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200411289
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200411289
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Last modified
10/16/2011 11:20:18 PM
Creation date
10/21/2005 5:59:13 AM
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DEEDS
Inst Number
200411289
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200411289 <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by <br />Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and <br />renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in <br />favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals <br />thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which <br />has priority over this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender <br />may make proof of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days <br />from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for <br />insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option <br />either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit <br />Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed <br />of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit <br />development, Borrower shall perform all of Borrower's obligations under the declaration or covenants <br />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 />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements <br />contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects <br />Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make <br />such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is <br />necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the <br />loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance <br />in effect until such time as the requirement for such insurance terminates in accordance with Borrower's <br />and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, <br />shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and <br />Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to <br />Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur <br />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 <br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying <br />reasonable cause therefor related to Lender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in <br />lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any <br />mortgage, deed of trust or other security agreement 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 <br />payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to <br />any successor in interest of Borrower shall not operate to release, in any manner, the liability of the <br />original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />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 <br />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 <br />any such right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors <br />and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and <br />agreements of Borrower shall be joint and several. Any Borrower who co -signs this Deed of Trust, but <br />Form 3828 (page 3 of 7pages) <br />f ti -5. <br />I <br />
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