� 2000000�5
<br /> 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in
<br /> this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the
<br /> Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such
<br /> sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If
<br /> Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower
<br /> shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such
<br /> insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
<br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall
<br /> become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to
<br /> other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment
<br /> thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action
<br /> hereunder.
<br /> 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
<br /> Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable
<br /> cause therefor related to Lender's interest in the Property.
<br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
<br /> with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condem-
<br /> nation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or
<br /> other security agreement with a lien which has priority over this Deed of Trust.
<br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br /> modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in
<br /> interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br /> Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor
<br /> or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust
<br /> by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance
<br /> by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
<br /> waiver of or preclude the exercise of any such right or remedy.
<br /> 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
<br /> herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
<br /> Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of
<br /> Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the
<br /> Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to
<br /> Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust,
<br /> and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any
<br /> other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's
<br /> consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the
<br /> Property.
<br /> 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice
<br /> to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified
<br /> mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by
<br /> notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's
<br /> address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein.
<br /> Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when
<br /> given in the manner designated herein.
<br /> 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws
<br /> of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of
<br /> Federal �aw to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note
<br /> conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note
<br /> which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust
<br /> and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all
<br /> sums to the extent not prohibited by applicable law or limited herein.
<br /> 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at
<br /> the time of execution or after recordation hereof.
<br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
<br /> rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
<br /> Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an
<br /> assignment of any rights, claims or defenses which Borrower may have against parties who supply labor,
<br /> materials or services in connection with improvements made to the Property.
<br /> 16. Transfer of Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
<br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
<br /> natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
<br /> full of all sums secured by this Deed ot Trust. However, this option shall not be exercised by Lender if exercise is
<br /> prohibited by federal law as of the date of this Deed of Trust.
<br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
<br /> period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay
<br /> G.
<br /> ENE20 ,4SER16849LL
<br />
|