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<br />.<" <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200710-153 <br /> <br />Page 3 <br /> <br />Loan No: 1.0121503b ' ' <br /> <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 diminished without 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 />not be impaired 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, for the full unpaid principal balance of the loan and any prior liens on the <br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance for the term 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 affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair 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 Lender 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 />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <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 each existing policy of insurance showing: (1) the name 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 />comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but <br />shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, <br />security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, <br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the <br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become <br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (6) be added to the balance of the Note and be <br />apportioned among and be payable with any installment payments to become due during either (1 I the term of any applicable insurance <br />policy; or (2) the remaining term of the Note; or (el be treated as a balloon payment which will be due and payable at the Note's <br />maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to <br />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 the Existing Indebtedness section below or in <br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br /> <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation, <br /> <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br /> <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect <br />until such time as Trustor's Indebtedness shall be paid in full. <br /> <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br /> <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br /> <br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />