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20050`030 <br />Deed of Trust, continued <br />cffibaW <br />Any amounts disbursed by Lender pursuant to this paragraph 6, with interest thereon, at the Note rate, shall become <br />additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Lender agree to other terms of <br />payment, such amounts shall be payable upon notice from Lender to Trustor requesting payment thereof. Nothing <br />contained in this paragraph 6 shall require Lender to incur any expense or take any action hereunder. <br />7. 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 <br />related to Lender's interest in the Property. <br />8. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, <br />are 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 />9 TRUSTOR NOT RELEASED, FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for <br />payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any <br />successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and <br />Trustor's successors in interest. Lender shall not be required to commence proceedings against such successor or <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by <br />reason of any demand made by the original Trustor and Trustor's successors in interest. Any forbearance by Lender <br />in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. <br />10. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY• CO- SIGNERS. The <br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective <br />successors and assigns of Lender and Trustor, subject to the provisions of paragraph 15 hereof. All covenants and <br />agreements of Trustor shall be joint and several. Any Trustor who co-signs this Deed of Trust, but does not execute <br />the Note, (a) is co- signing this Deed of Trust only to grant and convey that Trustor's interest in the Property to <br />Lender under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, <br />and (c) agrees that Lender and any other Trustor hereunder may agree to extend, modify, forbear, or make any other <br />accommodations with regard to the terms of this Deed of Trust or the Note without that Trustor's consent and <br />without releasing that Trustor or modifying this Deed of Trust as to that Trustor's interest in the Property. <br />11. NOTICE. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by first -class <br />postage paid, addressed to Trustor at the Property Address or at such other address as Trustor may designate by <br />notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address <br />stated herein or to such other address as Lender may designate by notice to Trustor as provided herein. Any notice <br />provided for in this Deed of Trust shall be deemed to have been given to Trustor or Lender when given in the <br />manner designated herein. <br />12. GOVERNING LAW: SEVERABILITY. The Deed of Trust will be governed by United States federal law and, <br />to the extent the United States federal law is inapplicable, then by the laws of the Commonwealth of Virginia; <br />except that, with regard to the perfection and enforcement of Citibank's security interest in the Property, the Deed of <br />Trust will be governed by the law of the state where the Property is located. <br />NBS -F -SI- 703 -NE 3 of 7 Revised 11/01/2004 <br />CONSBRUCK ACAPS: 105013106046000 <br />lam" v�l/ <br />l� <br />T <br />