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<br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200800125 <br /> <br />Page 2 <br /> <br /> <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental laws. Trustor authorizes lender and its agents to enter upon the <br />Property to make such inspections and tests as lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against lender for indemnity or contribution <br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold <br />harmless lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation <br />to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br /> <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br /> <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account 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 taxes and assessments not due, except for the <br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. <br /> <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" stan-iJard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of lender, together with such other <br />hazard and liability insurance as lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to lender and issued by a company or companies reasonably 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 cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, for the maximum amount of Trustor's credit line and the full unpaid principal balance of 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 />lENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to <br />maintain Existing Indebtedness in good standing as required below, then lender may do so, If any action or proceeding is commenced that <br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that <br />lender believes to be appropriate to protect lender's interests. All expenses incurred or paid by lender for such purposes will then bear <br />interest at the rate charged under the Credit Agreement 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 Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) <br />the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment <br />which will be due and payable at the Credit Agreement's maturity. <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 warrant~ and will. forever defend the title .to .the Property <br />against the lawful claims ohill persons. <br /> <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deeo of Trust: <br /> <br />Existing lien. The lien of this Deeo of Trust securing the Inoebtedness may be seconoary ano 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 />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits frauo or <br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment <br />terms of the Credit Agreement. (C) Trustor's action or inaction adversely affects the collateral or lender's rights in the collateral. This <br />can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all <br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without lender's permission, <br />foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor fail to <br />comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise anyone or more of the following rights <br />and remedies: <br /> <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall <br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, lender may: <br /> <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 />