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200305367
<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 hereby
<br />assigned and shall he paid to Lender, subject to the terns of any mortgage, deed of trust or other security agreement
<br />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 payment or
<br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of
<br />Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in
<br />interest. bender shall not be required to confnence 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
<br />remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
<br />right 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- sighing dhis Deed of
<br />Trust only to grant and convey that Borrower's interest in the Property to Trustee under the temhs of this Deed of Trust,
<br />(b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees bat Lender and any other Borrower
<br />hereunder may agree to extend, modify, forbear, or make any inner acconunodadons with regard to the terms of this
<br />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed
<br />of Trust as to fiat 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 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
<br />as provided herein, and do any police 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 deenhed to have been given to Borrower or Lender when given in die manner designated herein.
<br />13. Governing law', Severability. The state and local laws applicable to this Deed of Trust shall be die laws of the
<br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this
<br />Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Now conflicts with applicable law,
<br />such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the
<br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As
<br />used herein, "costs," "expenses" and "attorneys'' fees" include all stuns to the extent not prohibited by applicable law or
<br />limited herein.
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the
<br />time of execution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Burrower 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
<br />Lender's option, may require Borrower to execute and deliver in Lender, in a form acceptable to Lender, an asaigmmHent
<br />of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in
<br />connection with improvements made to the Property.
<br />16. Transfer of the Properly 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 Leader's prior written consent, Lender may, at its option, require immediate payment in hill 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 period
<br />of not less than 30 days from the date the notice is delivered or nhalled 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 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
<br />breach must be cured; and (4) that failure to cure such breach on or before the dale specified in the notice
<br />0042428011 A
<br />mar i.
<br />®.76(NE) (ozoa] raga a on Form 3826
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