DEED OF TRUST <br />Loan No: 412420005782 (Continued) <br />Page 3 <br />Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such <br />other hazard and liability 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. Grantor, 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 shall 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 Grantor or any other person. If the dwelling and insurable Improvements located on the Real Property is or <br />becomes located in an area designated by the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees <br />to obtain and maintain Flood Insurance In an amount equal to the lesser of (1) the total line of credit under the Credit Agreement wilh <br />Lender, plus the outstanding principal balance of senior loans or lines of credit secured by the Real Property; (2) the maximum amount <br />of Flood Insurance coverage available through the National Flood Insurance Program; and (3) the full insurable value (100% of <br />replacement cost value) of the dwelling and insurable Improvements; or as otherwise required by law or Lender. If the dwelling is a <br />condominium unit, the condominium association must have a master Flood Insurance policy on the entire building which provides <br />coverage on Grantor's unit in at least this amount. If Grantor or the condominium association chooses to purchase Flood insurance <br />that covers less than 100% of the replacement cost value of the dwelling and Insurable Improvements because Lender does not <br />require that much coverage, Grantor acknowledges that he or she may not have enough insurance to repair the dwelling in the event <br />of a flood. The policies and/or endorsements must name Lender, Its successors, and assigns, as mortgagee and/or as an additional <br />loss payee. Grantor agrees to maintain such insurance for the term of the loan. The insurance requirements may change during the <br />term of this Deed of Trust. <br />If Grantor fails to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Lender's option and <br />Grantor's expense. This insurance Lender purchases will take effect as of the date that Grantors insurance was cancelled, expired or <br />no longer in effect for any reason. Except for Flood Insurance, Lender is under no obligation to purchase any particular type or amount <br />of coverage. Therefore, such coverage shall•cover Lender, but might or might not protect Grantor, Grantor's equity in the Property, or <br />the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in <br />effect. Grantor acknowledges that the cost of the Insurance coverage so obtained might significantly exceed the cost of Insurance <br />that Grantor could have obtained. Any amounts disbursed by Lender under this section are covered by the "Lender's Expenditures" <br />section of this Deed of Trust (see below) and shall be additional debt of Grantor secured by this need of Trust. <br />Application of Proceeds. Grantor shall promptly notify Lender of any toss or damage to the Property. Lender may make proof of loss if <br />Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at Lenders <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. Lender is not required to pay interest on any insurance <br />proceeds that it retains. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or <br />destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or <br />reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Deed of <br />Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or restoration of the Property stall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay <br />accrued Interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds <br />after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear. If any proceeds <br />are used to reduce the amount of principal which is owed to Lender under the Credit Agreement, that use will not delay the due date <br />or change the amount of any of the monthly payments under the Credit Agreement. However, 1 and Lender may agree in writing to <br />those delays or changes. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness 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 compliance 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 toss, 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 />Lender's Expenditures. If Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims <br />(2) to provide any required insurance on the Property, or (3) to make repairs to the Property or to comply with any obligation to maintain <br />Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would <br />materially affect Lenders Interests In the Property, then Lender on Grantors behalf may, but is not required to, take any action that Lender <br />believes to be appropriate to protect Lenders interests. All expenses Incurred or paid by Lender for such purposes will then bear interest at <br />the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such <br />expenses will become a part of the Indebtedness and, at Lenders option, will (1) be payable on demand; (2) be added to the balance of <br />the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (a) the term <br />of any applicable insurance policy; or (b) the remaining term of the Credit Agreement; or (3) be treated as a balloon payment which will <br />be due and payable at the Credit Agreement's maturity. The Property also will secure payment of these amounts. The rights provided for <br />in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any <br />such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Grantor warrants that: (a) Grantor 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 the Existing Indebtedness section below or in <br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Grantor 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 Grantors title or the <br />interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantors expense. Grantor 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 Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable <br />laws, ordinances, and regulations of governmental authorities. <br />Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution <br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Grantors <br />Indebtedness is paid in full. <br />Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of <br />an existing obligation. The existing obligation has a current principal balance of approximately $40401. Grantor expressly covenants <br />and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default <br />under the Instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. <br />No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security <br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without <br />the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement <br />without the prior written consent of Lender. <br />Condemnation. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: <br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify tender in writing, and Grantor shall promptly <br />take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party 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 Grantor will deliver 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 />