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<br />200700649 <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 related <br />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 hereby <br />assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with <br />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 of <br />Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the 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 such <br />right or remedy. <br />11. Successors and A'isigns 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 paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and <br />several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of <br />Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, <br />(b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br />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 the <br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this <br />Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, <br />such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the <br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As <br />used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or <br />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 />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br />secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may <br />invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <br />..76N(NE) (0509) <br />@ <br /> <br />Page 4 of7 <br /> <br />Initials:E. ~b. /-A.Co. <br />Form 3828 <br />