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2ni��0��(; <br />4. Borrower shall keep the improvements on said Praperty insured against loss by <br />�ire arid hazazds included with the term "extended coverage" for their insurable value and poli- <br />cies for the same shall include a standard mortgage clause showing Lender herein. In event of <br />loss, Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds <br />shall be applied to restaration or repair of the Property damaged, unless both parties otherwise <br />agree, except if restoration or repair is not economically feasible or Lender's security is not les- <br />sened, otherwise said proceeds shall be paid on the debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds frarn <br />insurance shall not extend or postpone the due date of the monthly payments provided in said <br />instrument af indebtedness, ar cha�nge the amount of the payments. <br />5. Borrower shall lceep the described Prope�ty in good condition and repair; shall <br />promptly repair, or replace, any improvement which may be damaged or destroyed; sha11 not <br />comrnit or permit any waste or deterioration of the real estate hereinabove described; sha11 not <br />remove or demolish any of the improvements on the Property; shall not substantially alter any of <br />the improvements on the Property if such alterations materially or substantially reduce the value <br />of the Property; shall not commit, suffer or permit any act to be done in or upon the Property in <br />violation of any law, ordinance or regulation; and shall promptly discharge at Borrower's cost <br />and expense all liens, encumbrances and charges levied, imposed or assessed against the <br />described real estate or any part thereof. <br />6. Ba� shall keep the Property in compliance with all applicable laws, ordin- <br />ances and regulations relating to industrial hygiene or environmental protection (collectively <br />referred to herein as "Environmental Laws"). Excepting only substances used by Borrower in <br />connection with nortnal business activities of the Borrower's painting business conducted upon <br />the Praperty, Borrower shall keep the Property free from all substances deemed ta be hazardaus <br />ar toxic under any Environmental Laws (collectively referred to herein as "Hazardous Mate- <br />rials"). Borrower hereby wanrants and represents to Lender that there are na Hazardous <br />Materials on or under the Property to the knowledge of Borrower. Borrower hereby agrees to <br />indemnify and hald hartnless Lender, its members, officers, ernployees and agents, and any <br />successors to Lender's interest, from and against any and all clairns, damages, losses and liabili- <br />ties resulting frorn the presence, use, disposal or transport of any Hazardous Materials existing <br />on, above or under the Property and caused by Borrower or resulting from Borrower's operations <br />on the property after the time that Borrower takes possession of the Property excluding only any <br />adverse effects ar consequences resulting from any contamanation existing on, above or under <br />the Property prior to the time that Borrower takes possession of the Property and not caused by <br />Borrower or resulting from Borrower's operations on the Praperty. THE FOREGOING WAR- <br />R.ANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT <br />TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS <br />DEED OF TRUST. <br />7. Bor� shall not sell, transfer, assign, convey or further encumber all or any <br />part of or any interest in the Property hereinabove described, either voluntarily or involuntarily, <br />without the express prior written consent of Lender or as atherwise herein perrnitted, and in the <br />event of any such sale, transfer, assignment, conveyance or trarisfer in violation of this provision, <br />Lender shall have the option to declare all sums secured hereby irnrnediately due and payable. <br />8. If Borrower fails to perform the covenants and agreements herein contained, <br />Lender may do and pay for whatever is necessary to protect the value of the property and Lend- <br />er's rights in the Property, including the paying of any sum secured by a lien which has priority <br />aver this Deed of Trust, appearing in Caurt, payi�ng reasonable attorney fees and entering the <br />Property to make repairs. Any amaunt disbursed by Lender under this paragraph shall become <br />an additional debt of Borrower secured by this Deed of Trust, to bear interest from the date of <br />disbursement amd said amount, together with the then unpaid principal amount, shall bear interest <br />at the highest lawful rate until refunded by Borrower. <br />9. The proceeds of an condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this Deed af Trust, whether or not then due, <br />with any excess to be paid to Borrower. <br />P% <br />