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200809282 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation pr other t.ak.ing of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of lrust or other security agreement with a lien which has priority over this Deed of Trust. 10. Borrower Not Released; J<'orbearance By Lender Not a Waiver. Extension of Lhe time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of Lhe sums se,Cured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or oLherwise afforded by applicable law, shall not be a waiver of or preclude Lhe exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co.si~ners. The covenants and agreemenL~ herein contained shall bind, and Lhe rights hereunder shall inure to, Lhe respective successors and assigns of Lender and Borrower, subject to Lhe provisions of paragraph 16 hereof. All covenanLS and agreemenLs of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on Lhe Note or under this Deed of Trust, and (c) agrecs that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any oLher accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without relca<;ing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in Lhis Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein, 13. Governing Law; Severability. The state and local laws applicable to Lhis Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note arc declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or lransferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at it~ option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall nol be exercised by Lender if exercise is prohibited by federal law as of Lhe date of this Deed of Trust. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is dclivered or mailed wiLhin which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of Lhis period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of' to calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days from the date the notice i.. mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice tUtJ Inilial':~_ .-76(NE) (0407) @ Page4017 Form 3828