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<br /> . . � " ' • (Page 3 of 5) . _
<br /> . ��_ .�a.���� .� .�;::. . _
<br /> Unless I.ender and Borrower otherwise agrce in aritiag.aay application of proceeds tn•priACiPaI shall not exten or ,� ,
<br /> t� � postpone the due date of the monthIy payments referred to in paragraphs 1 and 2 or chang�the 8mount oi the payments. . �� �f`:
<br /> ... � If under paraP,taPh 19 the Property is acquired by I.endes. Borro�rer s right to any insurance policies and pmceeds ` .: "a•
<br /> resulting from datnage to the Ptoperty prior to the acquisition shatl pass to l.ender to the extent of the sums secured by ��,�
<br /> ` this Security lnstrument immediately prior to the acquisidon. � • . �,� �����:
<br /> � � 6. Preserv�tion and Mainteaaace ot Property; Leaseholds; Condomiaiums; Planned Unit Developments.
<br /> - • � - � � Borrower shall keep the Property in goad rePair and shall not commit waste or permit impairment or deterioration of ` � `� `.
<br /> � the Property and shall comply with the provisions nf any lease if this DeEd of'Trusc is on a IeasehoId.If this Deed of 'F ��;�
<br /> � Trust is on a unit in a condominium or a planned unit development, Borrower sha11 perform all of Borrower's ,
<br /> - �—�---�_, obligatioas under the declaration or covenants creating or governing the condominium or planned unit developmen�the _ .
<br /> - � ` bylacvs and regulations of the condominium or planned unit development,and constituent documents.
<br /> 7. Protection of Lender's Security. If Borrower fails to petform the covenanu and agreements cantained in this
<br /> � . _ Deed of Trust.or if any action as proceeding is commenced which materially affects Lender's interest in the Propercy. - ; :,
<br /> � � then I.ender. at Lender's option, upoa notice to Barrowec,may make such appearances.disburse such sums,including '� ,�. ;� � . . ,
<br /> reasonable attorneys'fees.and take such action as is necessary to protect I-ender s interest. If[.ender required mortgage . . ,
<br /> ' � �� insurance as a condition af makiag the loan secured by tlus Deed of Trust.Borrower shalf paY tha gremiums required to , E • :
<br /> • ` ' maintain such insurance in effect until such time as the requirement for such insurance terminates�n acc:ord�nce wit6 • __
<br /> B o r r ower s and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to ttus :
<br /> •- • " paragraph 7. with intecest thereon, at the applicable contnet rate. sha11 become addiuonal in de b t e dness o f Borrocver ~�• ,�.:;�._
<br /> _. . : _ :.'.f � secured by thia Deed of Tn�st. Unless Bomawer and Lender agree to other terms of payment. such amounts shall be ____
<br /> � �,� payable upon notice from Lendec to Hormwer sequesting payment thereof. Not}ung contaiaed in tWs paragraph 7 shalf ,:;
<br /> � ��: require Lender w incur any expense or take anq action hereunder. " z. -
<br />" 8. lnspection. Leader may make or cause to be made reasonable es►tries upon and inspections o4 the Property. ".� .'° '.___
<br /> �'ra��
<br /> _ . .. . . .�. ptosrided that Lender ahall give Borrower notice prior to any such inspection specifying reasonable cause therefor related ` ,A:: __
<br /> . w Lender's interest ia the Praperty. _ '
<br /> .,,.�.�
<br /> � direct or conse�uential in connection with any � •
<br /> � ` • 9. Condemnation.The proceeds of anp award ot claim for damages, . ;••. ��_,�
<br /> � �° ` condemnadon or other taking of the Property, or part thereof.or for canveyance in lieu of condemnation,are hereby ,:., -
<br /> �,, . �#��.
<br /> � . assigned and shall be paid to Lender, subject to the terms of any mortgage,dced of trust or othet security agreement `,;._.- .,...
