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<br />200803647
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 2
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<br />cleanup or other costs under eny such law.; and 12) agrees to indemnify, defend, end hold harmless Lender .g.inst eny and ell
<br />claim., losses, liabilities, demage., penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from s
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether Or no"!; the same: was or should have
<br />been known to Trustor. The provi.ions ot thia section of the Deed of Trust, including the obligation to Indemnify and defend, shall
<br />survive the payment ot the Indebtedness end the satisfaction end raconvayence ot the nen of this Deed of Trust and shall not be
<br />affected by Lender's acquisition ot eny interest in the Property, whether by foreclosure or otherwise.
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<br />Nuisance, We.te. Trustor shall not cause. conduct or permit any nuisance nor commit, permit, Or suffer any stripping of or waate on
<br />or to the Property or any portion of the Property. Without limiting the generanty of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soli, gravel or rock products
<br />without Lender'. prior written consent.
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<br />Removal of Improvements. Tru.tor shall not demolish or remove any Improvements trom the Real Property without Lender's prior
<br />written consent. As a condition to the removal of sny Improvements, Lender may require T ruator to make errangements satisfactory
<br />to Lender to replace such Improvements with Improvements ot at leest equal value.
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<br />Lender's Right to Enter, Lender and Lender's agents and representatives may enter upon the Reel Property at all reesonable times to
<br />attend to Lender's intarests and to inspect tha Raal Property for purposas of Trustor's complianca with tha terma and conditions of
<br />this Deed of Trust.
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<br />Complience with Govemm.mtel Requirements. Trustor shall promptly comply with all laws, ordinances, and ragulations, now or
<br />hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, tha
<br />Americans With Disabilities Act, Trustor may contest In good faith any such lew, ordlnence, or regulation and withhold compliance
<br />during eny proceeding, Including appropriate appeals, So long as Trustor hes notlfled Lender In writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender may reqUire Trustor to pOSt edequste security
<br />or a surety bond, raasonably satisfactory to Lander, to protect Lender's Interest,
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<br />Duty to Protact. Trustor agrees neither to abandon or leave unattended the Property. Trustor ahall do all other acts, in addition to
<br />those acts set forth above In this section, which from the character and use of the Property are reesonebly necesssry to protect and
<br />preserve the Property.
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<br />TAXES AND LIENS, The following provisions relating to the taxes and liens on the Property are part of this Dead ot TrUst:
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<br />Peyment. Trustor shall pay when due (and in all event. prior to delinquency) all taxes, .pecial taxes, assa.sments, charges (Including
<br />water and sewerl, fine. and imposltlona levied again.t or on eccount of the Property, and shall pey when due sll claims for work done
<br />on or tor service. rendered or material fumished to tha Property. Trustor shall maintain the Property free of all liens heving priority
<br />over or equal to the interest of Lender under this Deed of Truat, except for the lien of texea and essessments not due end except ss
<br />otherwise provided In this Deed of Trust.
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<br />Right to Contest. Trustor may withhold payment of any tex, auessment, or claim in connection with a good faith dispute over the
<br />obligation to psy, so long as Lender's interest In the Property is not jeopardized. If a lien arises or Is flied as a rasult of nonpsyment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within tlfteen (15) days aftar Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lendar, deposit with Lander cesh or a sufficient corporate surety bond Or
<br />other security satisfactory to Lender In an amount sufficient to diacharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue es a result of a foreclosure or sale under the lien. In any contest, Trustor shell defend Itself end Lender and shall
<br />satisfy any adverse judgmant before enforcement against the Property. Trustor shall name lender as an additional obligee under any
<br />surety bond furnished In the contest proceedings,
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<br />Evldenoe of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of tha taxas or assassments and
<br />shall euthorlze the appropriate governmental offlclsl to deliver to Lender at any time e written stetement of the taxes and assas.ment.
<br />against the Proparty.
