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2 0:0 0 O,U:'�:�� � .: <br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br /> any 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 of <br /> Borrower shall not operate to release,in any manner,the liability of the original Borrower and Borrower's successors in <br /> interest. L,ender shall not be required to commence proceedings against such successor or refuse to extend time for <br /> payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by <br /> the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or <br /> remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any <br /> 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 <br /> and several. Any Borrower who co-signs this Deed of Trust,but does not execute the Note, (a) is co-signing this Deed <br /> of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of <br /> Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lznder and any other <br /> Borrower hereunder may agree to extend, modify, forbear,or make any other accommodations with regard to the terms <br /> of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying <br /> this Deed 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 /> Borrower 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 applicable to this Deed of Trust shall be the laws of the <br /> jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this <br /> Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, <br /> such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the <br /> conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As <br /> used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or <br /> limited herein. <br /> 14.Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the <br /> 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 or a Beneficial Interest in Borrower. If all or any part of the Property or any <br /> interest in it is sold or transferred (or if a beneficiai 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 full of <br /> all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited <br /> 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 period <br /> of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br /> secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may <br /> invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br /> covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br /> calendar days after they are due,any sums secured by this Deed of Trust, Lender prior to acceleration shall give <br /> notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure <br /> such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such <br /> breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br /> initials: ' .,, <br /> � -76(NE) (9803) Page 4 of 6 Form 3828 <br /> 0 <br />