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20000263 °. <br />Lender's interest in the Property,: tliprr Lender, at Lender's option, upon notice to Borrower, may make such <br />appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to <br />protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by <br />this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such <br />time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written <br />agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, <br />shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender <br />agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower <br />requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or <br />take any action 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 <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of <br />trust or 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 <br />or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor <br />in 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 <br />successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable <br />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 <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and <br />assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and <br />agreements of Borrower shall be joint and several. Any Borrower who co -signs this Deed of Trust, but does not <br />execute the Note, (a) is co- signing this Deed of Trust only to grant and convey that Borrower's interest in the <br />Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this <br />Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, <br />forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without <br />that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that <br />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 <br />notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice <br />by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may <br />designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail <br />to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as <br />provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower <br />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 <br />laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability <br />of federal law 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 />Initials: 0 <br />AJ,!r� Page 4 of 7 - 76(NE)(98a3) �,, Form 3828 <br />"""® v <br />.e <br />