Laserfiche WebLink
200412387 <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 renewals <br />thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and <br />in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject <br />to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over <br />this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br />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 either <br />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 of <br />Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, <br />Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or <br />governing the condominium or planned unit development, the by -laws and regulations of the condominium <br />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 such <br />appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to <br />protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured <br />by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until <br />such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's <br />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 reasonable <br />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 lieu <br />of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, <br />deed of trust or other security agreement with a lien which has a 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 any <br />successor in interest of Borrower shall not operate to release, in any manner, the liability of the original <br />Borrower and Borrower's successors in interest. Lender shall not be required to continence proceedings <br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of 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 and <br />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 does <br />not execute the Note, (a) is co- signing this Deed of Trust only to grant and convey that Borrower's interest <br />in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or <br />under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, <br />modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the <br />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 <br />notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such <br />notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower <br />may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by <br />certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to <br />Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been <br />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 <br />the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the <br />applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of <br />Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions <br />of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and <br />"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. <br />FE- 4351(NE) (0209) Page 3 of 6 Initials: S L <br />Ne43513. cw <br />