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<br />Notice of Construction. Trustor shall notify Lender at least fifteen (151 days before eny work Is oommenced, eny servlcea are
<br />furnished I or any materials are supplied to the Property, If any mechanlc's lien, materialmen IS lien, or other lien could be asserted On
<br />account of the work, service., or materiels, Trustor will upon request of Lender furnish to Lender advsnce sssurences 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 reletlng to Insuring the Property are a pert of this Deed of Trust.
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<br />Melmenance of Insurance, Trustor shallprooure and-malntein policies of fire insurance with standard extended coverage
<br />endorsements on a replecement basi. for the full insurable value covering aU Improvements on the Real Property in an amount
<br />sufficient to avoid applicadon of any coinsurance clause, and with a standard mortgagee clause In favor of lender. TrUstor shell also
<br />procure end maintain comprehensive general liability insurence In such Coverage amount. as Lender mey request with Truatee and
<br />Lender being nsmed as additionel insureds In such lIeblllty Insurance policies, Additionelly, Trustor shall maintain such other
<br />insurance, Including but not limited to hezerd, bualness Interruption, end boiler Insurence, es Lender may reasonably require. Policies
<br />shall be writtan in form, amounts, coverages and baela reasonebly acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, up,?n request of Lender, will deliver to Lender from time to time the policies or certificates
<br />at in.urance In form setlsfectory to Lender, including stipulations that coverages will not be cancellad or diminished without et least
<br />ten (10) days prior written notice to Landar. Eech ineurance policy also shall include an endorsement providing that coverage In favor
<br />of lender will not be impaited In any way by any act, omi.sion or default of Trustor or eny other person. Should the Real Property be
<br />locatad in an srea designated by the Director of the Federal Emergency Msnegement Agancy as a special flood hazard area, Trustor
<br />sgrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan end eny prior liens
<br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
<br />required by Lender, and to maintein such Insurance for the tarm of the loan,
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<br />Application of Prooeeds. Trustor shall promptly notify Lender of any lass or damage to the Property, Lender may make proof of loss
<br />If Trustor tails to do sa within flfteen (15) deys of the casualty. Whether or not Lendar's eecurlty Is impaired, Lender may, at Lender's
<br />election, receive and reteln the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, peyment of
<br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the procaeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements In e menner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pSy or: relmbur.e Trustor from the proceeds for the reasonable cost of repair or restoration If
<br />Trustor is not in deteult under this Deed of Trust, Any proceeds which have not been disbur.ed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoretlon of the Property shall be used first to pey eny amount owing to Lender
<br />under this Deed of Trust, then to pay accrued Interest, and the remelnder, if any, shall be applied to the principel balance of the
<br />Indebtednes.. If Lender holds any proceads aftar payment in full of the Indebtedness, such proceeds shell be peid to Trustor as
<br />Trustor's interests may appear.
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<br />Trustor's Raport on In.urance, Upon request ot Lender, however not mOra thsn Once a year, Trustor shell furnish to Lender e report
<br />on each existing policy of insurance .howing: (1) the name of the Insurer; (2) the risks Insured: (3) the amount of the policy; (41
<br />the property in.ured, the then current replecement value of such property, and the menner of determining that velue; and (5) the
<br />expiration dete at the policy. Trustor shall, upon request of Lender, have an Independent appraiaer satiafactory to Lender determine
<br />the cash value replacement GOst at the Property.
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<br />LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interast 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 la required to discharge or pey under thla Deed of Trust or eny Related Documents, Lender
<br />on Trustor's bahalf may (but shall not be obligated to) take any action thet Lendar deems appropriate, Including but not limitad to
<br />diSCharging or paying all taxes, liens, security interests, encumbrances and othar claims, at any time levied or pieced 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 rste charged under the Note from the date incurred or paid by Lendar to the dete of repayment by Trustor. Ail
<br />such expenses will become e part of the Indebtedness and, at Lender'e option, will (AI be payable on demand: IBI be added to the
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