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202204941
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7/5/2022 11:04:14 AM
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7/5/2022 11:04:13 AM
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DEEDS
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202204941
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202204941 <br />Security Instrument. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be <br />applied to restore or repair the Property, if it is economically feasible to do so. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days <br />from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for <br />insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option <br />either to restoration or repair of the Property or to the sums secured by this Security Instrument. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit <br />Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall comply with the provisions of any lease if this <br />Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a <br />planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or <br />covenants creating or governing the condominium or planned unit development, the by-laws and <br />regulations of the condominium or planned unit development, and the constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or if any action or proceeding is commenced which materially <br />affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may <br />make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action <br />as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph <br />7, with finance charges thereon, at the rate provided in the Credit Agreement, shall become additional <br />indebtedness of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to <br />other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting <br />payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. Any action taken by Lender under this paragraph shall not cure any breach <br />Borrower may have committed of any covenant or agreement under this Security Instrument. Borrower <br />agrees that Lender is subrogated to all of the rights and remedies of any prior lienor, to the extent of any <br />payment by Lender to such lienor. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of <br />the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying <br />reasonable 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 <br />lieu of condemnation, are hereby assigned and shall be paid to Lender, to the extent of any indebtedness <br />under the Credit Agreement, subject to the terms of any mortgage, deed of trust or other security <br />agreement with a lien which has priority over this Security Instrument. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of <br />the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the <br />original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any <br />right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude <br />the exercise of any such right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants <br />and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective <br />successors and assigns of Lender and Borrower, subject to the provisions of paragraph 21 hereof. All <br />covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this <br />Security Instrument, but does not execute the Credit Agreement, (a) is co-signing this Security Instrument <br />only to grant and convey that Borrower's interest in the Propertyto Trustee under the terms of this <br />Security Instrument, (b) is not personally liable under the Credt Agreement or under this Security <br />Instrument, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, <br />forbear, or make any other accommodations or amendments with regard to the terms of this Security <br />Instrument or the Credit Agreement, without that Borrower's consent and without releasing that Borrower <br />or modifying this Security Instrument 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) <br />any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />such notice by First class mail addressed to Borrower at the Property Address or at such other address <br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be <br />given by First class mail to Lender's address stated herein or to such other address as Lender may <br />designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument <br />shall be deemed to have 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 Security Instrument <br />shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit <br />the applicability of Federal law to this Security Instrument. In the event that any provision or clause of this <br />Page 4 of 7 ENE999-E (NE) <br />
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