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99108325
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Last modified
3/13/2012 7:02:30 PM
Creation date
10/21/2005 12:27:17 AM
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DEEDS
Inst Number
99108325
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. . � , . <br /> � . 9�t�s3�� <br /> shall keep the Property in good repair and shall not commit waste or permit impaument or deterioration of the Property and <br /> shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a <br /> condominium or a 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 regulations of the <br /> condominium or planned unit development,and constituent documents. <br /> 6. 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' <br /> fees,and take such actions as is necessary to protect Lender's interest. <br /> Any amounts disbursed by Lender pursuant to this paragraph 6, 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 <br /> contained in this paragraph 6 shall require Lender to incur any expense or take any action hereunder. <br /> 7. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br /> interest in the Property. <br /> 8. 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 with a <br /> lien which has priority over this Deed of Trust. <br /> 9. Borrower Not Released; Forbearance By Lender Not a Waiver. The Borrower shall remain liable for full payment <br /> of the principal and interest on the Note (or any advancement or obligation) secured hereby, notwithstanding any of the <br /> following: (a)The sale of all or a part of the premises, (b)the assumption by another party of the Borrower's obligations <br /> hereunder, (c) the forbearance or extension of time for payment or performance of any obligation hereunder, whether <br /> granted to Borrower or a subsequent owner of the property, and(d)the release of all or any part of the premises securing <br /> said obligations or the release of any party who assumes payment of the same. None of the foregoing shall in any way <br /> affect the full force and effect of the lien of this Deed of Trust or impair Lender's right to a deficiency judgment(in the event <br /> of foreclosure)against Borrower or any party assuming the obligations hereunder. <br /> Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by applicable law, shall not <br /> be a waiver of or preclude the exercise of any such right or remedy. <br /> 10. 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 15 hereof. All covenants and agreements of Bonower 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 <br /> and convey that Borrower's interest in the Property to Lender under the terms of this Deed of Trust, (b) is not personally <br /> liable on the Note or under this Deed of Trust, and(c)agrees that Lender and any other Borrower hereunder may agree to <br /> extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note <br /> without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's <br /> interest in the Property. <br /> 11. 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 first class mail addressed to <br /> Borrower or the current owner at the Property Address or at such other address as Borrower may designate by notice to <br /> Lender as provided herein,and any other person personally liable on this Note as these person's names and addresses appear <br /> in the Lender's records at the time of giving notice and(b)any notice to Lender shall be given by first class mail to Lender's <br /> address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br /> notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the <br /> manner designated herein. <br /> 12. 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 <br /> Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law,such <br /> conflicts shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting <br /> provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein <br /> "costs","expenses"and"attorneys'fees"include all sums to the extent not prohibited by applicable law or limited herein. <br /> 13. Borrower's Copy. Bonower shall be furnished a conformed copy of the Note, this Deed of Trust and Rider(s) at the <br /> time of execution or after recordation hereof. <br /> 230792(Rev 07) Page 3 (01/47)NE FR/ARM/PEL Deed <br /> 8881051602 <br />
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