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<br />/ <br /> <br /> <br />I"~"~ <br /> <br />Loan No: 1012'6919 <br /> <br /> <br />DEE DQFIBY SI <br />(Continuid) <br /> <br /> <br />2008 059 '(,6 <br /> <br /> <br />Page 3 <br /> <br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br /> <br />Evidence of Payment. Trustor shall upon demand furnish to lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver to lender at any time a written statement of the taxes and assessments <br />against the Property. <br /> <br />Notice of Construction. Trustor shall notify lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account 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. <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 standard 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 full unpaid principal balance of the loan and any prior liens on th'e property securing the loan, up to the <br />maximum policy limits set under the National Flood Insurance Program, or as otherwise required by lender, and to maintain such <br />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 />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, or (C) to make repairs to the Property then lender may do so. If any <br />action or proceeding is commenced that would materially affect lender's interests in the Property, then lender on Trustor's behalf may, <br />but is not required to, take any action that lender believes to be appropriate to protect lender's interests. All expenses incurred or paid by <br />Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a part of the Indebtedness and, at lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during <br />either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which lender may be entitled on account of any default. <br />Any such action by lender shall not be construed as curing the default so as to bar lender from any remedy that it otherwise would have <br />had. <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 any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />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 Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's <br />Indebtedness is paid in full. <br /> <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br /> <br />~',' ..~,._~~....~L. <br />