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200606107
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7/10/2006 4:02:03 PM
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DEEDS
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200606107
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<br />200606107 <br /> <br />Loan No: 002003671133 <br /> <br />Deed of Tr ust, continued <br /> <br />8. CONDEMNATION. The proceeds of any award or claim for damages. direct or consequential. in connection with any <br />condemnation or other taking of the property, or part thereof. or for conveyance in lieu of condemnation. are hereby assigned and <br />shall be paid to Lender. subject to the terms of any mortgage. deed of tnIst or other security agreement with a lien which has <br />priority over this Deed of Trust. <br /> <br />9. TRUSTOR 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 Trustor <br />shall not operate to release. in any manner. the liability of the original Trustor and Trustor's successors in interest. Lender shall <br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded by applicable <br />law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> <br />10. SUCCESSORS AND ASSIGNS BOUND: JOINT AND SEVERAL LIABILITY; CO-SIGNERS. The covenants and <br />agreements herein contained shall bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br />Trustor, subject to the provisions of paragraph 15 hereof. All covenants and agreements of Trustor shall be joint and several. Any <br />Trustor who co-signs this Deed of Trust. but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and <br />convey that Trustor's interest in the Property to Lender under the terms of this Deed of Trust, (b) is not personally liable on the <br />Note or under this Deed of Trust, and (c) agrees that Lender and any other Trustor hereunder may agree to extend. modify. <br />forbear. or make any other accommodations with regard to the terms of this Deed of Trust or the Note without that Trustor's <br />consent and without releasing that Trustor or modifying this Deed of Trust as to that Trustor's interest in the Property. <br /> <br />11. NOTICE. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor <br />provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by first-class postage paid, addressed to <br />Trustor at the Property Address or at such other address as Trustor may designate by notice to Lender as provided herein, and (b) <br />any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may <br />designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been <br />given to Trustor or Lender when given in the mauner designated herein. <br /> <br />12. GOVERNING LAW; SEVERABILITY. The Deed of Trust will be governed by United States federal law and. to the extent <br />the United States federal law is inapplicable. then by the laws of the Commonwealth of Virginia; except that, with regard to the <br />perfection and enforcement of eitibank' s security interest in the Property, the Deed of Trust will be governed by the law of the <br />state where the Property is located. <br /> <br />13. TRUSTOR'S COPY. Trustor shall be furnished with a conformed copy of the Note and of this Deed of Trust at the time of <br />execution or after recordation hereof. <br /> <br />14. REHABILITATION LOAN AGREEMENT. Trustor shall fulfill all of Trustor's obligations under any home rehabilitation, <br />improvement. repair, or other loan agreement which Trustor enters into with Lender. Lender. at Lender's option, may require <br />Trustor to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights. claims or defenses which <br />Trustor may have against parties who supply labor, materials or services in counection with improvements made to the Property. <br /> <br />15. DUE ON TRANSFER PROVISION - TRANSFER OF THE PROPERTY. If all or any part of the Property or any interest in <br />it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is not a natural person) without <br />Lender's prior written consent. Lender may, at Lender's option. require immediate payment in full of all sums secured by this Deed <br />of Trust. However. Lender shall not exercise this option if the exercise is prohibited by applicable law as of the date of this Deed <br />of Trust. If Lender exercises this option. Lender shall give Trustor notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Trustor must pay all sums secured by this Deed of <br />Trust. If these sums are not paid prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of <br />Trust without further notice or demand on Trustor. <br /> <br />MB-2590 Fixed Rate Deed of Trust - Nebraska Rev. 06/2005 Page 3 of 6 <br /> <br />CitiMortgage 3.2.0.19 V6 <br /> <br />~;fI~ <br />
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