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<br />200700458 <br /> <br />... <br /> <br />4693639533p <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other laking 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 Trusl. <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 operate to release, in any manner, the liability of the original Borrower and Borrower's <br />successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of <br />any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in <br />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 />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 <br />and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be <br />joint and several. Any Borrower who co~signs this Deed of Trust, but does not execute the Note, (a) is co-signing <br />this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this <br />Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and <br />any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard <br />to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower <br />or modifying 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 <br />Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated <br />herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice <br />provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the <br />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 <br />law 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 <br />prohibited 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 <br />the 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 <br />assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or <br />services in 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 <br />of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is <br />prohibited by federal law as of the date of this Deed of Trust. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all <br />sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br />calendar days after they. are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall <br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to <br />cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which <br />such breach must be cured; and (4) that failure to cure such breach on or before the date sP~/t~the notice <br />Initials: <br />.. -76N(NEII00071 Paga 4 ot 6 Form 3828 <br />@ <br /> <br />1111111111111111111111111111111111111111111111111 <br /> <br />q04693639533 0233 187 0406 <br />