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20110569�
<br />DEED OF TRUST
<br />Loan No: 128180 (Continued)
<br />Page 2
<br />not the same wes or should heve been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the ob(igation to indemnify and defend, shall survive the payment ot the Indebtedness and the saYisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion oF the Property. Without limiting the generallty of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas1, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shell not demolish or remove any Improvements from the Reaf Property without
<br />Lender's prior written consent. As a condition to the removal of any lmprovements, Lender mey require Trustor to
<br />make arrengements satisfactory to Lender to replece such Improvements with improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Landar and Lender's agents end representatives may enter upon the Reai Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinences, and
<br />regulations, now or hereafter in effect, of a(I governmantaf authorities applicable to the use ar occupency of the
<br />Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhald compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender`s sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lende�'s interest.
<br />Duty to Protect. Trustor agrees neither to abandon or Ieave unattanded the Property. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonab(y necessery to protect and preserve the Property.
<br />TAXES AND L(ENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, spacial taxes, essessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property, Trustor
<br />shall maintain the Property free of all liens having priority over or equal to the in#erest of Lender undar this Deed of
<br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Coniest. Trustor mey withhold payment ot any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (75) days after the lian arises or, if e lien is filed,
<br />within fifteen f15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an
<br />amount sufficient to discharge the lien plus any costs and ettorneys' fees, ar otfier cherges that could accrue as a
<br />result of a foreclosure or sale under the lien. In eny contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adversa judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnishad in the contest proceedings.
<br />Evidence of Payment. Trustor shatf upon demand furnish to Lender satisfectory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmantal official to deliver to Lender at any time a written
<br />stetement of the taxes and assessments ageinst the Property.
<br />Notice of Construction. Trustor shell notify Lender at least fifteen (151 days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lian could be asserted on account of the work, services, or materials. Trustor will upon request of Lendar
<br />furnish to Lender advance essurances satisfactory to Lender that Trustor cen and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE (NSURANCE. The following provisions releting to insuring the Property are a part ot this Deed ot
<br />Trust.
<br />Maintenance of Insurence. Trustor shall procure and maintain policies of fire insurance with stendard extended
<br />coverege endorsements on a fair velue basis for the full insurable value covering all Improvements on the Fiea(
<br />Property in an amount sufficient to avoid epplication of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonebly require.
<br />Policias shell be written in form, amounts, coverages and basis reasonably ecceptable to Lender and issued by e
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, wiU dellver to Lendar
<br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipuletions that
<br />covaragas will not be cancelled or diminished without at leas# ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor ot Lender will not be impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of the Federal Emergency Manegement Agency as a speciat f(ood hezard arae,
<br />Trustor agrees to abtain artd maintain Federal Flood Insurance, if available, within 45 days efter notice is given by
<br />Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan
<br />and eny prior liens on the property securing the loan, up to the maximum po(icy limits sei under the National Flood
<br />Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Appiication of Proceads. Trustor shall promptly notify Lender of any loss or damege to the Proparty if the
<br />estimated cost of repair or replacemant exceeds S 1,000.00. Lender may make proof of loss if Trustor fails to do
<br />so within fifteen (15) deys 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
<br />Indebtednass, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lendar
<br />elects to appty the proceeds to restoration and repair, Trustor shall repeir or replace the damagad or destroyed
<br />lmprovements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pey
<br />or reimbursa Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in defeult
<br />under this Deed of Trust. Any proceeds which have not been disbursed with+n 180 days after their receipt and
<br />which Lender has not committed to the repair or restoration of the Property shall be used first to pey any amount
<br />owing to Lender under this Deed of Trust, then to pay accrued intarast, and the remainder, if any, shall be applied
<br />to the principaf baiance of the Indebtedness. If Lender holds any proceeds after payment in full of the
<br />lndebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear.
<br />Compliance with F�cisting Indebtedness. During the period in which any Existing Indebtedness described below is
<br />in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
<br />tndebtedness shall constitute compliance with the insurance provisions under this Dead of Trust, to the extent
<br />compliance with the terms of this Deed of Trust would constitute a duplicetion of insurance requirament. If any
<br />proceeds from the insurence become payable on loss, tha provisions in this Deed of Trust for division of proceeds
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