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200007345 <br />LOAN #: 3292216 <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of <br />Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at <br />Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, <br />and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making <br />the loan secured by 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 agreement or <br />applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become <br />additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of <br />payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in <br />this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that <br />Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in <br />the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and <br />shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has a <br />priority over this Deed of Trust. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification <br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not <br />operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in <br />interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall <br />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 agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any <br />Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of Trust only to grant and <br />convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the <br />Note or under this 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 that Borrower's <br />consent and without releasing that Borrower 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 Borrower <br />provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to <br />Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, <br />and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender <br />may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have <br />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 Deed of <br />Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to <br />this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and <br />"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of <br />execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, <br />improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require <br />Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which <br />Borrower may have against parties who supply labor, materials or services in connection with improvements made to the <br />Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is <br />sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without <br />Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of <br />Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of <br />Trust. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed <br />of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by <br />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 covenant or <br />agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after <br />they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as <br />provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not <br />less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure <br />to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this <br />Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower <br />to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, <br />Initials: <br />�® 76(NE) (9803) CHL (03/98) Page 3 of 5 <br />