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200010977 (Page 3 of 5) <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. <br />If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds <br />resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by <br />this Security Instrument immediately prior to the acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of <br />the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of <br />Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations under the declaration or covenants creating or governing the condominium or planned unit development, the <br />by-laws and regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this <br />paragraph 7, with interest thereon, at the applicable contract rate, shall become additional indebtedness of Borrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be <br />payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall <br />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, <br />provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related <br />to Lender's interest in 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 <br />assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement <br />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 or <br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest <br />of Borrower and all other parties who are or hereafter become secondarily liable shall not operate to release, in any <br />manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to <br />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 <br />successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by <br />applicable 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 agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br />Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and <br />several. Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of <br />Trust only to grant and convey that Borrower's interest in the Property to Lender under the terms of this Deed of Trust, <br />(b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br />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 <br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br />as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust 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 of the jurisdiction in which the Property is located shall <br />apply except where such laws conflict with Federal law; in which case, Federal law shall apply. In the event that any <br />provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end <br />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 of this Deed of Trust, if <br />requested, at the time of execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at <br />Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment <br />of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br />connection with improvements made to the Property. <br />16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) a transfer by devise, descent, <br />or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not <br />containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a <br />transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower <br />become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation <br />agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an <br />01 -01 -00 DOT NE007943 <br />