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DEED O� TRUST 2 010 4 S 3 8 0
<br />(Continued) Page �
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisitinn af any interest in the Property, whether by forpclosure or otherwise.
<br />Nuisanca, Was#a. Trustor shell not cause, conduct or permit any nuissnce nnr commit, permit, or suffer any stripping of or waste on
<br />or tn the Property or any portion of the F'roperty. Without limiting the generality of the foregaing, Trustor will not remove, or grant tn
<br />any other party the right to remnve, any timber, minerals (including nil end ges), coal, clay, scoria, soil, gravel nr rock products
<br />without Lender's prior written consent.
<br />Removal af Improvements. Trustor shall not demolish or rsmove any Impravements from the Real Property without Lender's prinr
<br />written consent. As a condition to the remnvel of any Improvements, Lender may require Trustor to make arrangements sstisfectory
<br />to Lender to replace such Improvements with Improvements of at least equsl vslue.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonsble times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of 7rustnr's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmentel Requirements. Trustor shall promptly comply with all laws, ordinances, snd regulations, now or
<br />hereafter in effect, af all governmental authorities applicable to the use or occupancy of the f'roperty, including without limitation, the
<br />Americana With Disabilities Act. Trustor may contest in good faith any such law, ordinance, nr regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prio� to doing sq snd so long as,
<br />'' in Lender's sole opininn, Lsnder's interests in the Property are not jeppardized. Lender may require Trustor to post adequate security
<br />or a surety bnnd, reesonably satisfactory to Lender, to protect Lender's interest.
<br />�uty to Protect. Trustor agrees neither to a6andan ar leave unattended the Property. 1'rustor shall do sll other acts, in addition fo
<br />those acts set forth above in this section, which from the character and use af the Property are reesonably necessary ta protect and
<br />preserve the Property.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Praperty are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events priar to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer►, fines and impositions levied against or on eccount of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or materiel furnished to the Pcoperty. Trustor ahall maintain the Property free of all liens having priority
<br />pver or equal to the interest of Lender undsr this Deed of Trust, except for the Ifen of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to below, and except as ptherwise provided in this peed pf Trust.
<br />Right to Contest. 7rustor mey withhold payment of any tsx, assessment, or claim in connection with a good faith dispute over the
<br />obligatipn tp pay, sn long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as s result of nonpayment,
<br />Trus#or shell within fitteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge af the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety band 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 nf a foreclosure or sale under the lien. In any contest, Trus#or shall defend itself and Lender and shafl
<br />satisfy any adverse judgment 1�efore enforcement against the Prqperty. Trustor shall neme Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. trustor shall upon demand furnish to Lender satisfactory evidence nf p�yment of the taxes or assessments and
<br />shall authorize the appropriata governmental official to deliver to Lender at any time a writtsn statement of the taxas end assessment5
<br />against the Property.
<br />Notica af Constructinn. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any machanic's lien, materialmen's lien, or other lien could be esserted on
<br />eccount of the work, services, or materials. Trustor will upon request of Lender furnish to l.ender edvance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost ot such improvements.
<br />PROPERTY DAMAGE INSURANC�. 7ha following provisians relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended covereg9
<br />endorsements on a fair value basis for the full insurable value covering sll Improvements on the Real Praperty in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a stendard mortgagee clause in favor of Lender. Trustor shell elso procure
<br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with 7rustee snd Lender
<br />being named as edditional insureds in such IiaUility insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited to hazard, business intsrruption, and boiler insur�ncs, as Lender may reasonebly require. Policies shall be
<br />written in form, amounts, covereges and basis reasonably acceptable to Lender and issued 6y e company or companias reasone6ly
<br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance
<br />�n fprm setisfactory to Lender, including stipuletinns that coverages will not ba cancelled or diminished without at least ten (10) days
<br />prior written notice to Lender. Each insurance policy also shall innlude an endorsement providing that coverage in favor of Lender will
<br />not be impaired in any way by sny ect, omission or default of Trustor or any other person. Should the Real Property be Ipcsted in an
<br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard aree, Trustor agrees to
<br />obtain and maintein Federal Flood Insurance, if evailable, for the full unpaid principal 6alance of the loan end any prior liens on the
<br />prpperty securing the loan, up to the maximum policy limits set under the National Flood Insurance Progrem, or as otherwise required
<br />by Lender, and to maintain such insurance for the term of the loan.
<br />Applicatian of Preceeda. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may meke proof of loss
<br />if Trustor fails to do so within fifteen �1 5) deys of the casualty. Whether or not Lender's security is impairsd, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurence and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien effeoting the Property, or the restoretion end repair of the Property. If Lender elects to apply the prpceeds to restoration and
<br />repair, Trustor shall repair or replace the dsmeged or destroyed Improvemen#a in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expendi#ure, pay or reimburse 7rus#pr from the proceeds for the reesoneble cost of repair or restorstion if
<br />Trustor is not in default undar #his Deed of Trust. Any prpceeds which have not been disbursed within 180 dsys after their receipt
<br />and which Lender has nnt committed to the repair pr restoration of the Property shall be used first to pay any amount nwing to Lender
<br />under this Dead of Trust, then to pay aocrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indsl�tedness. If Lender holds any proceeds after payment in full qf #he Indebtedness, such proceads shall 6e paid to 7rustor as
<br />Trustor's interests may appesr.
<br />Compliance with Existing Indehtedness. During tha 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 Dsed of Trust, to the extent cnmplience with the terms of this Desd of Trust would constitute e
<br />duplication of insurance requirement. If any proceeds from the insurance become payable on Inss, the provisions in this peed af Trust
<br />for division of proceeds shall apply only to that qartinn of the proceeds not payable tn the hotder of the Existing Indebtedness.
<br />Trustor's Heport bn Insurenca. Upon request of L.ender, however not more than once a year, Trustor shall furnish ta Lender a report
<br />nn eech existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current raplacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraissr satisfectory to Lender determine
<br />the cash value replacement cost of the Property.
<br />L�Np�R'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 Deed of Trust or any Related Documents, including but not limited to Trustor's failure #o
<br />comply with any obligation to msintain Existing Indebtedness in gvod standing as required below, ar to discharge or pay when due any
<br />amounts Trustor is required tn discharge or pay under this Deed of Trust or any Related Documents, Lender on T'rustnr's behalf may (but
<br />shall nnt be o6ligated tn) take any action that Lender daems appropriate, including but not limited to discharging or paying all taxes, liens,
<br />security interests, encumbrances and other claims, at any time leviad or placed on the Property snd peying all costs for insuring,
<br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the
<br />rate charged under the Note frnm the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become
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