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<br />200512567
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<br />DOC ID #; 00012163596011005
<br />ofloss on our behalf if we fail or refuse to do so. You may also sign our name to any check, draft or other order for
<br />the payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a
<br />claim, you will have the right to choose to use the money either to repair the Premises or to reduce the amount
<br />owing on thc Note.
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<br />(d) CONDEMNATION: We assign to you thc proceeds of any award or claim for damages, direct or
<br />consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for
<br />conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Deed of
<br />Trust.
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<br />(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in
<br />doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in
<br />the Premises. Trustee shall not be liable for any error of judgment or act donc by Trustee, or be otherwise
<br />responsible or accountable undcr any circumstances whatsoever. This Deed of Trust will be effective as a financing
<br />statement tiled as a fixturc filing with respect to all fixtures included within thc Premises and is to be tiled for
<br />record in the real estate records of each county where any pari of the Premises (including said fixtures) is situated.
<br />This Deed of Trust shall also be effcctive as a financing statement covering any other Prcmises and may be filed in
<br />any othcr appropriate filing or recording office. A carbon, photographic or other reproduction of this Deed of Trust
<br />or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the
<br />purposes referred to in this paragraph. It is agreed that the Lender shall be subrogated to the claims and liens of all
<br />parties whose claims or liens are discharged or paid with the proceeds of the Note secured hcreby.
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<br />(f) OUR AUTHORITY TO YOU: Ifwe fail to perform our obligations under this Deed of Trust, you may, if
<br />you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the
<br />sums owing on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for example,
<br />we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to
<br />keep the Premises in good condition and repair or to perform any of our other agreements with you, you may, if you
<br />choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the
<br />interest rate set forth in the Note. This Deed of Trust secures all such advances. Your payments on our behalf will
<br />not cure our failure to perform our promises in this Deed of Trust. Any replacement insurance that you obtain to
<br />cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior
<br />Deeds of Trust.
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<br />(g) PRIOR DEED OF TRUST: If the provisions of this paragraph are completed, this Dced of Trust is su~ject
<br />and subordinate to a prior deed oftrust dated APRIL 29, 2004 and given by us for the benefit of
<br />COUNTRYWIDE
<br />as beneficiary, in the original amount of $ 128, 000. 00 (thc "Prior Deed of Trust"). We shall not increase,
<br />amend or modify the Prior Deed of Trust without your prior written consent and shall upon receipt of any written
<br />notice from the holder of the Prior Deed of Trust promptly deliver a copy of such notice to you. We shall pay and
<br />perform all of our obligations under the Prior Deed of Trust as and when required under the Prior Deed of Trust.
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<br />(h) HAZARDOUS SUBSTANCES: Wc shall not cause or permit the presence, use, disposal, storage, or
<br />release of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone elsc to do, anything
<br />affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply
<br />to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally
<br />recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this
<br />paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Premises are located that rclate to health, safety or environmental protection.
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<br />(i) SALE OF PREMISES: We will not sell, transfer ownership of: mortgage or otherwisc dispose of our
<br />interest in the Premises, in whole or in part, or permit any other lien or e1aim against the Premises without your
<br />prior written consent.
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<br />(j) INSPECTION: We will permit you to inspect the Premises at any reasonable time.
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<br />NO LOSS OF RIGHTS: The Note and this Deed of Trust may be negotiated or assigned by you without rcleasing
<br />us or the Premises. You may add or release any person or property obligated under the Note and this Deed of Trust
<br />without losing your rights in the Prcmises.
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<br />. MERS HELOC . NE Deed of Trust
<br />2E015-NE (12/04)
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