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200600047
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1/4/2006 8:30:21 AM
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1/4/2006 8:30:20 AM
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DEEDS
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200600047
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<br />200600047 <br /> <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other <br />terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. <br />Nothing contained in this paragraph 7 shall require Lender to incur 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 Property, <br />provided that Lender shall give Borrower notice prior to any such inspection specifYing reasonable cause therefor <br />related to Lender's interest in the Property. <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 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 <br />of Borrower shall not oferate to release, in any manner, the liability of the original Borrower and Borrower's successors <br />in interest. Lender shal not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modifY amortization ofthe 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 <br />such nght 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 para~raph 16 hereof. All covenants and agreements of Borrower shall be joint <br />and several. Any Borrower who co-signs thIS Deed of Trust, but does not execute the Note, (a) is co-signing this Deed <br />of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of <br />Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other <br />Borrower hereunder may agree to extend, modifY, forbear, or make any other accommodations with regard to the terms <br />of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifYing <br />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 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 (b) any notice 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 deemed to have been 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 the laws of <br />the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law <br />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 Trust and the Note are declared <br />to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited <br />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 the <br />time of execution or after 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 assignment <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 Property 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 Lender's prior written consent, Lender may, at its option, require immediate payment in full 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 /> <br />0084499334 <br />/l-"'-:-^ <br />Initials; I <br />. r <br /> <br />AM76NE (0311) <br /> <br />Page 4 of 7 <br /> <br />Form 3828 <br /> <br />0084499334 . 9704 <br />12/29/2005 3:33:34 <br /> <br />AM76ne4 (0512005)Rev.02 <br />
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