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� .. :, , ;; .` .�Q,p���"s•'4� (Page 3 of 5) <br /> 4 _C , <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br /> postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. <br /> If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds <br /> resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by <br /> this Security Instrument immediately prior to the acquisition. <br /> 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br /> Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of <br /> the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of <br /> Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br /> obligations under the declaration or covenants creating or governing tl:ie condominium or planned unit development, the <br /> by-laws and regulations of the condominium or planned unit development, and constituent documents. <br /> 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br /> Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br /> then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br /> reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br /> insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br /> maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br /> Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this <br /> paragraph 7, with interest thereon, at the applicable contract rate, shall become additional indebtedness of Borrower <br /> secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be <br /> payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall <br /> require Lender to incur any expense or take any action hereunder. <br /> 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br /> provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related <br /> to Lender's interest in the Property. <br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby <br /> assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security.agreement <br /> 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 interest <br /> of Borrower and all other parties who are or hereafter become secondarily liable shall not operate to release, in any <br /> manner, the liability of the�original Borrower and Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against such successor or refuse to estend t'rme fcr payment or otherwise modify amortization <br /> of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's <br /> successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by <br /> applicable law, shall not be a 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 Lender and <br /> Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and <br /> several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of <br /> Trust only to grant and convey that Borrower's interest in the Property to Lender under the terms of this Deed of Trust, <br /> (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower <br /> hereunder may agree to extend, modify, for�ear, or make any other accommodations with regard to the terms of this <br /> ' Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br /> of Trust as to that Borrower's interest in the Property. <br /> 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br /> $orrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br /> addressed<to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br /> as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to <br /> such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided'for in this <br /> Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> 13. Governing Law; Severability. The state and local laws of the jurisdiction in which the Property is located shall <br /> apply except where such laws conflict with Federal law; in which case, Federal law shall apply. In the event that any <br /> provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other <br /> provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end <br /> the"provisions of this Deed of Trust and the Note are declared to be severable. As used'herein, "costs," "expenses," and <br /> "attorneys' fees" include all 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, if <br /> requested,_at 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 assignment <br /> of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br /> connection with improvements made to the Property. <br /> 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, <br /> excluding .(a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) a transfer by devise, descent, <br /> or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not <br /> containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a <br /> transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower <br /> become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation <br /> agreernent, or from an incidental property settlement agreement, by which the spouse of the Borrower �becomes an <br /> 01-01-00 DOT NE007943 <br /> ORI GINAL Illllllllilllllulllllllllllllll IIIIIINAIIIIIIIIIIUIIIIIINII�IIIIIIIINnIIIIIIIIIIIIIIIINIIIIIIIII <br />