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201102471 <br />7o Protection of Lender°s Security. If Borrower fails to perform the covsnants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which material{y 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 premiurns <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 />becorri� additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other <br />terrr�s 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 />J. Condemnation. The proceeds of any award or cfaim 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 shail 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 Qeed of 7rust 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, sha11 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 Lencier <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-s+gning this <br />f3eed 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 refeasing that 8orrower 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 maif <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 add�ess 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 g+ven 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 cfause 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 de�iver 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, materiais or services in <br />connection with improvements made to the Property. <br />16. Transfer of Property or a Beneficiat 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 />� <br />� <br />ENE204 revised 10/2001 (LASER) 6849LL <br />