Laserfiche WebLink
DEED OF TRUST 200214567 <br />Loan No: 1833480 (Continued) Page 2 <br />Compliance with Governmental Requirements. Truster shell promptly comply with all laws, ordinances, and regulations, now or hemalter <br />In effect, of all governmental authorom applicable to the use or occupancy of the Property. Trustor may contest In good alth any such law, <br />ordinance, or regulation and withhold compliance during any praceeding, Including appropriate appeals, so long as Trustor has notified <br />Lender in writing odor to doing so and so long as, in Lenders sale opinion, Lenders Interests in the Property are not jeopardized. Lender <br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. <br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Trustor 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. t <br />TAXES AND LIENS. The following provisions relating to the texas and liens an the Property are pan of this Deed of Trust: <br />Payment. Trustor shall pay when due (and In all events prior to delinquency) all fazes, 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 far <br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />interest of Lendx 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 Lenders Interest In the Property s not jeopardized. If a Ilan arses or is filed as a result of nonpayment. Trustor shall within <br />fifteen (15) days after the lien arises or, If a lien Is flied, within fifteen (15) days alter Trustor has notice at the filing, secure the discharge of the <br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lendx in an <br />amount sufficient to discharge the lien plus any costs and allorneys' lees, or other charges that could accrue as a result of a foreclosure or <br />sets under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against <br />the Property. Trustor shall name Lender as an additional obligee under any 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 assessmens and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the texas and assessment against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work i5 commenced, any services ere furnished. or <br />any materials are supplied to the Property, If any mechanic's lien, matenalmen's lien, or other lien could be asserted on account of the work, <br />services, or materials. 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. Trustor 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 Real Property in an amount sufficient to avoid application of <br />any coinsurance clarea, and with a standard mortgagee clause in favor ct 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 Lendx and Issued <br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or cenificetes of insurance in form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished <br />without at least thiny (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement prodding that <br />coverage In favor of Lender will not be Impaired in any way by any act, omission or default of Truslor or any other person. Should the Reel <br />Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, <br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days afar nofice is given by Lender that the Properly is <br />located in a specal flood 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 Nabonal Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Pro hi etla. Trustor shell promptly fatly Lender of any loss or damage to the Property. Lentler may make proof of loss f <br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security, is impaired, Lendx rimy, at Lenders Steelton, <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 repek, Trustor shall <br />repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lendx. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration it 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 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 afar payment <br />in lull of the Indebtedness. such proceeds shell be paid to Trustor as Trusters interests may appear. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, <br />(B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or <br />proceeding is commenced that would materially affect Lenders interests in the Property, then Lender on Trustor's behalf may, but is not required <br />to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such <br />purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the tlate of repayment by Trustor. <br />At such expenses will become a pad of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance <br />of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any <br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the <br />Nom's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to <br />any other rights of any remedies to which Lender may be entitled on account of any default. Any such action by Lendx shall not be construed as <br />curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The fallowing provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor 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 any title insurance policy, she report, or final tttie opinion <br />issued in favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Trustor has the lull right, power, and authority to <br />execute and deliver this Dead of Trust to Lender. <br />Defense of Title. Subject to the exception In the paragraph above, Trustor 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 Trustors title or the interest of Trustee or <br />Lender under this Deed of Trust, Trustor shall defend the action at Trusters 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 Lenders own choice, and <br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from firm to time to permit such <br />participation. <br />Compliance With Laws. Trustor warrants that the Property and Trusters use of the Property complies with all existing applicable Laws, <br />ordinances, and regulations of governmental authorities. <br />Survival of Promises. 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 farce and effect until such fine as Trusters Indebtedness <br />is paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Trust: <br />Proceedings. If any proceeding In condemnation Is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such <br />steps as rimy be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender <br />shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Trustor will <br />deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit <br />such participation. <br />Application of Net Proceeds. If all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding or <br />