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Loan No: 132484 <br />�EED OF TRUST 2 o a. o o g 3 s ti <br />(Continued) Paye z <br />breach of this section of the Deed of Trust or as a consequence of any use, genera#ion, manuf�cture, storage, disposal, release or <br />threatened release occurring prior to 7rustor's ownership or interest in the Property, whether or not the ssme wss or should have <br />been known to Trustor. The provisions of this section of the Dead of Trust, including the obligation to indemnify and defend, shall <br />survive the payment of the Indebtedness and the satisfaction and reconveyancs pf the lien of this Deed of Trust and shall not be <br />affected by Lender's scquisition ot any interest in the Property, whether by foreclosure or otherwise. <br />Nuisence, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer eny stripping of or waste on <br />or to the Property nr any portiqn pf the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remnve, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel or rock products <br />withaut �ender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Proparty without Lender's prior <br />written consent. As a candition #o the removal of any Improvements, Lender may require Trustor to 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 rapresentatives may enter upon the Real Property at all reasonable times to <br />attend ta Lender's interests and ta inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly cnmply with all laws, ordinances, and regulatians, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the <br />Americans With bisabilities Act. 7rustor may contest in good faith any such law, ordinance, or regulation and withhold compliance <br />during any proceeding, including eppropriate appeals, sb Ibng as Trustnr hes notified Lender in writing prior to doing so and sp Ipng as, <br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security <br />or s surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to <br />those acts set forth above in this section, which from the character and use pf the Property are reasonably necessary to protect and <br />preserve the Property. <br />TAXES AND LIENS. The following provisions releting to the taxes end liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall 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 account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over or equal ta the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of Trust. <br />Right ta Contest. Trustar mey withhold payment of any tax, essessment, br 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 jeopardiaed. If a lien arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises ar, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge af the lian, qr if reqwssted by Lendar, deposit with Lender cash ar a sufficient carpnrate surety bond or <br />other security satisfactory to Lender in an amount sufficient to disch9rge the lien plu8 any Costs 9nd 9ttorn8ys' fe9s, ar pth9r charges <br />that could eccrue 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 judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence af Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmentai official to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fiftean (15) days befnre any work is commenced, any services are <br />furnished, or any materials are supplied 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. Trustbr will upon request of Lender furnish to Lender advance assurancas satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PRpPEFi7Y DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurence. Trustar shall procure and maintain policies of fire insurance with standard extended coverage <br />endnrsements on e fair value basis for the full insurable value covering ell Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall elso prncure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as sdditional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and 6oiler insurance, as Lender may reasonably require. Palicies shsll be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <br />acceptable to Lender. 7rustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that coverages will nnt be cancelled or diminished without at least ten (1Q) deys <br />prior written no#ice tn Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an <br />area designated by the �irector of tha Federel Emergency Management Agency es e specia� flood hazard area, 7rustor agrees ta <br />obtain and maintain Federal Flood Insurance, if availa6le, for the full unpaid principal belance of the loan and any prior liens on the <br />property 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 meintain such insurance for the term nf the Ipan. <br />Application of Proceeds. Trustor shell promptly notify lender of eny Inss or damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen (16) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />slection, 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 f'roperty, 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 Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactary proof of such expenditure, pay or reimburse Trustor from the 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 repeir or restoration of the Property shall 6e used first to pay any amount awing to Lender <br />under #his Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds after payment in full af the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Trustor's Report on Insurance. Upon request of L.ender, however not more than once a year, Trustor shall furnish to Lender a report <br />on each 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 replacement value of such property, and the manner of determining that value; and (5) the <br />expiratian date of the policy. 1"rustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value raplacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is cnmmenced that would materially affect Lender's interest in the Property or if <br />Trustor fails to comply with any provision nf this Deed of Trust or any Related Documents, including 6ut not limited to Trustor's failure to <br />discharge nr pay when due any amoun#s Trustor is required to dischsrge or pay under thia Deed of Trust or any Related Dncuments, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited ta <br />discharging or paying all texes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and <br />paying all cnsts for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender fnr such purposes <br />will then bear interest at the rete charged under the Note from the date incurred or paid by Lender to the date of repayment by 7rustor. All <br />such expenses will 6ecome a part of the Indebtedness and, at Lender's aption, will (A) be payable on demand; (B) be added to the <br />balance of the Note and be apportioned among and be payable wi#h any installment payments tn become due during either (1) the term of <br />any applicsble insurance policy; or (2) the remaining term nf the Note; or (C) be treated as a balloon payment which will be due and <br />