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00000000000000235 <br />DEED OF TRUST 200214135 <br />Loan No: 4360736681 (Continued) Page 3 <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 />other secdrity satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or Other charges <br />that could accrue as a result 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. Trustor 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 Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen 115) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmom a lien, or other lien could be asserted on <br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Theater 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 Deed of Trust. <br />Maintenance of Insurance. Truster shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Trustor shall also <br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and <br />Lender being named a additional insureds in such liability insurance policies. Additionally, Theater shall maintain such other <br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies <br />shall he written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates <br />of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least <br />thirty 130) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in <br />favor of Lander will not be impaired in any way by any act, emission or default of Truster or any other person, Should the Real <br />Property be. located in an s <br />a designated by the Director of the Federal Emergency Management Agency a special flood hazard <br />area, Truster agrees to and in and maintain Federal Flood Insurance, if available, within 45 days after notice IS glven by Lender that <br />the Property Is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the <br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by I ender, and to maintain such Insurance for 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 <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 />election, receive and retain the proceeds 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. It Lender elects to apply the proceeds to restoration and <br />repair, Trustor shell repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon <br />satisfacory 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 not been disbursed within 1g0 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lander holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor es <br />Trader's interests may appear. <br />Trustor 'a Report on Insurance. Upon request of Lender, however not more then once a year, Trustor shall furnish to Lender a report <br />on each existing policy of insurance showing: It) the name of the In. (2) the risks insured; 13) the amount Of the policy: 14) <br />the property Insured, the then current replacement value of such property, and the manner 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 Lander determine <br />the cash value 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 Properly or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including our not limited to Trustor s failure to <br />discharge or pay when due any amounts Trusser is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and <br />paying all costs for Insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes <br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Truster. All <br />such expenses will became a part of the Indebtedness and, at Lender's Option, will (A) be payable on demand, (B) be added to the <br />balance of the Note and be apportioned among and be payable with any installment payments t0 became due during either (1) lire term of <br />any applicable Insurance policy; or (21 the remaining term of the Note; or lQ be treated a a balloon payment which will be due and <br />payable at the Note's maturity. The Dead 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 fallowing 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 <br />