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Loan No: 101239992 <br />DEED OF TRUST <br />(Continued) 2 0�. �. 0 3�. �� Page 3 <br />Rtght to Contest. Trustor may withhold payment of any tax, assessment, or cleim in connection with e good faith dispute over the <br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nanpayment, <br />Trustor shall within �fteen (15) days efte� the lien arises or, if a lien is filed, within tifteen (7 5) days after Trustor has notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cesh or a sufficient corporate surety bond or <br />other security setisfactory ta Lender in an amount sufficient to discharge the lien plus any costs end attorneys' fees, or other charges <br />that could eccrue as e result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shatl name Lender es an additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evtdence of payment of the texes or assessments and <br />shatl authorize the appropriate governmental officlal to dellver to Lender et any time a written statement of the taxes and assessments <br />against the Property. <br />Nodce of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Properry, if any mechenic's Ifen, materialman's lien, or other llen could be asserted on <br />account of ihe work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurences setisfactory 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 of 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 velue basis for the full insurable value covering all lmprovements on the Real Property in an amount sufficient <br />to avoid application of eny coinsurance clause, and with a standard mortgagee clause in fevor of Lender. Trustor shell also procure <br />and meintain comprehensive general liebility insurance in such coverage emounts as Lender may request with Trustee and Lender <br />being named as edditional insureds in such liabllity insurance policles. Additionally, Trustor shall maintain such other fnsurance, <br />including but not limited to hszard, business interruption, and boiler insurance, es Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages end besis reasonably ecceptabie to Lender and issued by a company or companies reasonably <br />acceptabla 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 stipulations that coverages will not be cencelled or diminished without at feast ten (10) days <br />prior written notice to L,ender. Each insurance policy aiso shell include an endorsement provlding that coverege in fevor of Lender wilt <br />not be impaired in any way by eny act, omission or default of Trustor or any other person. Should the Real Property be located in an <br />erea designated by the Director of the Federal Emergency Management Agency as e special flood hazard erea, Trustor egrees to <br />obtain and maintain Federal 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, end to maintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen (15? days ot the casualty. Whether or not Lender's security is impaired, Lender mey, at 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 affecting the Property, or the restoration and repair of the Property. tf Lender elects to apply the proceeds to restoretion end <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfectory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repeir or restoredon if <br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days efter thelr 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 pey accrued interest, and the remainder, if any, shall be applied to the principal balertce af the <br />(ndebtedness. If Lender holds any proceeds after payment !n full of the Indebtedness, such proceeds shall be peid to Trustor as <br />Trustor's interests may appear. <br />Compliance with Existlng Indebtedness. During the period in which eny Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Facisting Indebtedness shall constitute compliance with the <br />insurence provisiona under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute e <br />duplicetion of insurance requirement. If any proceeds from the insurance become peyable 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 Facisting Indebtedness. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender e report <br />on each existing policy of insurence showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; l4) <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 setisfactory to Lender determine <br />tha cash value replacement cost of the Property. <br />LEND@R'S EXPENDITURES. If any action or proceeding is commenced thet would materielly 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 tallure to <br />comply with eny obltgation to maintain Exisiing Indebtedness in good standing as required below, or to discharge or pay when due eny <br />emounts Trustor is required to discharge or pey under this Deed of Trust or eny Related Documents, Lender on Trustor's behalf may (but <br />shall not be obligated to) take any ection that Lender deems appropriata, including but not limited to discharging or paying all taxes, liens, <br />security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, <br />maintaining and preserving the Properry. All such expenditures incurred or peid by Lender for such purposes wilf then bear interest at the <br />rate charged under the IVote from tfte dete fncurred or paid by Lender to the date ot repayment by Trustor. All such expenses will become <br />a pert of the Indebtedness and, at Lender's option, will (A) be peyable on demand; (B1 be added to the balance of the Note and be <br />apportioned among and be payable with any installment payments to become due during either (1) the term of any appliceble insurance <br />policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payeble 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 p�ovisions relating to ownership of the Properly are e part of thia Deed of Trust: <br />