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GARY FRAtrEN rsAraBARA rRAIntN 200313516 10 /o9 /2oo3
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taldng of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby
<br />assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a
<br />lien which has priority over this Deed of Trust.
<br />10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the suns 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. lender shall not be required to commence proceedings against such successor or refuse to extend time for payment
<br />or otherwise nudity amortization of the sums secured by this Deed of Trost by reason of any demand made by the original
<br />Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder,
<br />or otherwise 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; Cosigners. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />Any Borrower who co -signs this Deed of Trost, but does not execute the Note, (a) is co-signing this Deed of Trust only to
<br />grant and convey that Borm"r's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is net
<br />personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder
<br />may agree to extend, modify, forbear, or matte any other accommodations with regard to the terms of this Deed of Trust or
<br />the Note, without that Borrower's consent and without releasing that Borrower or modifying this Dead of Trust as to that
<br />Borrower's interest in the Property.
<br />12. Notice. Except for my notice required under applicable law to be given in another manner, (a) any notice to
<br />Bormwer 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 as
<br />provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such
<br />other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of
<br />Trutt shall be deemed to have been given to Borrower or Lender when given in the roarer designated herein.
<br />13. Governing Law; SeverabWty. The state and local laws applicable to this Deed of Trost shall be the laws of the
<br />jurisdiction in which the Property is located. The foregoing sentence shall not litnit the applicability of Federal law to this
<br />Deed of Trust. In the event that any provision or clause of this Dead of Trust or the Note conflicts with applicable law,
<br />such conflict shall not affect other provisions of this Dead of Trust or the Note which can be given effect without the
<br />conflicting provision, and to this and the provisions of this Deed of Trust and the Now are declared to be severable. As
<br />used herein, "costs ", " expenses" and "werneys' fees" include all some 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. Borrower shall fulfill all of Borrower's obligations under my home
<br />rehabilitation, improvement, repair or other low 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 Property.
<br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or my pan of the Property or my interest
<br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or haasferred and Borrower is not a normal
<br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
<br />secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal
<br />law as of the date of this Deed of Trost.
<br />If lender exemises 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 mailed within which Bormwer must pay all arms secured
<br />by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke my
<br />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 />coommut or agreement of Borrower In this Dead of Trust, Including Borrower's failure to pay, by the end of 10
<br />calendar days after they are doe, any sums secured by this Dead of Trust, Lender prior in acceleration shall give
<br />notice to Borrower as provided In paragraph 12 bread specifying: (1) the breach; (2) the action required to ante
<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 Dead of Trust and sale of the Property. The notice shall further inform
<br />Borrower of the right to reinstate after acceleration and the right in bring a court action to assert the nonexistence of
<br />a default or M other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date
<br />specified in the ram ice, Leader, at leader's option, may declare all of the sums secured by this Deed of Trust to be
<br />Immediately due and payable without further demand and may Invoke the power of sale and any other remedies
<br />permitted by applicable law. Leader shall be entitled to collect all reasonable mesa and expenses incurred in
<br />pursuing the remedies provided in this paragraph 17, Including, but not limited ta, 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 or
<br />some part thereof Is located and shall mail copies of such notice in the mama prescribed by applicable taw to
<br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by
<br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable
<br />taw. Trustee, without demand on Borrower, shall sell the Properly at public auction to the highest bidder at the time
<br />and place and under the taxes designated in the notice of sale In one or more parcels and In such order as Trustee
<br />may determine. Trustee may postpone sale of all or any parcel of the Properly by public announcement at the time
<br />and place of any previously scheduled sale. Leader or Leader's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property sold. The realists in the Trustee's deed shall he prima facie evidence of the troth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable Lusts and expenses of
<br />the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of the gross sale price,
<br />reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust and (c) the
<br />excess, If any, to the person or persons legally entitled thereto.
<br />Nemoka 2687" 1198 original (Recorded) Copy(Branch) copy(customer) rage 3 af5
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