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DEED OF TRUST <br />Loan No: 775925 200213687 (Continued) - Page 3 <br />general liability insurance in such coverage amounts as Lender may request with Trustee 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 Lender. Truster, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations <br />that coverages will not be cancelled or diminished without at least ten (10) days prior written notice 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 />Truster or any other person. The Real Property is or will 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, for the full <br />unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood Insurance Program, or as 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. Lender may make proof of loss if <br />Trustor fells to do so within fifteen (15) days of the casualty. Whether or net Lender's security is impaired, Lender may, at Lender's aleclion, <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. If Lender elects to apply the proceeds to restoration and repair, Truster shall <br />repair or replace the damaged or destroyed Improvement in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Truster from the proceeds for the reasonable cost of repair or restoration if Truster is not in default under this <br />Deed 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 Properly shall be used first to pay any amount 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 Trusters 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 Dead of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of <br />insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed 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 />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Truster 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 property, and the manner of determining that value; and (5) the expiration <br />date 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 Deed of Trust or any Related Documents, including but not limited to Trusters failure to comply with any <br />obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Truster Is <br />required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trusters behalf may (but shall not be obligated to) <br />take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances <br />and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such <br />expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or <br />paid by Lender to the date of repayment by Truster. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br />be payable on demand, (B) be added to the balance of the Note and be apportioned! among and be payable with any installment payments to <br />become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon <br />payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be <br />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 Deed of Trust: <br />Title. Truster warrants that: (a) Trustor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any hire <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 />Truster has the full right, power, and authority to 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 against <br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or <br />Lender under this Dead of Trust, Trustor shall defend the action at Trustor's expense. Trader 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 />Truster will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such <br />participation. <br />Compliance With Laws. Truster warrants that the Property and Trustor'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 Truster in this Deed of Trust shall <br />survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time <br />as Trustor's Indebtedness shall be paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a pad of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and infenor to an existing lien. Truster expressly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any <br />default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement <br />which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written <br />