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09/04/2009 1156— 209-9562 CBSJ • PAGE 03
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<br /> DEED OF TRUST
<br /> Loan No: 10055409 (Continued) Page 2
<br /> D
<br /> raprasantarans and warranties contained herein elle basad on Trusldrs duo dglgence In Investlgeting the Property loll Hazardous
<br /> Substances. Trustor hereby (1) releases and welvsa any future claims against Lender for Indemnity or conribution In the event Trustor
<br /> becomes liable for cleanup or other costs under any such laws;and (2) agrees to Indemnity and hold harmless Lender against any and all
<br /> claims,losses,Ilr bigffas, damages,penalles,and erpensas which Lander may directly or Indirectly sustain or surfer resulting from a breach
<br /> of this seen an of the Dead of Trust of as a consequence of Any use, generation, manufacture, storage, disposal, releasa or Ihreolaned
<br /> releasa occurring pdor to Tnlslees ownership or Interest In the Property,whether or not the same was or should have been known to Tmslar.
<br /> The provisions of this section of the Dead of Trust,Including rhe ob5gatf6n to Indamnry,shag survive the payment of the Indebtedness and
<br /> the saasfeellorr and reconveyance of the lien of this Coed of Trust and shag not be effected by Comforts acquisition of any Interesl In the
<br /> Property,whether by foreclosure or otherwlse.
<br /> Nuisance,Waste. Truslor shall nor cause,conduct a parmr Any nuisance nor commit permit,or suffor any stopping or or waste on or to
<br /> the Property a any portion of me Property. O'ghaut gaining the generany of the foregoing,Truslor will not remove,or grant to any other
<br /> party the right to remove,any DOI minarais(Including oil and gas),coal, clay,scode, soil,gravel or rode products without Landers prior.
<br /> wrifian consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvamants from the Reel Property without Lenders prior wrlhon
<br /> consent As a condition to the removal of any Impmvamunts,Lender may require Truslor to make arrangements satisfactory to Lander to
<br /> replace such Improvements with Improvements of at least equal.value.
<br /> Lender's Right to Piller. Lender and Lander's Agents and representatives may afler upon the Real Property at ell reasonable groes to
<br /> offend to Lenders Interests and to Inspect the Real Property ran:purposes of Trustor's compliance with the terms and conditions of this Deed
<br /> of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws,ordinances,and regulations, now or hereafter
<br /> In effect, of AI govarnmantal authodtlas applicable to the use or occupancy of the Praperty,•Including withnul Ilmllatlon,the Americans With
<br /> Disabilities Act. Truslor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br /> Including Appropriate appeals,so long as TrU5Mr has norged Lender In writing prior to doing so and so long as,In Lenders sale opinion.
<br /> Lenders Interests In the Property are not leopardlmd. Lander may require Trustor to posl adequate.security, or a surety bond, reasonably
<br /> saflsfactory to Lander,to proteal Lenders interest
<br /> Duty to Protect. Truslor agrees neither to abandon or leave unafiandad the Property. Truslor shall do all other acts,in addition to those
<br /> acts set forth above In this salon,which from the character and use of.the,Properly are reasonably necessary to protect and preserve the _
<br /> Property.'
<br /> DUE ON SALE—CONSENT 6Y LENDER. Lender may,at Lenders option,declare Immediately due And payable all sums secured by this Deed
<br /> of Trust upon the sale or transfer,without Lenders prior wrmen consant,of all or any pad of the Real Property,or any Interest In the Real Property.
