Laserfiche WebLink
DEED OF TRUST <br />Loan No: 779687 200315828 (Continued) Page 2 <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make <br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses <br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness <br />and the satisfaction of this Deed of Trust. <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. Trustor 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 material furnished to the Property. Trustor 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, except for the Existing Indebtedness <br />referred to below, and except as otherwise provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part 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 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. Trustor, 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 ten (10) 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 Trustor or any other person. The Real Property <br />is or will 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, for the full unpaid principal balance of the loan and any prior <br />liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise <br />required by Lender, and to maintain such insurance for the term of the loan. <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, (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 interests in the Property, then Lender on Trustor'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 Credit Agreement from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part <br />of the Indebtedness and, at Lender's option, will •(A) be payable on demand; (B) be added to the balance of the Credit Agreement and be <br />apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; <br />or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit <br />Agreement's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following 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 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 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, Trustor warrants and will forever defend the title to the Property against <br />the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed 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 />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 />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or makes a <br />material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Trustor's <br />income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment terms of the Credit <br />Agreement. (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, <br />failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, <br />transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another <br />lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor fail to comply <br />with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement secured <br />hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon <br />become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of <br />