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<br />200700397 <br /> <br />Deed of Trust, continued <br /> <br />cffibank~ <br /> <br />6. PROTECTION OF LENDER'S SECURITY. If Trustor fails to perform the covenants and agreements contained <br />in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the <br />Property, then Lender, at Lender's option, upon notice to Trustor, may make such appearances, disburse such sums, <br />including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender <br />required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Trustor shall pay the <br />premiums required to maintain such insurance in effect until such time as the requirement for such insurance <br />terminates in accordance with Trustor's and Lender's written agreement or applicable law. Any amounts disbursed <br />by Lender pursuant to this paragraph 6, with interest thereon, at the Note rate, shall become additional indebtedness <br />of Trustor secured by this Deed of Trust. Unless Trustor and Lender agree to other terms of payment, such amounts <br />shall be payable upon notice from Lender to Trustor requesting payment thereof. Nothing contained in this <br />paragraph 6 shall require Lender to incur any expense or take any action hereunder. <br /> <br />7. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor <br />related to Lender's interest in the Property. <br /> <br />8. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, <br />are 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 /> <br />9. TRUSTOR NOT RELEASED: FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for <br />payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any <br />successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and <br />Trustor's successors in interest. Lender shall not be required to commence proceedings against such successor or <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by <br />reason of any demand made by the original Trustor and Trustor's successors in interest. Any forbearance by Lender <br />in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. <br /> <br />10. SUCCESSORS AND ASSIGNS BOUND: JOINT AND SEVERAL LIABILITY: CO-SIGNERS. The <br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective <br />successors and assigns of Lender and Trustor, subject to the provisions of paragraph 15 hereof. All covenants and <br />agreements of Trustor shall be joint and several. Any Trustor who co-signs this Deed of Trust, but does not execute <br />the Note, (a) is co-signing this Deed of Trust only to grant and convey that Trustor's interest in the Property to <br />Lender under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, <br />and (c) agrees that Lender and any other Trustor hereunder may agree to extend, modify, forbear, or make any other <br />accommodations with regard to the terms of this Deed of Trust or the Note without that Trustor's consent and <br />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 <br />Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by first-class <br />postage paid, addressed to Trustor at the Property Address or at such other address as Trustor may designate by <br />notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address <br />stated herein or to such other address as Lender may designate by notice to Trustor as provided herein. Any notice <br />provided for in this Deed of Trust shall be deemed to have been given to Trustor or Lender when given in the <br />manner designated herein. <br /> <br />CFX-F-SI-703-NE <br />MATHESON <br /> <br />3 of? <br /> <br />Revised 00/27/2006 <br />ACAPS: 106 I 22615007000 <br />