Laserfiche WebLink
DE�D OF TRUST 2 O 10 0 9 6 6 4 <br />Loan No: '101237266 (Cvntinued) Page 3 <br />satisfy any adverse judgment before enforcement against the Property, Trustor shall name Lender as an additional obligee under any <br />surety bond fumished in the contest prpceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental otficial to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Prpperty. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before 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 other lien could be asserted on <br />acCaunt of the wprk, sarvices, or materials. Trustor will upon request of Lender furnish tv Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cnst of such improvements. <br />PRpPERTY DAMAGE INSURANCE. The fallowing provisions r�lating to insuring the Property are a part af this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real !'roperty in an amount sufficient <br />to evoid application of any coinsurence clause, and with e standard mprtgagee clause in favor of Landar. 7rustor shall also procure <br />and maintain comprehensive general liability insurance in such caverage amounts as Lander may requast with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintein such other insurance, <br />including but not limited to hazard, business interruption, and 6oiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasona6ly <br />acceptable to Lender. Trustvr, upon requast 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 not be cancelled or diminished without at least ten (10) days <br />prior written notice to Lender. Each insurance policy also shall include an endorsement prpviding that coverage in favor of �ender will <br />not be impaired in any way by any act, omission nr default pf Trustor or any other person. Should the Real property be located in an <br />area designated by the Director of the Federal Emergency Manegement Agency as a special flaad hazard ares, 7rustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal 6alance of the loen and any prior liens an 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 ta maintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly nbtify Lender of any loss or damage to the f'roperty. Lender may make proof 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 may, at Lender's <br />election, receive and retain the proceeds of any insurance and apply the proceads to the reduction vf tha Indebtedness, payment of <br />any lien affecting [he Property, or the restoration and repair of the Property. If Lender elects tn apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a menner satisfactory to Lendar. Lender shall, upon <br />satisfactory 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 peed of 7rust. Any proceeds which have not been disbursed within 180 days after their receipt <br />and which Lender has not committed ta the rapair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued intsrest, 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 of #he Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Trustor's Report on Insurance. Upon request of Lender, 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 />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'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 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 Trus[or's behalf may (but shall not be obligated to) take any action that Lendar dsems appropriate, including but not limited to <br />discharging qr paying all iaxes, liens, security interests, encumbrances and other claims, et any time levied nr placed on the Property and <br />paying all 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 rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All <br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) 6e payable an demand; (B) be added to the <br />balance of the Note and be apportioned among and 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 af the Note; or (Gl be [reated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed of Trust also 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 following prnvisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustvr holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encum6rances othar than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted 6y, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph a6ove, 7rustar warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any actinn or proceeding is cvmmenced that questivns Trustor's title or the <br />interest of 7rustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participa[e in the proceeding and to be represented in the proceeding <br />by counsel of Lender's awn choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance With Laws. 7rustor warrants that the I'roperty and Trustor's use of the Property complies with all existing applicable <br />