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Loan No: 1012420�3 � D E CO nued)ST 2 0�.10 4 8 6 9 page 3 <br />endorsements on a fair value besis for the full insurable value covering all Improvements on the Real Properry in en amount sufficient <br />to evoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other <br />hazerd and liability insurence as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by e company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shell include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emer.gency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insu�ence, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the <br />maximum policy limits set under the Netional Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or demage 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, 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 Properry. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall 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 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 disbn�sed within 180 day's after 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 any, shall be applied to the principal balance of the <br />Indqbtedness. If Lender holds any proceeds after payment in fuii of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, (B) to provide any required insurence on the Property, or (C) to make repairs to the Property then Lender may do so. If any <br />ection or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, <br />but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by <br />Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during <br />either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a belloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragreph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. <br />Any such ection by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have <br />had. <br />WARRAMY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Titte. 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 description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and eccepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragreph above, Trustor warrants and will forever defend the title to the Property <br />against 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 shall defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate 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 as Lender mey <br />request ftom tlme to time to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property end Trustor's use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmentel authorities. <br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shail be continuing in nature and shall remain in full force and effect untii such time as Trustor's <br />Indebtedness is paid in full. <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnetion is filed, Trustor shell promptly notify Lender in writing, and Trustor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal parry in such <br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own <br />choice, and Trustor will detiver or cause to be delivered to Lender such instruments and documentation as may be requested by <br />Lender from time to time to permit such participation. <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or <br />purchase in lieu of condemnation, Lender may at its election require that ail or any portion of the net proceeds of the award be appiied <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of <br />ail reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental <br />taxes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust <br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Properly. Trustor shall <br />