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DEED OF TRUST 2 0 0 2119 76 <br />Loan No: 1604636 (Continued) Page 2 <br />of Trust. <br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With <br />Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, <br />including appropriate appears, so long as Truster has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, <br />Lender's interests in the Property are not jeopardized. Lender may require Truster to post adequate security or a surety bond, reasonably <br />satisfactory to Lender, to protect Lender's Interest. <br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in addition to those <br />acts 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. 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 levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or materiel furnished to the Property. Truster shall maintain the Property free of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this <br />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 Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Truster shall within <br />fifteen (15) days after the fen arises or, if a lien Is filed, within fifteen (15) days after Truster has notice of the filing, secure the discharge of the <br />lien, or if requested by Lender, deposit with Lender cash or a sufficienl corporals surely bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of foreclosure or <br />sale under the lien. In any contest, Truster 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 surely 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 shall <br />authorise the appropriate governmental official to deliver to Lender at any time a written statement of the lazes and assessments against the <br />Property. <br />Notice of Construction. Truster shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnishetl, or <br />any materials are supplied ke the Property, it any mechanic's lien, matenatmen's lien, or other lien could be asserted on account of the work, <br />services, or materials. Truster will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Truster can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part 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 yelue basis far the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lentler, Truster shall also procure and maintain comprehensive <br />general liability insurance in such coverage amounts as Lender may request with Thai and Lender being named as additional insureds in <br />such liability insurance policies. Additionally, Truster shall maintain such other insurance, including but not limited to hazard, business <br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written In form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lentler. Truster, upon request of <br />Lender, will deliver to Lender from time to lime the policies or certificates of insurance in form satisfactory to Lender, including simulations <br />that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lentler. 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 />Truster or any other person. Should the Real Properly be located in an area designated by the Director of the Federal Emergency <br />Management Agency as a special flood hazard area, Truster agrees to obtain and maintain Federal Flood Insurance, if available, within 45 <br />days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan <br />and any prior liens on the property securing the loan, up to the maximum policy limits set under the Nali real 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 relay Lender of any loss or damage to the Properly. Lender may make proof of loss if <br />Truster falls to do se 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 lien affecting <br />the Property, or the restoration and repair of the Property. II Lender elects to apply the proceeds to restoration and repair, Truster shall <br />repair or replace the damaged or destroyed Improvements in a manner salisfactory to Lender. Lender shall, upon salislaclory proof of such <br />expenditure, pay or reimburse Truster from the proceeds for the reasonable cost of repair or restoration If Trustor is not in default under Ihis <br />Deed of Trust. Any proceeds which have not been disbursed within 180 tlays after their receipt and which Lender has not committed to the <br />repair or restoration of the Property shall be used first to pay any ameunl owing to Lender under this Deed 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 />Truator's 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: (1) the name of the Insurer; (2) the risks insured; (3) the amount of the policy; (4) the <br />property insured, the then current replacement value of such properly, and the manner of determining that value', and (5) the expiration <br />dale of the policy. Truster shall, upon request of Lentler, have an independent appraiser satisfactory to Lender determine the cash value <br />replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or If Truster <br />fails to comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Truster 'a failure to discharge or pay <br />when due any amounts Truster is required to discharge or pay under this Deed of Rust or any Related Documents, Lender on Truster's behalf <br />may (but shall not be ebiigaled to) lake any action that Lender deems appropriate, Including but not limited to discharging or paying all lazes, <br />liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining <br />and preserving the Property. All such expenditures incurred or paid by Lender 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 Truster. All such expenses will became a part of the Indebtedness <br />and, at Lender's option, will (A) be payable on demand; (U) be added to the balance of the Note and be apportioned among and be payable <br />with any palatal payments to become due during either (1) the term of any applicable Insurance policy: 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 Notes maturity. The Deed of Trust also will secure payment <br />of these amounts. Such right shall be In addition to all ether rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. Ths following provisions relating to ownership of the Property are a part of this Dead of Trust: <br />Title. Truster warrants that: (a) Truster holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than these set forth In the Real Property description or In any title insurance policy, title report, or final lille opinion <br />issued in favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Truster 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, Truster warrants and will forever sp end the title to the Properly against <br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trusters title or the interest of Trustee or <br />Lender under this Deed of Trust, Truster shall defend the action at Truster's expense_ Trustor 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 a own choice, and <br />Truster will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to lime to permit such <br />participation. <br />Compliance With Lewis. Truster warrants that the Property and Truster's use of the Property complies with all existing applicable laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Truslor in this Deed of Trust shall <br />