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Loan No: 94006380 200406738 Data ID: 333
<br />8. Inspection. Lender m,-,y 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 Properly.
<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 />10. Borrower Not Relea 9ed; 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 r+ lease, 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 'oy 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 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 Trustee under the terms of this Deed of Trust,
<br />(b) is not personally liable on the ;Mote 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; Seve:rability. 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. The foregoing sentence shall not limit the applicability of federal law
<br />to this Deed of Trust. In the e-,ent 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," "expenses" and "attorneys' fees" include all sums to the extent 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 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 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 P operty.
<br />16. 'Transfer of the Prop -rty 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 transferred and Borrower is not a
<br />natural person) without Lender's rrior written consent, Lender may, at its option, require immediate payment in full of
<br />all sums secured by this Deed of `rust. However, this option shall not be exercised by Lender if exercise is prohibited
<br />by federal law as of the date of tl-.is 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 expiration 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 i,i 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 payble 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 g.:ve 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 teems 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 1180 (Page 3 of 5 Pages)
<br />DA Q
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