<br /> A"sale or transfer'means the conveyance of Real property or any tlghl.Hila or Internet In the Real Property,whether logo],beneficial or equitable;
<br /> whether voluntary or Involuntary;whether by outright sale,deed,Installment sale contract,lend contract,contract for deed,laasahold Interest with
<br /> a term greeter then three (3)years,leasa-0pllon contract, or by sale, assignment, or transfer of any benenclal Interest in or to any land trust
<br /> holding true to the Reel Property, or by any other method of conveyance of an Interest In the Real Property. If any Trustor is a corporator,
<br /> padnershlp Or limited flabl111y,company,transfer also indudas any charga In awnsuof moreTruslthan
<br /> twenty-five
<br /> file Doltopercent 25%)t of the voting
<br /> stock,partnership Interests or limited liability company Inlerasts,As the case may be,or such
<br /> ed
<br /> by Lander II such exercise Is prohibltsd by applicable law,
<br /> TAXES AND LIEN$. The falrowing provisions relating to the loxes and lions on the Property are pad of this Dead or Trust:
<br /> Payment. Truslor shall pay when due (and In All events at Is1 ton(10)days prior to delinquency)AD taxes,spacial taxes, assessments,
<br /> cherues(Including water and sawar),Anes And Imposllkns rev ad against or on account of the Properly,and shag pay when duo all claims
<br /> for work done on or for sawIcas randered or matelot fumishgd to the Property. Truslor shag maintain the Property free of all liens having
<br /> priority over a equal to the Interest of Lender under this Daedlot Trust,except for the Ian of taxes and Assaasments not due end except as
<br /> otherwise provided in this Deed of Trust.
<br /> Right to Contest. Truslor may withhold paymani of any lex,11 s0.mani,or claim In connection with a good faith dispute over the obligation
<br /> 10 pay,so long as Lenders Interest In the,P,roperly la not leoparelaed. Ila lien adses or is Mod as a result tri nonpaymenl,Truslor shall mthln
<br /> neon(15)days ager the Ilan arises or,If a non Ls filed,within nItaen(16)dAys eller Trustor hes notice of the Ipng,secure Ira discharge of the
<br /> Hen.or II requested by Lender, deposit with Lander cash or aLsufficient corporate surely bond or other security satisfactory to Lender In an
<br /> amount suf ckmI to discharga the Aon plus any costs and all nays`loss,or other Charges that could acerua As a result of a foreclosure or
<br /> sale under the gen. In any contest.Truslor shall defend Itself and Lender and shall sellsfy any edvarso Judgment before enforcement against
<br /> the Properly. Truslor shall name Lander as an additional obligee under any surety bond furnished In the contest proceedings.
<br /> Evidence of Payment..Tmstor,shail upon demand furnish to Bender satisfactory evidence of payment of the taxes or assessments and shall
<br /> authorize the Appropriate governmental art to deliver to Lander at any Ifme a written statement of the taxes and assessments against the
<br /> Property.
<br /> Notice of Construction. Trustor shag notify Lender at least I lean(15)days before any work Is commenced,any services are furnished,or
<br /> any materials are supplied Io the Property.11 any moehanle's gen,meledsimen's lien,or afire,tion could be asserted on account of Ihn work,
<br /> services,or materials and the cost exceeds$5,000.M. Trustarlwlll upon request of Lander famish to Lander advance assurances setlsfaolory
<br /> to Lander that Trustor can and will pay the cost at such impravaments.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions totaling 10 insuring the Property Are a part of this Coed of Trust.
<br /> Maintenance of Insurance. Trustor shell procure and malnlalh policies of lire insurance with standard extended overage endorsements an
<br /> a replacement basis for the full Insurable value oovaring all Improvements on the Real Property In an amount sufficient to avoid application of
<br /> any coinsurance clause,and with a standard mortgagee clause In favor of Lender. Truslor shall also procure And malydaln comprehensive
<br /> general flablllty,Insurance In such ccvoraga amounts As Lender may raquest with Trustee and Lender batng named as Addttlaml Insureds In
<br /> such liability Insurance policies. Addnlonally, Truslar shell maintain such other Insurance. Including but not limned to hazard, business
<br /> Inlornjpeon,and bolter Insurance,es Lander may reasonably raqulre. Notwithstanding the foregoing,In no event shall Truslor be required to
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