<br />200710109
<br />
<br />7. Protection of lender's Security. If Borrower fails 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 Borrower, may make such 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 loan secured by this Deed of Trust, Borrower shall pay the premiums
<br />required to maintain such insurance in effect until such time as the requirement for such insurance terminates in
<br />accordance with Borrower's and Lender's written agreement or applicable law.
<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
<br />related 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 condem- nation, 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 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
<br />by 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
<br />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 this
<br />Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed
<br />of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other
<br />Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms
<br />of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this
<br />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 provided
<br />for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner
<br />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 law to
<br />this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable
<br />law, 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 Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in
<br />it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
<br />without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured
<br />by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
<br />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
<br />
<br />~a~;,e~R)6849LL
<br />
|