Laserfiche WebLink
�`� "' ''' y �' '�� �' '.� � DEED OF TRUST <br />Loan No: 101241193 (Continued) 2 0110 3 6 0 2 page 3 <br />Trustor shell within fifteen (75) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporete surety bond or <br />other security setisfactory to Lender in an emount sufficient to discharge the lien plus eny costs and attorneys' fees, or other charges <br />that could accrue as a 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 shall name Lender as en additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriete governmental officiel to deliver to Lender at any time e written statement of the texes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (1 b) days before any work is commenced, eny services ere <br />furnished, or any materials ara 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 pey the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pert of this Deed of Trust. <br />Maintenance of Insura�ce. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering 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. Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazerd, business interruption, and boiler insurance, as Lender mey reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonebly acceptable to Lender and issued by a company or companies reasonably <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 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 en endorsement providing that coverege in favor of Lender will <br />. not be impaired in eny wey by any act, omission or default of 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 as a special flood hazard area, Trustor agrees to <br />obtain and maintain Federel Flood Insurance, lf avaitable, 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 othervvise required <br />by Lender, and to meintain such insurance for the term of the loan. <br />AppUcatton of Proceeds. Trustor shell 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 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 affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the procaeds to restoration and <br />repair, Trustor shell repair or 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 tha 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 shail be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrusd interest, end the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtednass, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtednass 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 complience with the terms of this Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />Trustor's Report on Insurance. Upon request of Lender, however not more then 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 ot 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 en independent eppraiser 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 materially 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 failu�e 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 behelf may (but <br />shall not be obligated to) take any action that Lender deems appropriate, 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 peying all costs for insuring, <br />maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes will then bear interest at the <br />rate charged under the Note from the date incurred or peid by Lender to the date of rapayment by Trustor. All such expenses will become <br />a part of the Indebtedness and, at Lender's option, will (A) be payeble on demand; (B) be added to tha balance of the Note and be <br />apportioned among and be payeble with any installment payments to become due during either (11 the term of any epplicabie insurance <br />policy; or (2) the remaining term of the Note; or (C1 be treated as a balloon payment which will be due and payeble at the Note's <br />maturity. The Deed of Trust also will sacure payment of these amounts. Such right shaii be in addition to all other rights and remedies to <br />which Lender may be entitled upon Default. <br />WARRAIVTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property 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 simpie, free and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtadness section below or in <br />