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DE Ca� nuedl 2 010 o s 10 � Page 2
<br />threatened release occurring pripr to Trustor's ownership or interest in the Property, whether or not the seme was or should have
<br />been known to Trustnr. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survivs the payment ot the Indebtedness and tha satisfaction and reconveyance of ths lien of this Deed of Trusf end shall nat 6e
<br />affected by Lender's acquisition nf any interest in the Property, whether by fpreclosure or otherwise.
<br />Nuisence, Waste. Trustor shall not ceuae, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Praperty or any portion pf the Property. Withaut limiting the generality of the foregoing, Trustor will nat remove, ar grant to
<br />any other party the right to remove, any timber, minerels (including oil and gas►, coal, clay, scaria, soil, gravel or rock prnducts
<br />withnut Lender's priar written consent.
<br />Removel of Improvements. 7rustor ahall not demolish or remove any Improvements from the Real Prnperty withaut Lender's prior
<br />written cansent. As a conditian to the remaval of any Improvemants, Lender may require Trustor ta make arrangements satisfactary
<br />to Lender to replace such Improvements with Improvemants of at least equal value.
<br />Lender's Right to Enter. Lender end Lender's agents and represente#ives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests end to inspect the Real Property for purposes of Trustor's compliance with the terms snd conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. "frustnr shall promptly comply with sll laws, ordinances, end regulations, now or
<br />hereafter in effect, of all governmental authprities applicable to the use ar occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith eny such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, sa long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />" in �ender's snls opinion, Lender's interests in ths Property are not jeopardized. Lender may require Trustor ta post adequate security
<br />or a surety bnnd, reasonably satisfactory to Lender, to pratect l.ender's interest.
<br />quty to Protect. Trustor agrees neither to ebsndon or leave unattended the Property. Trustor shsll dq all other acts, in additipn to
<br />those ec#s set fnrth above in this section, which from the character end use of the Property are reasonably necessary to prptect and
<br />preserve the Property.
<br />7AXES AND LIENS. The following provisions relating ta the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. T�ustnr shell 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 on accaunt nf the Property, and shall pay when due all claims for work done
<br />on or for services rendered or msterial furnished to the Property. Trustor shall maintein 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 pf texes and assessments nat due and except ss
<br />otherwise provided in this Deed of Trust.
<br />Right to Cantest. 7rustnr may withhold paymsnt nf any tax, assessment, nr claim in connection with a good faith dispute over the
<br />obligation to pay, so long as lender's interest in the Property is not jeopardized. If a lien erises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) deys after the lien arises or, if a lien is filed, within fiftsen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if raquested by Lender, deposit with Lender cash or a sufficisnt corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and et#orneys' fees, or other charges
<br />that cnuld eccrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shell 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 satisfactary evidence of payment of the taxes ar assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes end assessments
<br />against the Property.
<br />Notice of Constructian. Trustor shall notify Lender at least fifteen (151 deys before any work is cammenced, any services are
<br />furnished, or any materials are suppliad to the Property, if any mechenic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will upan request of Lender furnish ta Lender advance assurances satisfactory to
<br />Lender that Trustor esn and will pay the cost of such improvements.
<br />PROPERTY DAMAG� INSURANCE. The fnllowing provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable velue covering all Improvements on the Real Property in en amount sufficient
<br />to avoid application pf any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general lisbility insurance in such coverage emounts as Lender may request with Trustee and Lender
<br />being named as additional insurads in such liability insurance policies. Additionally, Trustor shall maintain such nther insurance,
<br />including but not limited to hezard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be
<br />written in form, �mounts, coverages and basis reasona6ly acceptable to Lender and issued by a company or companies reasanably
<br />epceptable to Lender. Trustor, upan request of Lender, will deliver to Lender from time ta time the policies or certificates of insurance
<br />in form satisfactory to Lender, including stipulations that coverages will not be cencelled or diminished withput at least ten (10) days
<br />prior writtsn notice to Lender. Each inaurance policy also shall include en endorsement providing thst caverage in favor of Lender will
<br />not be impaired in any way by eny act, omission or default nf Trustor or any other person. Should the Real Property be located in an
<br />area designated by the Director of the Federal Emergancy Management Agency as a special flood hazard area, Trustor agrees to
<br />obtain and maintein Federal Flood Insurance, if evaileble, for the full unpaid principal balance of the loan and any prior liens on tha
<br />property securing the loen, 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 fqr #he term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to tha Property. Lender mey meke proof of loss
<br />if 7rustor fails to do so within fifteen (15) days of #he casualty. Whether or nvt Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds nf any insurance and apply the proceeds to the reduction nf the Indebtedness, payment of
<br />any lien affecting the Property, or the restoration and repair of the Propsrty. If Lender elects to apply the proceeds to restnrstion and
<br />repair, Trustor shall repair nr replace the damaged or deatrpyed Improvements in a menner satisfactory to Lender. Lender shall, upon
<br />satisfectary proof of such expenditure, pay ar rsimburse Trustor from the proceeds for the reasonable coat of repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any prviceeds which have not been disbursed within 180 days sfter #heir receipt
<br />and which Lender hss not committed to the repair or restoration of the Property shall be used first to pay any emount owing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall ba applied to the principal balance of the
<br />Inde6tedness. If Lender hplds any praceeds after paymant in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />7rustor's interests msy eppear.
<br />Trustor's Repprt on Insurance. Upon request af Lender, however not more than once a year, "frustor shell furnish to Lender a report
<br />pn each existing policy of insurance shpwing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replacement value of such property, and the manner qf determining that value; end (5) the
<br />expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory ta Lender determine
<br />the cash vslus replanement cost of the Property.
<br />L@NbEFi'S EXPENDITURES. If any action or proceeding ia cpmmenced that would materially affect Lender's interest in the Property or if
<br />T'rustnr feils to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
<br />discharge or pay when due any amounts Trus#or is required to discharge nr pey under this Deed of 7rust or any Related Documents, Lender
<br />on Trustor's behalf may (but shell not be obligated to) taka sny action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, liens, security interesta, encumbrances and other cleims, at any time levied nr placed on the Property and
<br />paying sll costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes
<br />will then bear interest at the rata chsrged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br />such expenses will becnme e part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
<br />balance af the Note and be apportioned among snd be payable with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2) the remaining term of the Npte; or (C) be treated as a I�alloon payment which will be due and
<br />payable at the Note's maturity. The Deed of Trust also will secure peymenY of these amounts. Such righY shall be in addition to all other
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