200000741
<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
<br /> hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security
<br /> 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 interest
<br /> of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's
<br /> successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to
<br /> extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of
<br /> any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in
<br /> exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or
<br /> 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
<br /> and Bonower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Bonower shall be
<br /> joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing
<br /> this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this
<br /> Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and
<br /> any other Bonower hereunder may agree to extend, modify, forbear, or make any other accommodations with regazd
<br /> to the terms of this Deed of Trust or the P�1ote, without that Borrower's consent and without releasing that Bonower
<br /> or modifying 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 Bonower may designate by notice to
<br /> Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated
<br /> herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice
<br /> provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the
<br /> manner designated herein.
<br /> 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of
<br /> the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal
<br /> law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with
<br /> applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared
<br /> to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not
<br /> 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 Bonower to execute and deliver to Lender, in a form acceptable to Lender, an
<br /> assignment of any rights, claims or defenses which Bonower may have against parties who supply labor, materials or
<br /> services in 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 beneficial interest in Bonower 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
<br /> of all sums secured by this Deed of 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 Bonower 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 all
<br /> sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br /> may 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
<br /> give notice to Borrower as provided in paragraph 12 hereof specifying: (1)the breach; (2) the action required to
<br /> cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which
<br /> such breach must be cured; and (4)that failure to cure such breach on or before the date sp �( �i�d�iq�7 J}he notice
<br /> Initialse%��;`fy(n�/.
<br /> y-�-.�„
<br /> � -76(NE)Isaos) Paye a or s Form 3828
<br /> �
<br />. I
<br />
|