<br /> i ,.:.r�-
<br />-- _... _ . , with a lien which has priority over this Deed of Trust. , ri-, =�--
<br /> � 10.Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment ot . "
<br /> " '. �;;��;;f modification of amortization of the sums secured by this Deed of Tsust granted by I.ender to any successor in interest r'��_y�,�=
<br /> � '�.�< of Borrower and all other parties who are or hereaftet become secondarily liable shall not operate to release, in anq ' '. __ ___
<br />.`,�, . , , . manner, the liabilitp of the origiaal Borrower and Bonower's successors in interest. Le�da' shatl aot be required w , . --
<br /> cammence proceedings against such successor or refuse to eatend time for payment or othetwise modify amortization . _
<br />.�`j � of the sums secured bq this Deed of Trust by reasan of any demand made by the originat Bonower and Borrowerrs �
<br /> �x�:
<br /> � � successoss in interest.Any forbearance bp I.ender in exercisiAg any right or remedy hcreunder.or othernrise affotded by •�.:�
<br /> � � applicable law.shalt not be a waivet of or preclude the exercise of eay such right or remedy. ' ;.:_-.,�-
<br /> . - 11.Successoss and Aasigns Boaad; Ioint aad 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 and = ;_:T�_.
<br /> ' ' � Bosrower,subject to the provisions of paragraph 16 hereof.All covenants and agreements of Borrower shall be joint and . #�Y,-
<br />.• several. Any Borrower who co-signs this Deed af Trust, but does not execute the IVote, (a)is co-signing this Deed o4 �.;.y:=_
<br /> � ' � Trust only to grant and wnvey that Bosrower's interest in the Property to Lender under the terms of this Deed of Tsust.
<br /> �` I•i:'�': b ia not ersonall y liable on the Note or under this Deed of Ttust.and(c)agrees that Lender and any other$orrower ` ��_
<br /> . � � P .'='_
<br /> hereunder may agree to extend, modify, farbear,or make any other accammodations�vith regard ta the terma of this . ��
<br /> � Deed of Trust os the Note,without that Bonower s oansent and without releasing that Borrower or modifying this Deed , • _
<br /> � oi Trust as to that Barrower's interest in the Property. , � ,.�''
<br /> . ' 12.Notice. Except for any notics required under applicable law to be given in another manner. (a) any notice to � •�-"
<br /> . . Bosrower provided far in this Deed of Trust shall be given by delivering it or by mailing such notice by certified s^ail •
<br /> . � ' addressed to BonoNer at tha Property Address or at such other address as Borrower may designate by notice to Lender �,.�,�;
<br /> as ptovided herein,and (b) any notice w Lender shall be given by certified r.��:S to I.ender a address stated herein ot to
<br /> such other address as Lender may designate by notice to Borrower as provided herein. Any notice psos ided fos in this '�•;�'..
<br /> • I3eed of Trust sha11 be deemed to have besn given to liorrower or l.endes when given in the manner designated herein. •
<br /> �� � 13.Governiag Law:Severability.The state and lacal lawe of the jurisdiction in wtich the Property is located shall . - -
<br /> , ' apply except where such laws conflict with Federal law; in which case. Pederal law shall apply.In the event that any ,
<br /> '..:; • � psovision or clause of this Deed of Trust or the Note canflicta with applicable law,such wnflict shall not affect other
<br /> � ` provisions of this Deed o{Trust or the Note which can be given e}fect without the conflicting provision,and to this end . .
<br /> �� ` the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses."and
<br /> "attorneys fces" include all sums to the e�nent not prohibited by applicable law or limited herein.
<br /> • . 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust. if
<br /> � requested,at the time of execution or after recordation hereof. •'
<br /> 15. Rehabilitation t.aan Agreement. Aonower shall tulfill all of Bonower s obligationa under any home '
<br /> � rehabilitation, improvement, repair. or other loan agreement which Borrocver enters into �vith Lender. Leiider, at
<br /> l.ender's option, may require$orrocver to execute and deliver to I.ender,in a form acceptable to I.ender,an assignment
<br /> ' of any rights, claims or defenses which liorrower may have against parties who supply labor. materials or services in
<br /> connection with improvements made to the Property.
<br /> 16.Transfer of the Property. !f 13orrower sells or trans�fers all or any part of the Property or an interest therein. . . ,
<br /> � excluding (a)the creation of a lien or encumbrance subordinate to this Deed of Trust, (h)a transter by devise.descent,
<br /> .: c�r by operation of law upnn the death nf a joint tenant, (c) the gtant of any leasehold intetest of three years or less not
<br /> • wntaining an option ta purchase, (d) the creati�n oP a purchase money security interest for hoi�.sehold appliances, (e� a
<br />_ � transfer to a relative resulting from the death��f a}3nrrower, (f)a transfer where the spouse or children of the Bartower
<br /> � become an c��vner of the property, (g) a transfer resulting Rrom a decree of dissolution of marriage. legal separation
<br /> � agreement, �rr fr��m an incidental prc�perty setdement agreement, hy which the �use nf the $cm��wer becomes an
<br /> . �
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