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<br />200701868 <br /> <br />(Page 4 of 6) <br /> <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensian af the time far payment 0.1' <br />madificatian af amartizatian af the sums secured by this Deed af Trust granted by Lender to. any successar in interest <br />af Barrower and all ather parties who. are 0.1' hereafter became secandarily liable shall nat aperate to. rei ease, ill any <br />manner, the liability af the ariginal Barrower and Barrawer's successars in interest. Lender shall nat be required to. <br />cammence proceedings against such successar 0.1' refuse to. extend time far payment 0.1' atherwise madify amartizatian <br />af the sums secured by this Deed af Trust by reasan af any demand made by the arig!nal Barrawer and Barrawer's <br />successars in interest. Any farbearance by Lender in exercising any right 0.1' remedy hereunder, 0.1' atherwise affarded by <br />applicable law, shall nat be a waiver af 0.1' preclude the exercise af any such right 0.1' remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The cavenants and agreements <br />herein cantained shall bind, and the rights hereunder shall inure to., the respective successars and assigns af Lender and <br />Barrawer, subject to. the pravisians af paragraph 16 hereaf. All cavenants and agreements af Barrower shall be jaint <br />and several. Any Barrower who. co.-signs this Deed af Trust, but does nat execute the Note, (a) is ca~signing this Deed <br />af Trust anly to. grant and canvey that Barrower's interest in the Praperty to. Lender under the terms af this Deed af <br />Trust, (b) is nat persanally liable an the Nate 0.1' under this Deed af Trust, and (c) agrees that Lender and any ather <br />Barrower hereunder may agree to. extend, madify, farbear, 0.1' make any ather accammadatians with regard to. the <br />terms of this Deed af Trust 0.1' the Nate, without that Barrower's cansent and withaut releasing that Barrawer 0.1' <br />madifying this Deed af Trust as to. that Barrower's interest in the Praperty. <br />12. Notice. Except far any natice required under applicable law to. be given in anather manner, (a) any notice to. <br />Barrawer pravided far in this Deed af Trust shall be given by delivering it 0.1' by mailing such natice by certified mail <br />addressed to. Barrower at the Praperty Address 0.1' at such ather address as Barrawer may designate by natice to. Lender <br />as pravided herein, and (b) any natice to. Lender shall be given by certified mail to. Lender's address stated herein 0.1' to. <br />such ather address as Lender may designate by natice to. Barrower as pravided herein. Any natice provided far in this <br />Deed af Trust shall be deemed to. have been given to. Barrawer 0.1' Lender when given in the manner designated herein. <br />13. Governing Law; Severability. The applicable law cantained in the Nate shall cantrol. Where no. applicable law <br />is cantained therein, the state and lacallaws af the jurisdictian in which the Praperty is lacated shall apply except where <br />such laws canflict with Federal law; in which case, Federal law shall apply. In the event that any provisian 0.1' clause af <br />this Deed af Trust 0.1' the Nate canflicts with applicable law, such canflict shall nat affect ather pravisians af this Deed <br />af Trust 0.1' the Nate which can be given effect withaut the canflicting pravisian, and to. this end the provisians af this <br />Deed af Trust and the Nate are declared to. be severable. As used herein, "casts," "expenses," and "attarneys' fees" <br />include all sums to. the extent not prahibited by applicable law 0.1' limited herein. <br />14. BOJ'J'ower's Copy. Barrawer shall be furnished a canfarmed capy af the Nate and af this Deed af Trust, if <br />requested, at the time af executian 0.1' after recardatian hereaf. <br />15. Rehabilitation Loan Agreement. Borro.wer shall fulfill all af Barrawer's abligatians under any hame <br />rehabilitatian, improvement, repair, 0.1' ather laan agreement which Barrawer enters into. with Lender. Lender, at <br />Lender's aptian, may require Barrower to. execute and deliver to. Lender, in a farm acceptable to. Lender, an assignment <br />af any rights, claims 0.1' defenses which Barrower may have against parties who. supply labar, materials 0.1' services in <br />cannection with impravements made to. the Praperty. <br />16. Transfer of the PJ'Operty. If Barrawer sells 0.1' transfers all 0.1' any part af the Praperty 0.1' an interest therein, <br />excluding (a) the creatian af a lien 0.1' encum brance subardinate to. this Deed af Trust, (b) a transfer by devise, descent, <br />0.1' by aperation af law upan the death af a jaint tenant, (c) the grant af any leasehald interest af three years 0.1' less nat <br />cantaining an aptian to. purchase, (d) the creatian af a purchase maney security interest far hausehald appliances, (e) a <br />transfer to. a relative resulting fram the death af a Barrawer, (f) a transfer where the spause 0.1' children af the Barrawer <br />became an awner af the praperty, (g) a transfer resulting fram a decree af dissalutian af marriage, legal separatian <br />agreement, 0.1' fram an incidental property settlement agreement, by which the spause af the Barrawer becames anawner <br />af the praperty, (h) a transfer into. an inter vivas trust in which the Barrawer is and remains a beneficiary and which <br />daes nat relate to. a transfer af rights af accupancy in the property, 0.1' (1) any ather transfer 0.1' dispasitian described in <br />regulatians prescribed by the Federal Harne Laan Bank Baard, Barrawer shall cause to. be submitted infarmatian <br />required by Lender to. evaluate the transferee as if a new laan were being made to. the transferee. Barrawer will cantinue <br />to. be abligated under the Nate and this Deed af Trust unless Lender releases Barro.wer in writing. <br />If Lender daes nat agree to. such sale 0.1' transfer, Lender may declare all af the sums secured by this Deed af Trust <br />to. be immediately due and payable. If Lender exercises such aptian to. accelerate, Lender shall mail Barrawer natice af <br />acceleratian in accardance with paragraph 12 hereaf. Such natice shall provide a peri ad af nat less than 30 days from <br />the date the natice is mailed 0.1' delivered within which Barrawer may pay the sums declared due. If Barrawer fails to. <br />pay such sums priar to. the expiratian af such periad, Lender may, withaut further natice 0.1' demand an Barrawer, <br />invake any remedies permitted by paragraph 17 hereaf. <br />NON-UNIFORM COVENANTS. Barrawer and Lender further cavenant and agree as fallaws: <br />17. Acceleration; Remedies. Except as pJ'Ovided in paragraph 16 hereof, 01' as otherwise required by law, <br />upon BOJ'J'ower's breach of any covenant 01' agreement of BOJ'J'ower in this Deed of Trust, including <br />Borrower's failure to pay, by the end of ten (10) calendar days after the date they are due, any sums secured <br />by this Deed of Trust, Lender prior to acceleration shall give notice to BOJ'J'ower as pJ'Ovided in paragraph 12 <br />hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days <br />fJ'Om the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to <br />cure such breach on or before the date specified in the notice may result in acceleration of the sums secured <br />by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring court action to assert the nonexistence of a default or any <br />other defense of Borrower to acceleration and sale. If the breach is not cured on 01' before the date specified <br />in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be <br />immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in <br />pursuing the remedies pJ'Ovided in this paragraph 17 to the extent permitted by applicable law. <br /> <br />12-05-05 DOT <br /> <br />NE001104 <br /> <br />111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 <br /> <br />*G26A02422B9200T8000NEOOll040**GOODMAN <br /> <br />* <br /> <br />ORIGINAL <br />