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201104373 9. Condemnation. The proceeds of any avmrd or claim for damages, direct or consecPueritial, in connection with any condemnation or other taking of the Property, or put thereof, or for conveyance in lieu of oaxdernnation, are hereby assigned and shall be paid to Lena, subject to the tarts of any rrnrtgage, deed of trust or other security ageerhept with a lien winch has priority mer this Deed of Trust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of attiortizttiot of the stars seared by this Deed of Trust granted by Decoke to any successor in interest of Borr ovver shall not operate to release, in any mamma, the liability of the original Borr ovver and Borrower's successors in interest. Leda shall not be required to conxtierce proceedings against such successor or refuse to eaten time for paymert or otherwise modify amortization of the surm seamed by tins Deed of Trust by reason of any demand npade by the original Bon v%er and Borravver's successor in interest. Any forbearance by Lender in eraarisirg any right or remedy hereunder, or otdnewise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such rgtt 11.. Smeruc essors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreeronts hereinn contained shall bird, and the rights hereunder shall inane to, the respective successors and assigns of Lender and Bamvwe, sulpjed to the provdsdors of 16 hereof. All oaverants and agneerrnets of Borrvwer shall be jourt and several. Any Borruo" who as-signs tlu ~n of Trust, but does not ewe tine Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Tnstee under the tams of this Deed of Trust, (b) is not pesxnally liable on the Note or under this Deed of Tnst, and (c) agrees that Lender and ary other Borrower hereunder may agree to extend, modify, fodpear, or madce any other aceornaxxIatios with regard to the tams of this Deed of Trust or the Note, without that Borruo"'s consent and without releasing that Borrower or nndifyirg 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 Barer 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- Tnay designate by notice to Lender as provided herein, and (b) any notice to Lerner 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 this Deed of Test shall be deemed to 11 been given to Borlw" or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Decd 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 nut affect other provision of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provision of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and "attoneys' fees" include all sums to the extent not prohibited by applicable law or limited herein 14. Borrower's Copy. Borrower shall be fannished a conformed copy of the Note and of this Deed of Trust at the tine of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Bo mer shall fulfill all of Borrower's obligations under any hare rehabilitation, in4irtnemrt, repair, or other loan agreenert which Borrower etas into with Lender . Lender, at Leader's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lena, an assigrarnrt of any rights, claims or defenses which Borrower may have against parties vvho supply labor, materials or services in connection with im>rrovernents 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 be ieficiah interest in Boritinver is sold or transferred and Borrower is not a natural person) vatho t Lender's prior vvrdtteh corset, Leader may, at its option, require irritnediate paym e t in full of all suers seamed by this Deed of Trust. I however, this option shall not be exercised Lender if exercise is prohibited by federal law as of the date of this Deed of Test. If Lender exercises this option, Lender shall give Borruwer notice of acceleration The notice shall provide a period of not less tan 30 days from the date the notice is delivered or mailed Wthnn which Born o" r mist pay all sums secured by this Deed of Trust. If Borrower fails to pay these suers prior to the exgph-ation of this period, Lerner may invoke any rerredies pemtted by this Deed of Trust without fiather notice or demand on Borrower. NON UNIFORM COVENANIS Bonrnver and Lender further covenant and agree as followws: 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 10 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 is 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 40-76(NE) (0407) PbW4d7 Form 3828