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<br />200707657 <br /> <br />UNIFORM COVENANTS. Trustor and L.ender covenant and agree as foliows: <br /> <br />1. Payment of Princ~pai ane! Interest. Trustor' shEi!1 promptly pay w~len due the principal and interest <br />indebtedness evidenced ry the Note and late charges as pmvided in the Note. <br /> <br />2. Taxes, Assessments, and Charges. Trustor sha!1 pay cr G<lw;e to be paid all taxes, assessments, and other <br />charges, fines and impositions attributable to nle PrlJperty which [nay attain priority over this Deed of Trust, and <br />leasehold payments or ground rents, jf any. <br /> <br />3. Application of Payments. Unless applicable law pmvides otherwise, Lender will apply payments in <br />accordance with the Note ~lereby secured <br /> <br />4. Prior Mortgages and Deeds of Trust; Charges; Uens.. Trustor shall perform all of Trustor's obligations <br />under any Mortgage, deed of trust or oUler security agreement 'Nitll a lien which has priority over this Deed of Trust, <br />including Trustor's covenants to make payments when due. <br /> <br />5. Hazard Insurance. Trustor shall keep the impmvements now existing or hereafter erected on the property <br />insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender <br />may require and in such amounts for such periods as Lender may require. <br /> <br />The insurance carrier providing the insurance shall be CrlOsel1 by Trustor subject to approval by Lender; provided, <br />that such approval shall not be unreasonably withheld. Ail in:,;urance policies and renewals thereof shall be in a form <br />acceptable to Lender and shall include a standard lVIortgage clause in favor of and in a form acceptable to Lender. <br />Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any Mortgage, deed of trust <br />or other security agreement with a lien which has priority over the Deed of Trust. <br />In the event of loss, Trustor shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss if not made promptly by Trustor. <br /> <br />If the Property is abandoned by Trustor, or if Trustor f2iis to respond to Lender wittlin 30 days from the date notice <br />is mailed by Lender to Trustor that the insurance carrier off,:;rs to se'tle a claim for insurance benefits, Lender is <br />authorized to collect and apply tile insurance proceeds at Lender's option either to restoration or repair of the Property or <br />to the sums secured by this Deed of Trust. <br /> <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Trustor shall keep the Property in pood repair and sha!! not commit waste or permit demolition, impairment, or <br />deterioration of the Property and shall comply with ttle provisions of any lease if this Deed of Trust is on a leasehold. If <br />this Deed of Trust is on a unit in a condominium or a planned unit development, Trustor shall perform all of Trustor's <br />obligations under the declaration and covenants creating and governino the condominium or planned unit development, <br />the by-laws and regulations of tile condominium 01" planned unit development, and constituent documents. <br /> <br />7. Protection of Lender's Security. If Trustor fail5i to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Trustor, may make suctl appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required <br />Mortgage insurance as a condition of making the ioan securea by this Deed of Trust, Trustor shall pay the premiums <br />required to maintain such insurance in effect until such time as the requirement for such i'1surance terminates in <br />accordance with Trustor's and Lender's written aqreement or applicable law. <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 Trustor secured by this Deed of Trust. Unless Trustor and Lender agree to other <br />terms of payment, such amounts shall be payable upon notice from Lender to Trustor requesting payment thereof. <br />Nothing contained in this Paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br /> <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 Trustor notice prior to any such inspection specifying reasonable cause therefor related to <br />Lender's interest in the Property. <br /> <br />9. Condemnation. The proceeds of any award or claim for ej,'mages, direct or consequential, in connection with <br />any condemnation or other taking of the Property or palt thereof, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender subject to the terms of any I'vlortgage, deed of trust or other security agreement with <br />a lien which has priority over this Deed of Trust. <br /> <br />10. Trustor 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 />Trustor shall not operate to release, in any manner, the liability of Hle original Trustor and Trustor's successors in interest. <br />Lender shall not be required to commence proceedings ag8;nst such successor or refuse to extend time for payment or <br />otherwise modify amortization of HIe sums secured by this Deed of Trust by reason of any demand made by the original <br />Trustor and Trustor's successors in interest Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> <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 and <br />Trustor, subject to the provisions of Paranraph 16 hereof. All covenants and agreements of Trustor shall be joint and <br />several. Any Trustor 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 Trustor's interest in the Property to Trustee under the terms of this Deed of Trust, (b) <br />is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Trustor, <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed of Trust as to that Trustor's interest in the Property. <br /> <br />12. Notice. Except for any notice required under applicable law to be niven in another manner, (a) any notice to <br />Trustor provided for in tllis Deed of Trust shall be given by cJelivering it or by mailing such notice by regular mail <br />addressed to Trustor atthe Trustor's address stated herein or at such other address as Trustor may designate by notice <br />to 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 Trustor as provided herein. Any notice provided <br />for in this Deed of Trust shall be deemed to have been given to Trustor or Lender when given in the manner designated <br />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 ttle Property is located, except that if the Note specifies the law of a different jurisdiction as <br />governing, such law shall be the applicable law governing the interest rate, fees, charges, and other terms of the credit <br />transaction secured hereby. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. <br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, <br />and to this end the proviSions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", <br />"expenses", and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. <br /> <br />14. Trustor's Copy. Trustor shall be furnished with and aCknowledges receipt of a conformed copy of the Note <br />and of this Deed of Trust at the time of execution or after recordation hereof. <br /> <br />NEA442 (7-13-03) Mortgage <br />