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DEED OF TRUST 2 010 0 S 3$1
<br />(Continued) Page 2
<br />breach of this section of the Deed of trust nr ss a consequence of any use, generation, manufacture, storage, disposal, raleese or
<br />threatened release occurring prior to Trustor's ownership or interest in the Propsrty, whether or not the same was or should have
<br />been known to Trustor. 7he prpvisians of this section of the Deed af Trust, including the obligatinn tn indemnify and defend, shall
<br />survive the paymen# of the Indebtedness and the satisfac#ion and reconveyance of the lien pf this Deed of trust and shall not be
<br />effected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not cause, canduct or permit any nuisance nor commit, permit, or suffer any atripping af or waste on
<br />or to the Property or any portinn af the Property. Without limiting the generality of the foregoing, Trustnr will not remove, or grant to
<br />any o#hsr party the right to remove, any timber, minerals (including oil and gas1, coal, cley, scoria, soil, gravel or rack prnduc�s
<br />without Lender's prior written consent.
<br />Removal oi Improvements. Trustar shall not demolish or remove any Improvements from the Real property without Lender's prior
<br />written consent. As a condition tn the removal of any Improvements, Lend�r may require 1'rustor tn make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender end Lender's agents and representatives may enter upon the Real Property at all reasonable times tp
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustar's compliance with the terms and conditions of
<br />this Deed of 7rust.
<br />Compliance with Governmen#el Raquirements. Trustor shall promp#ly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities appliceble ta the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhnld cnmpliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has nptified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lander's interests in the Property are npt jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reesonably satisfactory to Lendar, tp protect Lender's interest.
<br />Outy to Protect. Trustor agrees neither to abandon or leave une#tended the Property. 7rustar shall do all other acts, in addition to
<br />those acts set forth sbove in this section, which from the character and use of the Prnperty are reasonably necessary to protect and
<br />preserve the Property.
<br />'CAXES AND LIENS. The foltowing provisions relating to ths taxee end liens on the Prnperty are part of this Deed of Trust:
<br />Payment. trustor shall pay when due (and in all events prinr to delinquency) all taxes, spaciel taxes, assessments, charges (including
<br />water and sewer►, fines end impositions levied against or on account of the Praperty, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to tha Property. Trustor shell maintain the Praperty free nt all liens having priority
<br />over or equsl to the interest of Lender under this Deed of Trust, except fpr the lien of taxes and esaessments not due, except fpr the
<br />Existing Indebtedness referred to below, and except as otherwise prpvided in this beed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />o6ligation to pay, so long as Lender's interest in the Prpperty is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (151 days after the lien arises or, if a lien is filad, within fifteen (15) dsys after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash o� a sufficient corporate surety bond or
<br />o#hsr security satisfactory to Lender in an amount sufficient to discharge the lien plus any costa and attorneys' fees, or ather charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgmant before enforcement egainst the Property. 7rustor shall name L�nder as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. 7rustnr shall upon demand furnish to Lender satisfactory evidence of payment of the taxea or essessments and
<br />shall authorize the apprnpriate governmental officiel to deliver to Lender at any time a written statement of the tsxes and assessments
<br />against the Property.
<br />Notice of Conatruction. trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services ere
<br />furniahed, or any materials are supplisd to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted ori
<br />account of the work, services, or materials. Trustor will upon request of Lender fumish to Lender advance assurancas satisfactory to
<br />Lender that 7rustnr can end will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ere a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverag�
<br />endorsements on a fair value besis for the full insurable v�lue covering all Improvements an the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee cleuse in favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general liability insuranc� in such coverage amounts as Lender may request with Trustee and LendeF
<br />being n�med as additional insureds in such liebility insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited to hazard, business interruption, and boiler insurance, es Lender may reasonably require. f'olicies ahall b'e
<br />written in form, amounts, caverages and basis reasonably acceptable to Lender and issued by a company or cnmpenies reasonabiy
<br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies ar certificates of insurance
<br />in form satisfsctnry to Lender, including stipulstians that coverages will npt be cancelled or diminished without at least ten (10) day,s
<br />prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor pf Lender will
<br />not be impaired in any way by eny act, omission or default nf Trustor or any other person. 5hould the Real f'roperty be located in an
<br />area designated by the Director of the Federal Emergency Management Agency ss a special flood hazard area, Trustor agrees tq
<br />obtain and maintain Federal Flood Insurance, if avsilable, for the full unpaid principal balance of the loan end any prior liens on the
<br />property securing the loan, 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 for the term of the laen.
<br />Applicetion of Proceeds. Trustar shall pramptly notify Lender of eny loas dr damage to the Prpperty. Lender may make proaf of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender mey, at Lender's
<br />election, receive and re#ain the proceeds of any insurence 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, Trustor shall repair or replace the damaged or destroyed Imprpvem�nts in a manner satisfactory to Lender. Lender shsll, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reesonable 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 />end which Lender has not committed tn the repair or restoration of the Property shall be used first to pey any amount owing to Lender
<br />under this Deed of 7rust, then to pay accrued interest, and the remainder, if any, shall be epplied ta the principal balence of the
<br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be peid to Trustor as
<br />7rustor's interests may appear.
<br />Complisnce with Exiating Indebtedness. �uring the period in which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance provisians conteined in the instrument evideneing 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 �eed of Trust would constitute a
<br />duplicatipn of insurence requirement. If any prqeseds from the insurance become payable on loss, the provisions in this Deed of Trust
<br />fnr division of proceeds shall apply nnly to that portion of the procaeds not payable to the holder of the Existing Indebtedness.
<br />7ruster's Report on Insurance. Upon request of Lender, howeuer not mpre then once a year, Trustar shell furnish to Lender a repnrt
<br />on each existing policy of insurancs 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 replacement value of such property, and the menner of determining that velue; and (5) the
<br />expiration date vf the pplicy. Trustor shall, upnn request of Lender, have an indepandent appraiser satisfectory to Lender determine
<br />the cash value replacement cost af the Property.
<br />I„ENpER'S EXPENDITURES. If any action or prneseding is commenced that would materially affect Lender's interest in the Property or if
<br />Trustor fails to comply with any provision pf this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
<br />comply with any obligation to maintein Existing Indebtedness in good standing as required below, or ta discharge nr pay when due any
<br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may Ibut
<br />shall not be obligated to) take any action that Lender deems mppropriate, including but not limited to discharging or paying all taxes, liens,
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