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<br />200702694 <br /> <br />Property with interest thereon as provided by the Note and Deed of Trust from <br />the date of advance by Beneficiary to the date of payment by the Trustor. The <br />indebtedness and all obligations secured by this Deed of Trust may be referred <br />to herein as the "Secured obligationsH. <br /> <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and <br />special assessments of every kind, now or hereafter levied against the Trust <br />Estate or any part thereof directly, without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the <br />payment of the same. <br /> <br />3 . CONSTRUCTION OF IMPROVEMENTS. Trustor shall complete in a <br />good and workmanlike manner any building or improvements or repair relating <br />thereto which may be begun on the Property or contemplated by the loan secured <br />hereby, to pay when due all costs and liabilities incurred therefore and not to <br />permit any construction or materialman's liens against the Property. Trustor <br />also agrees, anything in this Deed of Trust to the contrary notwithstanding: <br />(a) to promptly commence work and to complete the proposed improvements <br />promptly; (b) to complete same in accordance with plans and specifications as <br />approved by Beneficiary; (c) to comply with all of the terms of any building <br />loan agreement between Trustor and Beneficiary; (d) to allow Beneficiary to <br />inspect the Property at all times during construction; and (e) to replace any <br />work or materials unsatisfactory to Beneficiary within 15 days after written <br />notice from Beneficiary of such fact, which notice may be given to Trustor by <br />registered or certified mail sent to its last known address, or by personal <br />service of the same. <br /> <br />4. INSURANCE AND REPAIRS. Trustor shall maintain fire and <br />extended coverage insurance insuring the improvements and buildings <br />constituting part of the Trust Estate for an amount no less than the <br />replacement value of such improvements or the amount of the unpaid principal <br />balance of the Note, whichever is greater. Trustor shall also maintain <br />comprehensive general liability insurance on the Property and, if any <br />construction of new improvements occurs after execution of this Deed of Trust, <br />completed operations coverage for two years after construction of the <br />improvements has been completed (on an "occurrence basisH against claims for <br />"personal injury" including, without limitation, bodily injury, death or <br />property damage occurring on, in or about the Property and the adjoining <br />streets, sidewalks and passageway), such insurance to afford immediate minimum <br />protection to a limit satisfactory to Beneficiary and in no event less than <br />$1,000,000.00 with respect to personal injury or death to anyone or more <br />persons or damage to property. Trustor shall also provide during the course of <br />any construction or repair of improvements on the Property builders completed <br />value risk insurance against "all risks of physical 10ssH including collapse <br />and transit coverage, during construction of such improvements, with <br />deductibles acceptable to Beneficiary, in non-reporting form, covering the <br />total value of work performed and equipment, supplies and materials furnished. <br />Such insurance policies shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancelable, terminable or modifiable without ten <br />(10) days prior written notice to Beneficiary. Trustor shall furnish <br />Beneficiary a certificate of insurance coverage at Beneficiary'S request, with <br />a provision in such certificate that the insurer shall provide Beneficiary ten <br />(10) days advance notice of any cancellation of the policy at any time for any <br />reason, or of expiration of policy without renewal thereof. In the event of <br />the foreclosure of this Deed of Trust or other transfer of title to the <br />Property, or any part thereof, by non-judicial foreclosure sale or deed in lieu <br />of foreclosure, the purchaser of the Property, or such part thereof, shall <br />succeed to all of Trustor's rights, including any rights to unexpired insurance <br />and unearned or returnable premiums, in and to all insurance policies required <br />by this section, subject to limitations on assignment of blanket policies, and <br />limited to such rights as relate to the Property or such part thereof. If <br />Beneficiary is made a party defendant to any litigation concerning this Deed of <br />Trust or the Property, or any part thereof or interest therein, or the <br />occupancy thereof by Trustor, then Trustor shall indemnify and hold Beneficiary <br />harmless from all liability by reason of such litigation, including all <br />attorneys fees and expenses incurred by Beneficiary in any such litigation, <br />whether or not any such litigation is prosecuted to judgment. This <br />indemnification shall survive the termination of the trust agreement. Trustor <br />shall promptly repair, maintain, and replace the Trust Estate or any part <br />thereof so that, except for ordinary wear and tear, the Trust Estate shall not <br />deteriorate. In no event shall the Trustor commit waste on or to the Trust <br />Estate. <br /> <br />federal, <br /> <br />5. ENVIRONMENTAL COMPLIANCE. <br />state, and local environmental laws, <br /> <br />Trustor shall comply with all <br />ordinances, rules, requirements, <br />