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DEED OF TRUST 2 0 Q 9 O s S O 3 <br />(C~ntinued) Page 3 <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Decd of Trust. <br />Maintenane® of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements pn a replacement basis for the full insurable value cpvering all Improvements on the Real Property in an amount <br />sufFcient to avoid applicatipn pf any coinsurance clause, and with a standard mortgagee clause in fever pf Lender, together with such <br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in farm, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable tp Lender. Truster, 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 opt be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy else shall include an endorsement providing that coverage in favor of Lender will opt be impaired in any way by any <br />act, omission or default of Trustor or any ether person. Shpuld the Real Property be located in an area designated by the Director pf <br />the Federal Emergency Management Agency as a special flood hazard area, Truster agrees tp obtain and maintain Federal Flood <br />Insurance, if available, for the maximum amount of Trustpr's credit line and the full unpaid principal balance of any prier liens on the <br />property securing the loan, up to the maximum policy limits set under the National Flapd Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance far the term pf the loan. <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 dp so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />electipn, 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, Truster shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds far 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 oat committed to the repair or restoration of the Property shall be used first tp 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 />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 E=xisting Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed pf 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 pf 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 />LENDER'S EXPENDITURES. If Trustor fails (A) tp 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 tp 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 purppses will then bear <br />interest at the rate charged under the Credit Agreement from the date incurred pr 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; (e) 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; pr (C) be treated as a balloon payment <br />which will be due and payable at the Credit Agreement's maturity. The Deed of Trust also will secure payment of these amounts.. The <br />rights provided for in this paragraph shall be in addition to any other rights pr any remedies to which Lender may be entitled on account of <br />any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that It otherwise <br />would have had. <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: (a) Trustor holds good and marketable title of record to the Prpperty 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, er 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 tp execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Truster warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action ar proceeding is commenced that questions Trustpr's title pr 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 cpunsel 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 />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 />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed pf 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 Trustor's <br />Indebtedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Llen. 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 />No Modification. Trustor shall not enter into any agreement with the holder pf any mprtgage, deed of trust, or other security <br />