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DEED OF TRUST <br />Loan NO: 1692872 20021078G (Continued) Paget <br />in effect, of all governmental authorities applicable to the use or occupancy of the Properly. Truster may contest in good faith any such law, <br />ordinance, or regulation and withhold compliance during any procaiding, including appropriate appeals, so long As Truster has notified <br />Lender in wAng prior to doing so and so long as, in Lender's sale opinion, Lender's interests In the Property are not jeopardized. Lender <br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lander, to protect Lender's interest. <br />Duty to Preted. Truster Agrees neither to abandon or Wave unattended the Property. Trustor shall do all other acts, in addition to those <br />sets 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 Properly are part of this Dead of Trust: <br />Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (Including water <br />and sewer), fines and Impositions levted against or on account of the Properly, and shall pay when due all claims for work done on or for <br />services tendered or material furnished to the Property. Trustor shalt maintain the Properly free of all liens having priority over or equal to the <br />Interest of Lender under this Dead of Trust, except for the lien of texas and assessments not due, except for the Existing Indebtedness <br />retained to below, and excepf as otMrwiae provided in this Deed Of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation <br />to pay, so long as Lenders interest in the Property is not jeopardized. If a lien arses or is filed As a result of nonpayment, Truster shall within <br />fifteen (15) days after the lien arses or, if a lien is filed, within fifteen (15) days after Truster has Malice of the filing, secure the discharge of the <br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lander in an <br />amount sufficient to discharge the lien plus any casts and attorneys' fees, or other charges that could accrue as a result of a foreclosure or <br />sale under the lien. In any Contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against <br />the Property. Truster shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings, <br />Evidence of Payment. Trustor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessment and shall <br />authorize the 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 shall notify Lender at least fifteen it 5) days before any work is commenced, any servicas are furnished, or <br />any materials are supplied to the PropeM, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, <br />services, or matenAlS. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Deed of Trust. <br />Maintenance of Insurance. Truster shall procure and maintain policies of fire insurance with standard extended coverage endorsements on <br />a fair value basis for the full Insurable value covering all Improvements on the Reel Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability Insurance as <br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued <br />by a Company or companies reasonably acceptable to Lender. Truster, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished <br />without at least thirty (30) days prior written notice to Lender. Each insurance policy also Shall include an endorsement providing that <br />coverage in favor of Lender will not be impaired In any way by any act, omission or default of Truster or any other person. Should the Real <br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special Hood hazard area. <br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Properly is <br />located in a special Hood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, <br />up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />Insurance far the term of the loan. <br />Application Of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if <br />Truster /ails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, <br />receive and retain the preoeeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting <br />the Property, or the restoration and repair of the Property. If Lender elect to apply the proceeds to restoration and repair, Truslor, shall <br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such <br />expenditure, pay Or reimburse Trustor from the proceeds for the reasonable Cost of repair or association if Trustor Is not in default under this <br />Dead of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or restoration of the Property shall be used Post to pay any amount owing to Lender under this Dead of Trust, then to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment <br />In full of the Indebtedness, such proceeds shall be paid to Truster as Truster's interests may appear. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained In the instrument evidencing such Existing Indebtedness shall Constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Dead of Trust would constitute a duplication of <br />insurance requirement. If any proceeds from the insurance become payable on loss, the provisions In this Dead of Trust for division of <br />proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. It Trustor tails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, <br />(5) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing <br />Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect <br />Lender's interest In the Property, then Lender on Truslor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for Such purposes will then bear interest at the rate charged <br />under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a pad of the <br />Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and <br />be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining <br />term of the 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 <br />secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which <br />Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender <br />from any remedy that it otherwise would have had, <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Dead of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free antl clear of all liens antl <br />encumbrances other than those set forth in the Real Property description or In the Existing Indebtedness section below or in any title <br />insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) <br />Trustor bas the full right, power, and authority to execute and deliver this Deed of Trust to Lander. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Properly against <br />the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Trusterss title or the Interest of Trustee or <br />Lender under this Deed of Trust, Truster shall defend the action at Truster's expense. Truster may be the nominal party in such proceeding, <br />but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own Choice, and <br />Truslor will deliver, or cause to be delivered, to Lender such instruments as Lander may request from time to flme to permit such <br />participation. <br />Compliance With Lewis. Truslor warrants that the Property and Truslor's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival Of Premises. All promises, agreements, and statements Trustor has made In this Dead of Trust shall survive the execution and <br />delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trusters Indebtedness <br />W paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a pad of this Dead of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly <br />