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<br />loan No: 101214657
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200709603
<br />
<br />Page 2
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<br />to mllke such inspections llnd tests, lit Trustor's expense, as Lender mllY deem llpproprillte to determine complillnce of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mllde by Lender Shllll be for Lender's purposes only and shall not be
<br />construed to create any responsibility or lillbility on the pllrt of Lender to Trustor or to llny other person. The representlltions and
<br />wllrrllnties contllined herein lire bllsed on Trustor's due diligence in investigating the Property for HllZllrdous Substllnces. Trustor
<br />hereby (1) relellses llnd wllives llny future claims against Lender for indemnity or contribution in the event Trustor becomes lillble for
<br />cleanup or other costs under any such IIlWS; llnd (2) llgrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />brellch of this section of the Deed of Trust or liS II consequence of any use, generlltion, mllnufllcture, storllge, disposlll, relellse or
<br />threlltened relellse occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should hllve
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfllction llnd reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property. whether by foreclosure or otherwise.
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<br />Nuisance, Waste. Trustor shall not cause, conduct or permit llny nuisllnce nor commit, permit. or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, llny timber, minerals (including oil and gas), coal, ClllY, scorill, soil, grllvel or rock products
<br />without Lender's prior written consent.
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<br />Removal of Improvements. Trustor shall not demolish or remove llny Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
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<br />Lender's Right to Enter. Lender and Lender's agents and representlltives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
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<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, llnd regulations, now or
<br />hereafter in effect, of all governmentlll lluthorities llPpliCllble to the use or occupancy of the Property. Trustor mllY contest in good
<br />faith llny such IllW, ordinllnce, or regullltion and withhold compliance during llny proceeding, including appropriate appeals, so long as
<br />Trustor hilS notified Lender in writing prior to doing so and so long liS, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopllrdized. Lender mllY require Trustor to post adequate security or II surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
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<br />Duty to Protect. Trustor llgrees neither to abandon or leave unllttended the Property. Trustor shall do all other acts, in addition to
<br />those llctS set forth above in this section, which from the chllrllcter and use of the Property lire rellsonably necessllry to protect llnd
<br />preserve the Property.
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<br />TAXES AND LIENS. The following provisions relllting to the tllxes llnd liens on the Property are pllrt of this Deed of Trust:
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<br />Payment. Trustor Shllll PllY when due (and in all events prior to delinquency) 1111 tllxes, specilll taxes, assessments, charges (including
<br />wllter llnd sewer), fines llnd impositions levied against or on llccount of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of tllxes llnd llssessments not due, except for the
<br />Existing Indebtedness referred to below, llnd except as otherwise provided in this Deed of Trust.
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<br />Right to Contest. Trustor mllY withhold pllyment of any tax, assessment, or clllim in connection with II good faith dispute over the
<br />obligation to pay, so long liS Lender's interest in the Property is not jeopllrdized. If II lien llrises or is filed as II result of nonpayment,
<br />Trustor shllll within fifteen (15) days after the lien arises or, if II 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 llttorneys' fees, or other chllrges
<br />that could accrue as a result of II foreclosure or Sllle under the lien. In any contest, Trustor Shllll defend itself llnd Lender llnd Shllll
<br />satisfy any adverse judgment before enforcement against the Property. Trustor Shllll nllme Lender liS lln lldditional obligee under llny
<br />surety bond furnished in the contest proceedings.
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<br />Evidence of Payment. Trustor Shllll upon demllnd furnish to Lender satisfactory evidence of pllyment of the tllxes or llssessments llnd
<br />Shllll lluthorize the llppropriate governmental official to deliver to Lender lit llny time a written statement of the taxes and assessments
<br />llgainst the Property.
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<br />Notice of Construction. Trustor Shllll notify Lender lit least fifteen (15) days before any work is commenced, llny services are
<br />furnished, or any materials lire supplied to the Property, if any mechanic's lien, materilllmen's lien, or other lien could be llsserted on
<br />llccount of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property lire II part of this Deed of Trust.
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<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurllnce with standard extended covemge
<br />endorsements on a fair value basis for the full insurllble vlllue covering all Improvements on the Real Property in an llmount sufficient
<br />to avoid application of any coinsurllnce cllluse, llnd with a standard mortgagee clause in favor of Lender, together with such other
<br />hllZllrd llnd Iillbility insurllnce as Lender may reasonably require. Policies Shllll be written in form, amounts, coverages and basis
<br />rellsonllbly llcceptllble to Lender and issued by a company or compllnies rellsonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cllncelled or diminished without at least ten (10) days prior written notice to Lender. Elich
<br />insurance policy also shall include lln endorsement providing that coverage in favor of Lender will not be impllired in llny WilY by llny
<br />llCt, omission or defllult of Trustor or any other person. Should the Relll Property be locllted in an area designated by the Director of
<br />the Federlll Emergency Management Agency as a special flood hllzllrd llrell, Trustor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, for the full unpllid principlll blllllnce of the loan and any prior liens on the property securing the 101ln, up to the
<br />maximum policy limits set under the Nlltionlll Flood Insurance Program, or as otherwise required by Lender, llnd to mllintllin such
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