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- - DEED OF TRUST 200208456 <br />Loan No: 774831 (Continuel Page 3 <br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, <br />st <br />Truor shall within fifteen (15) days after the lien arises or, it a lien is filed, within fifteen (15) days after Truster has notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />othersecurity satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and allorneVs' fees, or other charges <br />that could accrue as sult of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Truster shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <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 governmental official to deliver to Lander at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. Truster 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, materialmon'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 improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Dead of Trust. <br />Maintenance of Insurance. Truster shall procure and maintain policies of fire e with standard expanded coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an 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 amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Truster shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis racesmalby acceptable to Lander and issued by a company or companies reasonably <br />acceptable to Lander. 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 not be cancelled or diminished without at least tan (10) days <br />prior written notice to Lender. Each insurance policy also shall Include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Truster or any other person. Should the Real Property be located In an <br />ea designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Truster agrees to <br />obtain and maintain Fai l Flood Insurance, if available, within 45 days after notice is given by Lander that the Property is located in <br />a 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 limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />m oranue for the term of the loan. <br />Application of Proceeds. Truster shall promptly notify Lander of any less or damage to the Property. Lender may make proof of loss <br />If Truster fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />eluction, receive and retain the proceeds of any insurance and apply the proueede to the reduction of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair of the Property. If Lender cleats 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. Lander shall, upon <br />satisfactory proof of such expenditure, pay or mburse Truster 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 Igo days after their receipt <br />and which Lander has net committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lander <br />under this Deed of Trust, then to pay assumed interior, 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 interests may appear. <br />Trustor '• Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a repair <br />an each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the property in s e <br />red, the then currant replacement value of such property, and the m of determining that value; and (5) the <br />expiration date of the policy. Trustor shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine <br />the cash valve replacement cast of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Properly or if <br />Trustur fails to comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or Puy when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall riot be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security Interests, oncumbramous and other claims, at any time levied or placed on the Properly and <br />paying all ousts for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes <br />will then bear interest at the rate charged under the Note from the data incurred or paid by Lender to the date of repayment by Truster. All <br />such expenses will become a part of the Indebtedness and, at Lander's option, will (A) be payable on demand; (R) be added to the <br />balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other <br />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 Deed of Trust: <br />Title. Trustor warrants that: (a) Truster holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by. Lender In contraction with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority in execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Truster 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 />