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� <br /> Loan No: 99-0215 9.7 1 U 9 3 7 3 Data ID: 276 <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 <br /> any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are <br /> hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security <br /> agreement with a lien which has priority over this Deed of Trust. <br /> L0. 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 shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors <br /> in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br /> payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by <br /> the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br /> hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right <br /> 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 w-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of <br /> Trust only to grant and wnvey that Borrower's interest in the Property to Trustee 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 Deed <br /> of Trust or the Note without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust <br /> 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 <br /> to 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 applicable to this Deed of Trust shall be the laws <br /> of the jurisdiction in which the Property is located. T'he foregoing sentence shall not limit the applicability of federal law <br /> to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect <br /> without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br /> severable. As used herein, "costs," "eapenses" and "attorneys' fees" include all sums to the ea-tent not prohibited by <br /> 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 at <br /> the time of execution or after rewrdation 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 Lender's <br /> option, may require Borrower to execute and deliver to Lender, in a form 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 connection �=� <br /> with improvements 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 � <br /> interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfened and Borrower is not a , <br /> natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of <br /> all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited <br /> by federal law as of the date of this Deed of Trust. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br /> period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br /> secured by this Deed of Trust. If Borrower fails to pay these sums prior to the e�iration of this period, Lender may � <br /> invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant 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 /> calendar 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 paragraph 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 <br /> of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the <br /> date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust <br /> to be immediately due and payable without further demand and may invoke the power of sale and any other <br /> remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred <br /> in 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 default in each county in which the Property <br /> or 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 <br /> by 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 <br /> time and place and under the terms designated in the notice of sale in one or more parcels and in such order as <br /> Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement <br /> at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property <br /> at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br /> the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br /> made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and <br /> expenses of the sale, including, but not limited to, Trustee's fees actually incurred of not more than fifty dollars or <br /> one-half of one percent of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums <br /> secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. <br /> Form 3828 1/80 (Page 3 of 5 Pages) <br />