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200004458 <br />Deed of Trust, continued <br />successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and <br />Trustor's successors in interest. Lender shall not be required to commence proceedings against such successor or <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by <br />reason of any demand made by the original Trustor and Trustor's successors in interest. Any forbearance by Lender <br />in 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 <br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective <br />successors and assigns of Lender and Trustor, subject to the provisions of paragraph 16 hereof. All covenants and <br />agreements of Trustor shall be joint and several. Any Trustor who co -signs this Deed of Trust, but does not execute <br />the Note, (a) is co- signing this Deed of Trust only to grant and convey that Trustor's interest in the Property to <br />Lender under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and <br />(c) agrees that Lender and any other Trustor hereunder may agree to extend, modify, forbear, or make any other <br />accommodations with regard to the terms of this Deed of Trust or the Note without that Trustor's consent and without <br />releasing that Trustor or modifying this Deed of Trust as to that Trustor'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 />Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by first -class <br />postage paid, addressed to Trustor at the Property Address or at such other address as Trustor may designate by <br />notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address <br />stated herein or to such other address as Lender may designate by notice to Trustor as provided herein. Any notice <br />provided for in this Deed of Trust shall be deemed to have been given to Trustor 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 <br />laws of California except where pre - empted or allowed by Federal law, in which case Federal law will apply, except <br />to the extent that the procedural laws of the state where the Property is located are applicable and are not pre - empted <br />by Federal law. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect <br />without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br />severable. As used herein, "costs ", "expenses ", and "attorneys' fees" include all sums to the extent not prohibited by <br />applicable law or limited herein. <br />14. TRUSTOR'S COPY. Trustor shall be furnished with 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. Trustor shall fulfill all of Trustor's obligations under any home <br />rehabilitation, improvement, repair, or other loan agreement which Trustor enters into with Lender. Lender, at <br />Lender's option, may require Trustor to execute and deliver to Lender, in a form acceptable to Lender, an assignment <br />of any rights, claims or defenses which Trustor may have against parties who supply labor, materials or services in <br />connection with improvements made to the Property. <br />16. DUE ON TRANSFER 16. PROVISION - TRANSFER OF THE PROPERTY. If all or any part of the Property <br />or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is not <br />a natural person) without Lender's prior written consent, Lender may, at Lender's option, require immediate payment <br />in full of all sums secured by this Deed of Trust. However, Lender shall not exercise this option if the exercise is <br />prohibited by applicable law as of the date of this Deed of Trust. If Lender exercises this option, Lender shall give <br />Trustor notice of acceleration. The notice shall provide a period of not less than 30 days <br />CFD FRHEL Deed of Trust — Nebraska 3/2000 4 of 7 <br />