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�00001159 <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 Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be <br /> joint and several. Any Bonower 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 Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard <br /> to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower <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 Borrower 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 Bonower 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, materials or <br /> services in connection with improvements made to the Property. <br /> 16. Transfer of the Property or a Bene�cial 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 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 <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 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 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 speci i e notice <br /> Initials' ' <br /> ��-76(NE) �saos� Page 4 of 6 Form 3828 <br /> — ,..� <br />