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DEEDOFTRUST �pia49699 <br />Loan No: 101237089 (Continued) Page 3 <br />Notice of Constructian. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or eny materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part vf this Daed-of Trust.. <br />Maintenance af Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsemenis on a fair value basis for the full insurable value cov�ring all 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, together with such other <br />hazard and lia6ility insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasona6ly acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policias ar cartificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy slsv shall include an endnrsement providing that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director af <br />the Federal Emergency Menagement Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the <br />maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintein such <br />insurance for the term of the loan. <br />Application of Proceeds. 7rustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proaf of loss <br />if Trustor fails to do so within tifteen (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 proceeds to the reduotion of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair ot the Property. If Lender elects to apply the proceeds to resioration and <br />repair, Trustvr shall repair nr replace the damaged or destroyed Improvements in a manner satisfactory to Lender. 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 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 repair 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 interest, and the remainder, if any, shall be applied to the principal balance of the <br />Inde6tedness. If Lender holds any proceeds after payment in full of the Indebtedness, such procasds shall be paid to Trustor as <br />Trustor's interests may appear. <br />LENDER'S EXPEN�ITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, snd other <br />claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Praperty then Lender may do so. If any <br />action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, <br />but is not required to, take any action that Lender beliavas to be appropriate #a protect Lender's interests. All expenses incurred or paid by <br />Lender for such purposes will then bear interest at the rate charged und�r the Note from the date incurred or paid by Lender to the date of <br />repayment lay 7rustnr. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during <br />either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure paymsnt vf these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account af any default. <br />Any such action by Lender shall not ba cpnstrued as curing the default so as #o bar Lender from any remedy that it otherwise would have <br />had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of 7rust: <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 />Ilens and encumbrances other than those set forth in the Real f'roperty description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed af Trust, and (b) Trustor has the full right, <br />power, and authority #o execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will fqrever defend the title to the Property <br />against the lawful claims of all persons. In the event any ac#ion or proceeding is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this Deed pf Trust, Trustpr shall defend the action at Trustor's expense. Trustor may 6e the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to L.ender such instruments as Landar may <br />request from time to time to permit such participation. <br />Compiiance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br />5urvival of Promises. All promises, agreements, and statements Trustor has made in this Deed ot Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's <br />Indebtedness is paid in full. <br />COND�MNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Praceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. 7rustor may be the nominal party in such <br />proceeding, but Lender shall be entitled to participate in the praceeding and to be represented in the proceeding by counsel af its own <br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lendsr frvm time to time t0 permit such participation. <br />Applicatian qf Net Proceeds. If all or any part of the Property is candemned by eminent domein proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied <br />