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DEED OF TRUST
<br />(Continued) �+ Q� 1 Q 6 0 3 8 Page 3
<br />Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as
<br />Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies.
<br />Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business interruption, and
<br />boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor,
<br />upon request of Lender, will delNer to Lender from time to time the �licies or certificates of insurance in form
<br />satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in
<br />favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should
<br />the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a
<br />special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, 'rf available, for the full unpaid
<br />principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
<br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the
<br />term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
<br />make proof of loss 'rf Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is
<br />impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to
<br />the reduction of`t�ie "Inclebtedn�ss, payment of an� lien �ffecting the Property, or the restoration and repair of the
<br />Property. If Lender elects to apply the proceeds to restoration and repair, Trustorshall repair orreplace the damaged or
<br />destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure,
<br />pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration 'rf Trustor is not in default
<br />under this Deed of Trust. Any pr�eeds which have not been disbursed within 180 days after their receipt and which
<br />Lender has not committed to the repair or restoration of the Prope►ty shall be used first to pay any amount owing to
<br />Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal
<br />balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds
<br />shall be paid to Trustor as Trustor's interests may appear.
<br />Trustor's Report .on Insurance. Upon request of Lender, however not more than once a year, Trustor shall fumish to
<br />Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3)
<br />the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner
<br />of determining that value; and (5) the expiration date of the policy. Trustor shall, upon request of Lender, have an
<br />independent appraiser satisfactory to Lender determine 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
<br />Property or 'rf Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, includirtg but not
<br />limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed
<br />of Trust or any Related Documents, Lender on TrustoPs behalf may (but shall not be obligated to) take any action that Lender
<br />deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and
<br />other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the
<br />Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged
<br />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 and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the
<br />Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
<br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a ball�n payment which will be
<br />due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in
<br />addition to all other rights and remedies to which Lender may be entiUed upon Default.
<br />WARRANTY; DEFENSE OF TRLE. The following provisions relaUng to ownership of the Property are a part of this i`�egd oP
<br />Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and
<br />clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance
<br />policy, tiUe report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust,
<br />and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Tltle. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the tiUe to
<br />the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions
<br />Trustor's tiUe or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's
<br />expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the
<br />proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or
<br />cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing
<br />applicable laws, ordinances, and regulaUons of govemmental authorities.
<br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this
<br />Deed of Trust shall survNe the execution and delNery of this Deed of Trust, shall be continuing in nature, and shall
<br />remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
<br />Proc�edings. If any proceeding in condemnation is flled, Trustor shall promptly notify Lender in writing, and Trustor
<br />shall promptly take such steps as may be necessary to defend the action and obtain the award. 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
<br />the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments
<br />and documentation as may be requested by Lender from time to time to permit such participation.
<br />; A�}lk:at�6�r� �t AI�tProc�ed$• ., If aA cr any pari of the PEeperty Is condemneJ, by emin�nt domain pr�eedings oc by.any
<br />proceeding or purchase in lieu of condemnation, Lender may at its election r�uire that all'or any portion of the net
<br />proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of
<br />the award shall mean the award after payment of all reasonable costs, expenses, and attomeys' fees incurred by Trustee
<br />or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
<br />govemmentai taxes, fees and charges are a part of this Deed of Trust: Y �
<br />Current Taxes, Fees and Charg�. Upon request by Lender, Trustor shall execute such documents in addition to this
<br />Deed of Trust and take whatever other action is requested by Lender to perfect and continue LendePs lien on the Real
<br />Property. Trustor shall reimburse Lender for all taxes, as described below, together with aII expenses incurred in
<br />recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps,
<br />and other charges for recording or registering this Deed of Trust.
<br />Taues. The following shall constitute taxes to which this section applies: (1) a spec'rfic tax upon this type of Deed of
<br />Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a spec'rfic tax on Borrower which
<br />Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust;
<br />(3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a spec'rfic tax on
<br />all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
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