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3 <br />Loan IVo: 101240725 <br />DEED OF TRUST 2 � 110 3�. 6'7 <br />(Continued) <br />Page 3 <br />Notice of Constructlon. Trustor shall notlfy Lender at least fifteen (15) days before eny work is commenced, any services are <br />furnished, or any 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 wlll upon request of Lender furnish to Lender advance assurances satisfectary to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions retating to insuring the Property are a pert of this Deed of Trust. <br />Maintenance of Insurence. Trustor shall procure and maintain policies of fire insurence with standard extended coverage <br />endorsements on a fair velue basis for the full insurable value covering ell Improvements on the Real Property in an emount sufficient <br />to avofd epplication of eny cotnsurance clause, end with a standerd mortgagee clause in favor of Lender. Tn.�stor shall aiso procure <br />and maintain comprehensive general Uebility insurance in such coverage amounts as Lender mey request with Trustee and Lender <br />being named as additional insureds in such IiebiUty insurance policies. Additionally, Trustor shall meintain such othe� insurance, <br />including but not Umited to hazerd, businass interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, covereges and basis reasonabty acceptable to Lender and issued by a company or companies reasonebly <br />acceptable to Lender. Trustor, 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 stipuletions 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 providing thet coverage in favor of Lender will <br />not be impeired in any way by any act, omission or defeult af Trustor or any other person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency es a special flood hazard area, Trustor ag�ees to <br />obtain and maintain Federal Flood Insurence, if aveilable, for the full unpaid principal belance of the loan and any prior liens on the <br />property securing the loen, up to the meximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance for the term ot the loan. <br />Appllcation of Proceeds. Trustor shell promptly notify Lender of eny loss or damege to the Property. Lender mey make proof of loss <br />if Trustor fails to do so within fifteen (15) deys of the casualty. Whether or not Lender's security is impaired, Lender may, et Lender's <br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of <br />any lien effecting the Property, or the restoration end 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 e menner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pey or reimburse Trustor from the proceeds for the reasonable cost of repair or restoretion lf <br />Trustor is not in defeult under this Deed of Trust. Any proceeds which have not been disbursed within 180 days efter their receipt <br />and which Lender has not committed to the repair or restoretion of the Property shall be used first to pay eny amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shell be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Compliance with Existing Indebted�ess. During the period in which any Existing Indebtedness described below is In effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a <br />duplication of insurence requirement. If any proceeds from the insurence become payeble on loss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds not peyable to the holder of the Existing Indebtedness. <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 thet value; end 15) the <br />expiration dete of the policy. Trustor shall, upon request of Lender, have en 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 meterially affect Lender's interest in the Property or if <br />Trustor fails to comply wlth any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />comply with any obligation to maintain Existing Indebtedness (n good standing as required below, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pey under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may ibut <br />shell not be obligated to? take eny action that Lender deems eppropriate, including but no.t limited to discharging or paying all taxes, liens, <br />security interests, encumbrences and other cleims, at eny time levied or placed on the Proparry end paying all costs for insuring, <br />maintaining end preserving the Property. Atl such expenditures incurred or paid by Lender for such purposes will then bear interest at the <br />rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become <br />a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be <br />apportioned among and be payable with any instaltment payments to become due during either (1) the term of any applicable inaurance <br />poticy; or (2) the remaining term of the Note; or (C) be treated as a baltoon payment which will be due end payable at the Note's <br />maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to <br />which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a part of this Deed of 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 other than those set forth in the Real Property descriptlon or in the Existing Indebtedness section below or in <br />any titte insurance policy, titte report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and ib) Trustor has the full right, power, and euthority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. SubJect to the exception in the peregraph above, Trustor warrants end will forever defend the title to the Property <br />egainst the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or tha <br />interest of Trustee or Lender under this Deed of Trust, Trustor shell defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entltled to perticipate in the proceeding and to be represented In the proceeding <br />by counsel of Lender's own choice, and Trustor will dellver, or ceuse to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit auch participation. <br />Compliance With Laws. Trustor werrents that the Property and Trustor's use of the Property complies with all existing applicable <br />