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Loan No: 10123S3A6 <br />DEED OF TRUST 2 010 0'7'7 5 4 <br />(Continued) Page 3 <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Malntenance 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 an the Real Property in an amount sufficient <br />to avoid application of �ny 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 requirs. Pnlicies shall be written in form, amounts, coverages and basis <br />reasnnably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. 7rustor, 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 nvt be cancelled or diminished without at least ten (10) days prior written notice ta Lender. Each <br />insurance policy also shall include en 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 Incated in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustar 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 the property securing the loan, up to the <br />maximum policy limits set under the National Flood Insurance Prpgram, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the laen. <br />Application of Proceeds. 7rustor shall prpmptly notify Lender of any loss or damage to the Property. Lender may make proaf of loss <br />if Trustor fails to da sa 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 �nd <br />repair, Trustar shall repair pr 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 tha 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 ta pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, end the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds aftar payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appaar. <br />Cvmpliance 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 Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of 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 beed of 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 EXPENDI7URES. If 7rustor feils (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, (C) to make repairs to the Property or to comply with any obligation to <br />maintain �xisting Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that <br />would meterially affect Lender's interests in the Property, then Lender on 7rustor's behalf m�y, but is npt required to, take any action that <br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred vr paid by Lender for such purposes will then bear <br />interest at the rate charged under the Note from the date incurred or paid 6y Lender to the date of repayment by Trustor, All such <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance nf <br />the Note and be appprtioned among and be payable with any instaliment payments to become due during either (1) the term ot any <br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a ballqon payment which will be due and payable <br />at the Note's maturity. The Deed of 7rust also will secure payment of these amounts. The rights provided for in this paragraph shall be in <br />addition to any other rights or any remedies ta which Lender may be entitled on account of any default. Any such action by Lender shall <br />not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The Fallowing provisions rslating tn ownarship of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: la) Trustor hoids gpod 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 the Existing Indebtedness section below or in <br />any title insurence policy, title report, or final title opinion issued in favor pf, and accepted by, Le�der in connection with this Deed of <br />Trust, and (b) 7rustor has the full right, power, and authority to execute and deliver this Deed of 7rust 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 action or proceeding is commenced that questions Trustor's title or the <br />in#erest of Trustee or Lender under this peed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shatl 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 />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, prdinances, and regulations of governmental authorities. <br />5urvival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery pf this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until suah time as Trustor's <br />Inde6tedness is paid in full. <br />EXISTING INDEBTEDNESS. The following provisions conceming Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly cpvenants 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 />Mo Modificatian. Trustor shsll not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />