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200206012
<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 it lien which has priority over this Decd of Trust.
<br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time I'or payment or
<br />mudilication of amortization of the sums secured by this Dural of Trust granted by Lender to any successor in
<br />interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Borrower's sac e,sors in interest. Lender shall not be required to commence proceedings against such successor or
<br />refuse to extend than for payment or otherwise modify amortization of the sums secured by this Decd of Trust by
<br />reason of any demand marls by the original Borrower and Borrower's successors in interest. Any forbearance by
<br />Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver
<br />of or preclude the exercise of any such right or rarely.
<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 Marc to, the respective successors mud assigns of Lender
<br />and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be
<br />joint and several, Any Borrower who co-signs this Deed of 'I rust, but does not execute the Note, (a) is co- signing
<br />this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this
<br />Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and
<br />any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard
<br />to the tarns of this Deed of Trost or the Note, without that Borrower's consent and without releasing that Borrower
<br />or modifying this Deed of Trust 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 to
<br />Borrower provided for in this Decd 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
<br />Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated
<br />herein or to such ullmr address as Lender may designate by notice to Borrower as provided herein. Any notice
<br />provided for in this Deed of Trust shall be deenied to have been given to Borrower or Lender when given in the
<br />manner designated herein.
<br />13. Governing Law; Severability. The state said local laws applicable to this Deed of Trost shall be the laws of
<br />the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal
<br />law 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
<br />effect without the conflicting provision, and to this end the provisions of this Deed of Trost acrd the Note are declared
<br />to be severable. As used herein, "costs," "expenses" and "attorneys fees" include all sums to the extent not
<br />prohibited by 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 ahur 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
<br />Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an
<br />assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or
<br />services in 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 it a beneficial interest in Borrower is sold or transferred and Borrower is not a
<br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in hell
<br />of all some secured by this Deed of fast. However, this option shall riot be exercised by Lender if exercise is
<br />prohibited by federal law as of the date of this Deed of Trust
<br />It 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 (laic the notice is delivered or mailed within which Borrower must pay all
<br />sans secured by this Deed of'1'rust. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may 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 c f
<br />10 calendar days after they are due, any sums secured by this Deed of" Trust, Lender prior to acceleration shall
<br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to
<br />cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which
<br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice
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