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DEED OF TRUST <br />LOall NO: 1072�7,�44 • , '' � ' . + ' (Continued) 2 0 1 � o � � � � Page 3 <br />EWdence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymant af the taxes or assessmants and <br />shall authorize the appropriate governmental qfficial to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Prpparty. <br />Notice ot Construction. Trustor shall notify Lender at least fifteen (15) deys befpre any work is commenced, any services are <br />furnished, ar any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or otMer lien could be asserted vn <br />account of the work, services, or materials. Trustor will upon request of Lender furnish ta Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The foliowing provisions relating to insuring the Property are a part of this Dead af Trust. <br />Maintenance of Insurance. Trustor shall prqcur2 and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insura6le value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagse clausa in favor of Lender, Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as additipnal insureds in such liability insurance policies. Additionally, "frustor shall maintain such other insurance, <br />including but not limited to hazard, businass interruption, and boiler insurance, as l.ender may reasonebly require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or campanies reasonably <br />acceptable to Lender. Trustor, upqn request of Lender, will deliver to l.ender from time to time the policias or esrtificates of insurance <br />in form satisfactory ta Lender, including stipulations that coverages will nqt be cancelled or diminished without at least ten (10) days <br />prior written notice to Lender. Each insurance policy alsa shall include an endorsement providing that coverage in favor of Lender will <br />npt be impaired in any way by any act, omission or default of Trustor or any other persqn. Should the Real Property be located in an <br />area designated by the t]irector pf the Federal Emergency Management Agency ea a special flood hazard area, Trustor agrees to <br />obtain and maintain Fedaral Flood Insurance, if available, for the full unpaid principal balance 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 Program, or as otherwise required <br />by Lender, and to maintain such insurance for the tarm of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Properry. Lender may make prpof of loss <br />if Trustar fails to do so within fifteen (15) days pf the casualty. Whether or not l.ender's securiry is impaired, l.endar may, at Lender's <br />election, receive and retain the procaeds of any insurance and apply the proceeds to the reduction of ths Indebtedness, payment of <br />any lien affecting the Property, ar the restoration and repair of tha Propsrty. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyad Impravements in a manner satisfactory to Lender. Lender shall, upan <br />satisfactory proof of such expenditure, pay or reimburss Trustor from the proceeds for the reasonable cost of repair ar restoration if <br />Trustor is not in default under this peed 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 to pay any amount owing to Lender <br />under this Deed of 7rust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />indebtedness. If Lander holds any proceeds aftsr payment in full of the Indebtedness, such proceeds shall be paid ta Trustor as <br />Trustor's interests may appear. <br />7rustor's Reqort vn Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report <br />on each sxisting policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the ampunt 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 />expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br />LENDER'5 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 prouision of this Deed of Trust or any Related pocuments, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall npt be obligated to) take any actian that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encum6rancas and other claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred pr paid by Lender for such purposes <br />will then bear interest at the rate charged under tha Nota from the date incurred or paid by Lender to the date of repayment by Trustpr. All <br />such expenses will became a part of the Inde6tedness and, at Lender's option, will (A) be payable on demand; (B) ba added to the <br />balance of the Note and be apportipned among and be payable with any installment payments to become due during either (1) the term of <br />any applicable insurence policy; or (2) the remaining term qf the Note; or (C) be treated as a ballpon payment which will be due end <br />payable at the Npte's maturity. 7he qeed of Trust alsp will secure payment of these amounts. Such right shall be in addition to all other <br />rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The fallowing provisions relating to ownership of the Prpperty are a part of this peed nf Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances ather than those set forth in the Real Property description or in any title insurancs policy, title report, or final <br />titla opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has tha full right, <br />ppwer, and authority to execute and dsliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exceptian in the paragraph above, Trustor warranks and will forever defend the titla ta the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that qusstions Trustor's title or the <br />interest of Trustee or Lender under this Daad of Trust, Trustar shall defend the actian at Trustar's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the prqceeding and to be reprasented in the proceeding <br />by counsal of Lender's own choice, and Trustor will deliver, ar cause to be delivered, to Lender such instruments as Lender may <br />request from time ta time to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property comp�ies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br />Survival of Rapresentatians and Warrantfes. All representations, warranties, and agreements made by Trustor in this Deed of Trust <br />