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0 010484 <br />7. 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 subject to the terns of any <br />mortgage, deed of trust or other security agreement with a hen which has priority over this heed of Trust. <br />8. Borrower Not Released; Forbearance By Lender Not a Waiver. The Borrower shag remain liable <br />for full payment of the principal and Interest on the Note (or any advancement or obligation) secured <br />hereby, notwithstanding any of the following: (a) the sale of all or a part of the premises, (b) the <br />assumption by another party of the Borrower's obligations hereunder, (c) the forbearance or extension of <br />time for payment or performance of any obligation hereunder, whether granted to Borrower or a <br />subsequent owner of the property, and (d) the release of all or any part of the premises securing said <br />obligations or the release of any party who assumes payment of the same. None of the foregoing shall in <br />any way affect the full force and effect of the pen of this Deed of Trust or impair Lender's right to a <br />deficiency judgment (In the event of foreclosure) against Borrower or any party assuming the obligations <br />hereunder, to the extent permitted by applicable law. <br />Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by <br />applicable law, shall not be a welverof or preclude the exercise of any such right or remedy. <br />8. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- <br />signs this Security instrument but does not execute the Note (a 'co-signer: (a) is co- signing this Security <br />Instrument only to mortgage, grant and convey the co- signer's Interest in the Property under the terms of <br />this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; <br />and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or rake any <br />accommodations with regard to the terns of this Security Instrument or the Note without the co- signer's <br />consent. <br />Subject to the provisions of Section 14, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and Is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Borrower shag not be released from <br />Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shag bind and benefit the successors <br />and assigns of Lender. <br />10. 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 <br />notice by first class mail addressed to Borrower or the current owner at the Property Address or at such <br />other address as Borrower may designate in writing by notice to Lender as provided herein, and any other <br />person personally liable on this Note as these person's names and addresses appear in the Lender's <br />records at the time of giving notice and (b) any notice to Lender shag be given by first Gass map to <br />Lenders address stated herein or to such other address as Lender may designate by notice to Borrower <br />as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to <br />Borrower or Lender when given in the manner designated herein. <br />11. Governing Law; Severabliity. 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 Iing the <br />applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of <br />Taut or the Note conflicts with applicable law, such conflicts shall not affect other provisions of this Deed <br />of Trust or the Note which can be given effect without the conflicting provision, and to this end the <br />provisions of this Deed of Trust and the Note are declared to be severable. As used herein "costs <br />°expenses' and "attorneys' fees include all sums to the extent not prohibited by applicable law or purged <br />herein. <br />12. Borrower's Copy. Borrower shall be fumished a conformed copy of the Note, this Deed of Trust and <br />Rlder(s) at the time of execution or after recordation hereof. <br />13. Rehabilitation Loan Agreement. Borrower shag fulfill all of Borrower's obligations under any home <br />rehabilitation, Improvement, repair or other ban agreement which Borrower enders into with Lender. <br />Lender, at Lenders option, may require Borrower to execute and deliver to Lender, in a forth acceptable <br />to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who <br />supply labor, materials or services in connection with improvements made to the Property. <br />U. Transfer of the Property or a Beneficial Interest in Bomwer, Assumption. As used in this Section <br />14, "Interest in the Property means any legal or beneficial interest in the Property, including, but not limped <br />to, those beneficial Interests transferred in a bond for deed, contract for deed, Installment sales contract or <br />escrow agreement, the (tent of which Is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or arty Interest in the Property is sold or transferred (or if Borrower is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written <br />consent, Leader may require Immediate payment In full of all sums secured by this Security Instrument. <br />However, this option shall not be exercised by Lender if such exerese is prohibited by federal law. <br />If Lender exercises this option, Lender shall ghre Borrower notice of acceleration. The notice shag <br />provide a period of not less than 30 days from the date the notice Is given In accordance with Section 10 <br />NE Deed of Truer Page 3 Loan Number: 173 8881233413f0006877407 <br />230M nedeed (Rev 08, 940) <br />