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<br />DOC ID t: 0006729361009004
<br />o( loss on our bebalf if we fail or refuse to do so. You may also sign our name to any check, drnft or other order for
<br />the payment of insumnce proceeds in the event of loss or damage to the Premises. H you receive payment of a
<br />cl3im, you will have the right to choose to use the money either to repair the Premises or to reduee the amount
<br />owing on me Note.
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<br />(d) CONDEMNATION: We assign to you the 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 />cqnvcyance in lieu of condemnation, all of which shall be paid to you, subject to the tem1S of any Frior Deed of
<br />Trost
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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 done by Trustee, or be otbe.rwise
<br />responsible or accountable under any circumstances whatsoever. 'Ibis Deed of Trust will be effective a.<; a financing
<br />statement filed as a fixture filing with respect to all fIXtures included within the Premises and is to be filed for
<br />record in the real eslate records of each county where any part of the Premises (including said fixtures) is situated.
<br />This Deed of Trost shall also be effective as a financing statement oovering any other Premises and may be filed in
<br />artY other appropriate tiling or recording office. A carbon, photographic or other .reproduction of this Deed of Trost
<br />or of any financing statement relating to this Deed of Trost 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 />panies whose claims or liens are discharged or paid with the proceeds of the Note secured he.reby.
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<br />(t) OUR AUTIlORITY TO YOU: If we fail to perform our obligations under this Deed of Trust, you may, if
<br />you choose, perfonn 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 yon 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, mxes or the costs necessary to
<br />keep the Premises in good condition and repair or to pelform any of our other agreements with yon. you may, if you
<br />choose, advance any sums to satisfy any of our agreements with you and cbarge 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 promise:; in this Deed of Trust MlY replacement insurance that you obtain to
<br />cover loss or damages to the Premiscs may be limited to the amount owing on the Note plus the amount of any Prior
<br />Deeds of Trost.
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<br />(g) PRIOR DEED OF TRUST: If the provisions of this paragraph are completed, this Deed of Trost is subject
<br />and subordinate to a prior deed of trust dated SEE'TEMBER 07, 2004 and given by us for the benefit of
<br />COUNTRYWIDE HOME LOANS '
<br />as beneficiary, in the original amount oIS 168 1000.00 (the "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 Trost promptly deliver a copy of such notice to you. We shan 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 />. MER$ HELOC . NE Deed of Trust
<br />2E01S.NE (02104)
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<br />(h) HAZARDOUS SUBSTANCES: We shall not cause or pennit the presence, uc;e, disposal, stomge, or
<br />r~lease of any Hazardous Substance& on or in the Premises. We shall not do, nor allow anyone else to do, anything
<br />affecting the Premisr,s 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 arc generally
<br />recognized to be appropriate to nonna] 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 pesticide... and herbicides, volatile 501vents, materials containing asbestos or formaldehyde, and radioactive
<br />materials. As used in this paragraph, "Environmental Law" means federal laws atld laws of the jurisdiction where
<br />the Premises are located that relate to health, safety or environmental protection.
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<br />(i) SALE OF PREMISES: We will not sen, tr:msfer ownership of. mortgage or otherwise dispose of our
<br />inl.erest in the Premises, in whole or in part, or permit any other lien or claim against the Premises without your
<br />prior written consent.
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<br />m INSPECTION: We wiJI pennit you to inspect the Premises at any reasonable time.
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<br />NO LOSS OF RIGHTS: The Note and this Deed of Trost may be negotiated or a...signed by you without releasing
<br />us or the Premise.... You may add or release any person or property obligated under the Note and this Deed of Trust
<br />withoullosing your right'l in the Premises.
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