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DEED OF TRUST `,� O�. �. O� 4 O G <br />Loan No: 101��4btl35 ��� 4 - '�"� (Continued) Page 3 <br />endorsements on a feir value besis for the full insurable value covering all Improvements on the Real Property in an emount sufficient <br />to evoid application of eny coinsurence clause, end with a standard mortgegee clause in favor of Lender. Trustor shall elso procure <br />and maintain comprehenaive generel liability insurance in such coverage amounts es Lender mey request with Trustee and Lender <br />being nemed as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and besis reasonably acceptable to Lender and issued by e company ar 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 stipulations thet coverages will not be cencelled or diminished without et least ten (10) deys <br />prior written notice to Lender. Each insurance policy elso shall inctude en endorsement providing that coverage in favor of Lender will <br />not be impaired in eny way by any act, omission or default of Trustor or eny other person. Should the Real Property be loceted in en <br />area designeted by the Director of the Federal Emergency Management Agency es a special flood hazard area, Trustor agrees to <br />obtein and maintain Federel Flood Insurence, If evailable, for the full unpaid principal balance of the loan end eny prior liens on the <br />property securing the loan, up to the maximum policy limits set under the Nationel Flood Inaurance Program, or as othenivise required <br />by Lender, and to meintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of eny loss or damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen (16) days of the casualty. Whether or not Lender's security is impeired, Lender mey, at Lender's <br />election, receive and retain the proceeds of eny insurance end 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. If Lender elects to epply the proceeds to restoration and <br />repair, Trustor shell repair or replace the demaged or destroyed Improvementa in a manner setisfactory to Lender. Lender shall, upon <br />setisfactory proof of such expenditure, pey 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 deys efter 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 eny, shatl be epplied to the principal balance of the <br />Indebtedness. If Lender holds eny proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may eppear. <br />Compliance with Existlng Indebtedness. During the period in which eny Existing Indebtedness described betow is in effect, compliance <br />with the inaurance provisions conteined in the instrument evidencing such Existing Indebtedness shatl 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 e <br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust <br />tor division of proceeds shall apply only to that portion of the proceeds not payeble 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 insurence 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 replecement velue of such property, and the manner of determining that value; and (6) the <br />expiration date of the policy. Trustor shall, upon request ot Lender, have en independent appraiser satisfactory to Lender determine <br />the cesh value replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially sffect Lender's interest in the Property or (f <br />Truator fails to comply with any provision of this Deed of Trust or eny Related Documents, including but not limited to Trustor's failure to <br />comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but <br />shall not be obligeted to) take eny action that Lender deems appropriate, including but not limited to discharging or paying all taxes, Ifens, <br />security intereats, encumbrences and other claims, at any time levied or placed on the Property and paying all costs for insuring, <br />maintaining and preserving the Property. All 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 end, at Lender's option, will (A1 be payable on demand; (B) be added to the balance of the Note and be <br />apportioned emong and be payable with any instellment payments to become due during either (1) the term of any appUcable insurance <br />policy; or (2) the remeining term of the Note; or (C) be treated as a betloon peyment which will be due and payable et 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 Defeult. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere a pert of this Deed of Trust: <br />Title. Trustor warrents that: (a) Trustor holds good and marketeble title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other then those set forth in the Reel Property description or in the Existing Indebtedness section below or in <br />any title insurance policy, title report, ar final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, power, end authority to execute and dellver this Deed of Trust to Lender. <br />Defense of T(tle. Subject to the exception in the peregraph above, Trustor warrants and will forever defend the title to the Property <br />ageinst the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the <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 shell be entitled to participete 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 Lender such instruments es Lender may <br />request from time to time to permit auch perticipation. <br />Complianca With Laws. Trustor warrants thet the Property and Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, end reguletions of governmental authoritles. <br />Survival of Representations and Werrarnies. All representations, werranties, and agreements made by Trustor in this Deed of Trust <br />shell survive the execution and delivery of this Deed of Trust, shall be continuing in nature, end shall remain In full force and effect <br />until such time as Trustor's Indebtedness shell be paid in full. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />