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<br />Loan No: 101211868 <br /> <br /> <br />DEED OF TRUST <br />( Continued) <br /> <br />200700811 <br /> <br /> <br />Page 3 <br /> <br />otherwise provided in this Deed of Trust. <br /> <br />Right to Contest. Trustor may withhold payment of any tax, assessmentior claim in connection with a good faith dispute over the <br />obligation to pay, so long as Lander's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises or,if a lien is filed, within fifteen (15) days after Trustor has notice of the <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 security 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 undephelien., In any contest, Trustor shall defend itself and Lender and shall <br />satisfY any adverse judgment before enforcement against the Property. ..... TrustC\r shall name Lender as an additional obligee under any <br />surety bond furnished in the co~test proceedings. <br /> <br />Evidence of Payment. Trustor shall upC\n demand..furnishto 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 />,. " ' ': .~" : , " ,"" ' " ..( ,,:'" ~ , ,',,' " <br />Notice of Construction. . Trustorsl1all notify Lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />accollnt of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lenderthat Trustor can and will pay the cost of such improvements. <br />" "" . ' : "":,, ' .. ' , :: " : , ' , ' ",,': ' ~:"" '" : " : ' '. ,''' :' ,,: ' , . " , : " ",," ' ,,\ : ' ' , : ',' l ' <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the. Property are a part of this Deed of Trust. <br /> <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance. with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering. all Improvements on. the Real Property in an amount sl,lfficient <br />to avoid. application of any coinsurance clause, and with a standard IT!ortgagee clause in favor otl,ender. Trustor shall also procure <br />and maintain comprehensive gElneral liability insurance in such coverage amounts. as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. .' Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard; business interruption, and boiler insurant:Ei, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lendar and issued by a company or companies reasonably <br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminishedwithout at least ten (10) days <br />prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will <br />notbe ilT!paired in any. way by any act, omission or default of Trustor or any other.person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in <br />a special flood hazard area,' for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to <br />the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for theterni of the loan. <br /> <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 Trustor 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 "iffecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Trustorshallrepair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, payor 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 180 days after their receipt <br />and which Lendar 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 Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br /> <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report <br />on eachexistirig policy of insurance showing: (1) the naine of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <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 Lender determine <br />the cash value replacement cost of the Property. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor 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 Trustor. All <br />such expenses will become 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 to become due during either (1) the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (e) be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed 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 /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br /> <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 <br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />