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DEED Or= TRUST <br />(Continued) `~ U U 9 ~ 5 6 51 Page a <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reaspnable 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. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinanoes, and regulations, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the <br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinanpe, or regulation and withhold compliance <br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior tp doing so and so Ipng as, <br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security <br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon nr leave unattended the Property. Truster shall do all ether acts, in addition to <br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and <br />preserve the Property. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <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 nn account of the Property, and shall pay when due all claims for work done <br />on pr 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 and except as <br />otherwise provided in this Dead of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or olaim in connection with a good faith dispute over the <br />obligatipn to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises ar is filed as a result of nonpayment, <br />Truster shall within fifteen (15) days after the lien arises nr, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge of the lien, nr if requested by Lender, deposit with Lender cash nr a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges <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 pbligee under any <br />surety bond furnished in the contest proceedings. <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 />Notice of Construction. Trustor shall notify Lender at least fifteen 1151 days before any work is commenced, any services are <br />furnished, or any materials are supplied tp the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted nn <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 pan and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Daed of trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis far the full insurable value covering all Improvements pn 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. Trustor shall also procure <br />and maintain comprehensive general liabili#y insurance in ouch coverage amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including bu# riot limited to hazard, tmsiness-interruption, -and--boifer irrsurance-r as Lender- may reasonably require. policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <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 pancelled or diminished without at least ten 110- days <br />prier written notice to Lender. Each insurance policy slap shall include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission nr 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 sepuring 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 />Application of Proceeds. Trustor shall promptly notify Lender of any Inss or damage to the Property. Lender may make proof of loss <br />if Trustor fails #p do so within fifteen (15) days of the casualty. Whether nr 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 tp restoration and <br />repair, Truster shall repair or replace the damaged nr destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay pr reimburse Truster 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 whiph 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 #p pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender hplds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <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: 11- the name of the insurer; 121 the risks insured; 131 the amount of the policy; 141 <br />the property insured, the then current replacement value pf such property, and the manner of determining that value; and 15- 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 pf the Property. <br />LENDER'S EXPENDITURES. If ahy action or proceeding is pammenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision of this Deed o.f Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and ether claims, at any time levied or placed on the Property and <br />paying all pasts for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes <br />will than bear interest at the rate charged under the Note 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 IA- be payable an demand; 1131 be added to the <br />balance of the Note and be appprtipned among and be payable with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or 12) the remaining term of the Nnte; or IC- be treated as a balloon payment whiph will be due and <br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other <br />rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: la- Trustor hplds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than these set forth in the Real Property description pr in any title insurance policy, title report, nr final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and Ib- Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <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 option or proceeding is commenced that questions Trustor's title or the <br />interest of Trustee nr Lender under #his 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 tp be represented in the proceeding <br />