truster shall within fifteen (15) days after the lien arises or, if a Ilan Is filed, within fifteen it 5) days after Truster has notice of the <br />filing, occurs the discharge of the liars, or if requested by Lender, deposit with Lender cash or a sufficient corporate pointy bond or <br />other security s— atisfactory to Lender In an amount suffiTent to discharge the lien plus any costs and attorneys' fees, or Inner charges <br />that could accrue as suit of a foreclosure c r sale under the has In any contest, Trustor shall defend itsee and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Truster shall paint, Lender as an adddli n ligere under any <br />surety bond furnished in the uuntasl proceedings. <br />Evidence of Payment. Truster shall upon demand furnish to Lenrmr satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver be Lender at any time a written statement of the taxes and assessments <br />against doe Prnnarty. s are <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work Is commenced, any service <br />furnished, or any rk, yeah are or materials, Tmsroeftylliu any Mechanic's of Lender furnish to L nder advanceralssurance satisfactory to <br />account that the work, s pen request <br />Lender (M1at Traitor can and pay the cost of such Improvements. <br />PROPERTY DAMAGE INSURANCE. The t.11.w1n1 provisions vial to Insuring the Property are a part of this Deed of Trust. <br />Maintenance o f Insurance. Trustor shall procure and maintain policies of fire Insurance with standard extended coverage <br />eadam menus on a fair value basis for the full insurable value covering all Improvements on one Real Property in an amount sufficient <br />to oitl applicotion of any consprorep, siouse, and with a standard mortgague claxic favor of Leader. Trustor shall also procure <br />,oil maintain p(rup-happrive general liability insurance in pool, coverage amounts Lender may request -41, Trustee and Lender <br />be ng named as add run l hu—edi 'a such liability insurance policies Additionally Tractor shall maintain such other inadarrace, <br />Inelutlmg but no, Isubbed to hazard, business Interruption, . <br />Interruption, and bailer Insurance, as Lender ny reasonably require Ponies shall be <br />-upers in form amounts cov g - d h.cm reasonably ac—ptable to Lender and issued by a couture, or ' ' certificates companies reasonably <br />acceptable to Lender Trustor, up request f Lender, 11 d r Lender r f t u t the Policies t a <br />in 1 satisfactory to Lender, including sip IaC <br />that coverages ll not be cancelled or climinsided withoul. at least ten (10) days <br />prior written notice to Lentler. Each insurance policy also shall include an a Inrsement providing that coverage in favur of Lender will <br />not be imported In any way by any act, omission or tlebult of Trustor or any other person. Should lire Real Property be lou,ned in a <br />a designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />Obtain and maintain Fedora.. Flood Insurance, If available. within 45 Jays after notice is yIvan by Lender that the Property is located m <br />a special flood hazard area, for the full unpaid principal balance of the loan and any prior limes an the property sequins the loan, up to <br />the maximum policy limits 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 Fourthly faulty Lender of any loss or damage to the Property. Lender tmY make proof of loss <br />If T-i fails to do so will.... fifteen (15) tlays of tba ....altµ Whether or not Leader's sc iy is Impalretl. Lender may, at Lender's <br />election, receive and retain the pecoads 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 Leader elects to apply the proceeds to restoration and <br />refine, Trustor shall repair or replace the denaged or destroyed bnpmvaments Ina mearal sauisfaetory to Lender- Lender shall, upon <br />satlabctorV 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 tot been disbursed whian 180 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall he used first to pay any amount owing to Lender <br />under dus Deed of Trust than to pay actmod Interest, and the ry mladeq of any shall be applied to the principal balance of (n$ <br />Indebtedness. If Lender holds any proceeds alter payment in full of ant, Indebtedness, such precaads shall be paid to Trustor a <br />Trustor's interests may appear. <br />Trustor s Report on Insurance. Upon request of Lander, however not more then once a year, Trustor shall lundsh m Lender a r,poll <br />on ech existing p0hey of Insurance showing: 0) the name of the Insurer, (2) the risks 6nsurad; (3) the am.ert of the policy: (4) <br />the property insured, the then current replacement vela. of such propertyr and the manner of dctermimng that value; and (5) the <br />expiration date of the policy. Truslor shall, upon request of Lenderr have an Indep.m.ut appraiser satisfactory to Lentler determine <br />The Bash value replacement enst of the Property. <br />LENDER'S EXPENDITURES. If any acllon or proceeding In commenced that would materially affect Lender's Interest in the Property or If <br />Trusmr fails to comply with any provision of this Deed of Trust or any Related Douu Ceres, including but not limned to Trusl.n's failure to <br />discliarga or pay when due any amounts factor Is required to atypical. ar pay under this Dead of Trust or cry Related Documend. Lender <br />on Los toa's behalf may (but shall eat be obbyated m) take any aotan that Lender deems appropriate, Including our not limited to <br />