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r <br /> � yVADE'H WILKINS ,�•, �/V�v��73 , 202598 08/19/1999 <br /> Rt. <br /> 9. Condemnation. The proceeds of any award or claim for damages, dir�Zt o�consequeutial, in connection with any <br /> condemnatiou or other takiug of the Property, or part thereof, or for couveyance in lieu of condemnation, are l�ereby <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 prioriry 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 iv interest of <br /> Borrower shall uot operate fo release, in any mamier, the liability of the original Borrower and Borrower's successors in <br /> interest. Lender shall not be required to corrunence proceedings agai�ist such successor or refuse to extend time for payment <br /> or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original <br /> Borrower and Borrower's successors in interest. Any forbearance by Lender iti exercisiug any right or remedy hereunder, <br /> or otherwise afforded by applicable law, sl�all not be a waiver of or preclude the exercise of any such right ar re�nedy. <br /> 11. Successors and Assigns Bouncl; Joint and Several Liability; Co-signers. The coveuauts and agreements herein <br /> contained sl�all bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br /> suhject to the provisious of paragraph l6 hereof. All covenants and agreements of Borrower sliall be joiut and several. <br /> Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust oiily to <br /> grant aud couvey that Borrower's interest in the Properry to Trustee under the terms of this Deed of Trust, (b) is uot <br /> personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder <br /> may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or <br /> the Note, witl�out that Borrower's consent and without releasing that Borrower or u�odifying this Deed of Trust as to tl�at <br /> Borrower's interest in tl�e Property. <br /> 12. Notice. Except for any notice required under applicable law to be given in another maimer, (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 as <br /> provided herein, and (b) any notice to Lender shall be given by certitied mail tc� Lender's address stated herein or to such <br /> e�ther address as Lender may designate by uotice to Borrower as provided herein. Any notice provided for in this Deed of <br /> Trust shall be deemed to liave been given to Borrower or Lender when given in tlie manuer desi�nated herein. <br /> 13. Governing L2w; Severability. The state and local laws applicahle to this Deed of Trust shall be the laws of the <br /> jurisdictiou in wl�ich the Property is located. The foregoing sentence sliall not limit the applicability of Federal law to this <br /> Deed of Trust. In tl�e event that any provision or clause of this Deed of Trust or tlie Note conflicts witb applicable law, <br /> such conflict sliall not affect other provisions of this Deed of Trust or the Note which can be given effect witliout the <br /> conflictiug provision, and to this end the provisions of this Deed of Trust aud tl�e Note are declared to be severable. As <br /> used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent uot pmhibited by applicable law or <br /> limited herein. <br /> 14. Borrower's Copy. Borrower shall be furnished a rnnfornied copy of the Note and of this Deed of Trust at the <br /> time of execution or after recordation l�ereof. <br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br /> reliabilitatioti, improvement, repair or other loan agreement whicl� Borrower euters into witli Lender. Lender, at Lender's <br /> option, may reyuire Borrower to execute and deliver to Leuder, in a fonn acceptable to Lender, an assignment of any <br /> rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in comiection <br /> with improvemeuts made to the Property. <br /> 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br /> person) without Lender's prior written cousent, Leuder may, at its option, require immediate payment in full of all sums <br /> secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal <br /> law as af the date of this Deed of Trust. <br /> lf Lender exercises this option, Lender shall give Borrower notice of acceleratiou. The notice shall provide a period <br /> of uot less than 30 days from the date the uotice is delivered or mailed within which Borrower must pay all sums secured <br /> by this Deed of Trust. If Borrower fails to pay tliese sums prior to the expiration of this period, Lender may invoke any <br /> remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> NON-U[VIFORM COVENANTS. Borrower and Lender further coveuant and agree as follows: <br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br /> covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br /> calenclar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give <br /> notice to Borrower as provided in .�aragraph 12 hereof specifying: (1) the breach; (2) the action required to cure <br /> such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach <br /> must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in <br /> acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of <br /> a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date <br /> speciFed in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be <br /> immediately due and payable without further clemand and may invoke the power of sale and any other remedies <br /> permittecl by applicable law. Lender shall be entitled to collect all reasonable costs ancl expenses incurred in <br /> pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. <br /> if the power of sale is invoked, Trustee shall record a notice of defaiilt in each county in which the Property or <br /> some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br /> Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by <br /> applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable <br /> law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time <br /> and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee <br /> may cletermine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br /> and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall cleliver to the purchaser Trustee's deed conveying the <br /> Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceecls of the sale in the following order: (a) to all reasonable costs and expenses of <br /> the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of the gross sale price, <br /> reasonable attorneys' fees and costs of title eviclence; (b) to all sums secured by this Deed of Trust; and (c) the <br /> excess, if any, to the person or persons legally entitled thereto. <br />