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DEED OF TRUST <br />Loan No: 15089 (Continued) 2 ~ ~~ U y J ~' S Page 2 <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Dead of Trust: <br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges lincluding <br />water and sewer, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work dons <br />on nr for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />aver or equal to the interest of Lander under this Deed of Trust, except for the lien of texas and assessments nor duo and except as <br />otherwise provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustnr shall procure and maintain policies of fire insurance with standard extended coverage <br />endnrsaments on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also <br />procure and maintain comprehensive general liability insurance in sunk anveraga amounts as Lender may request with Trustno and <br />Lender being named as additional insureds in such liability insurance pnliaies. Additionally, Trustnr shall maintain such other <br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lander may reasonably require. Policies <br />shall be written in farm, amounts, coverages and basis reasonably acceptable to Lender and issued by a company nr companies <br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates <br />of insurance in farm satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least <br />ten (10) days prlnr written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor <br />of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be <br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor <br />agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the Inan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise <br />required by Lender, and to maintain such insurance for the term of the loan. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision of this bead of Trust nr any Related Documents, including but not limited to Trustor's failure to <br />discharge nr pay when duo any amounts Trustnr is required to discharge nr pay under this Deed of Trust or any Related Documents, Lander <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate on the Property and paying all costs <br />for insuring, maintaining and preserving the Prnparty. All such expenditures incurred or paid by Lender for such purposes will then bear <br />interest at the rata charged under the Nate from the date innurrad or paid by Lender to the date of repayment by Trustor. All suah <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; IBI be added to the balance of <br />the Note and be apportioned among and be payable with any installment payments to become dun during either 11- the term of any <br />applicable insurance policy; nr (2) the remaining term of the Note; or ICI be treated as a balloon payment which will be due 'and payable <br />at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property era a part of this Deed of Trust: <br />Title. Trustor. warrants that: la) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />lions and encumbrances other than those set forth in the Real Prnparty description or 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 (b) Trustor has the full right, <br />power, and authority to execute and deliver this Dead 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 Prnparty <br />against the lawful claims of all parsons. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Default. Trustor fails to comply with any other term, obligation, covenant or condition contained in this Deed of Trust or in any <br />of the Related Documents. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />nr in any of the Related Documents. <br />Default an Other Payments. Failure of Trustnr within the time required by this heed of Trust to make any payment for texas or <br />insurance, nr any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Truster, the appointment of a receiver for any <br />part of Borrower's nr Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by nr against Borrower or Trustnr. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommndatinn <br />party of any of the Indebtedness nr any guarantor, endorser, surety, or accnmmndation party dies nr becomes incompetent, nr <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustnr's financial condition, or Lander believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lander in good faith believes itself insecure. <br />Right to Cure. Ii any default, other than a default in payment is curable and if Trustnr has not been given a entice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may ba cured if Trustnr, after Lander sands vuritten <br />notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than <br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient Yo cure the default and <br />thereafter continues and anmpletes all reasonable and necessary steps sufficient to produce anmpliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Borrower or <br />Trustor fail to anmply with any of Borrower's or Trustnr's obligations under this Deed of Trust, Trustee nr Lander may exercise any one or <br />more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Daad of Trust to be duo and payable and the soma shall thereupon became <br />due_~nd payable w.ithnut any presentrt?~ut, demand,-{arntest ar notice of any kind.. Thereafter, Lender may:-- <br />(a) Either in parson or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, nr any part thereof, in its <br />own Hama or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability nr rentability of the Prnparty, or part of the Prnparty or interest in the Prnparty; increase the income from the <br />Property or protect the security of the Prnparty; and, with or without taking possession of the Property, sue for nr otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of suah rants, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Daed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property nr the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note nr the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exeraisa the power of sale; <br />(b) Commenae an action to forealnsa this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof: and <br />Ic) Deliver to Trustee a written dealaration of default and demand for sale and a written notice of default and election to <br />