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$9= 100839 <br />& ConderrmaVOL The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnabonoroffm taking aftMProperty. orpattthereof. orforconvayanceintieuofcondemnation ,areherebyassigned <br />and shall be paid to Lender. <br />In the eventof a total taking of the Property, the proceeds shall be applied to the sums secured by this tweed of Trust. with <br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender otherwise <br />agree in writing,dtereahail be applied tothesumbsecured by this Deed of Trustsuch propofionofthe proceeds as isequalto <br />thatproportion whichtheamount ofthe sums secured by this Deed ofTrust immediately pdorto the dateof taking bears toMe <br />fair marrkket value of the property tmmediatpfy prior to the date of takes, with the balance of the proceeds paid to Borrower. <br />If the Property isabando ned by Borrower. or if, after notice by tender to Borrower that the condemnor offers to make an <br />award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date such notice is mailed. <br />Lender is authorized to collect and apply the proceeds, at Lender's option; either to restoration or repair of the.Property or to <br />the writs secured by this Deed of Trust <br />UnionLenderand Borrowerotherwiseagreein writing, any such application of praceedsto principal shall notextendor <br />postpone tthe. due date of the monthly installments referred to in paregraptls 1 and 2 hl ;reof or change the7amount of such <br />maW knerits, <br />W. ffioaot aNd RdessaL. Bxlensionoithatimeforpaymentornt" fi�attonofamortizationof thesumssecuredbythis <br />Deed of -Trust granted by Lender to any successor in Inter 4d of Borrower shall not operate to release, in any erawmer, the <br />iiablRyof the original Bormwort ndSorroweessuccessvrainfamt. Lendertihatl not berequiredtio commencepToceedings <br />agrtiiFAf atruch successor or raftns6 fit extend time for payment or otherwise modify amortization of the sums secured bythts <br />Deed of Trust by reason of any di rTand made by the original Bormwer -and Borrowees successors in interest. <br />11. Forbearance by Lender "a Waiitrsr. Any forbearance by Landei=lit exercising'any _right or remedy herea radar, or:. <br />otherwise afforded by applicab`e law. shall not be a waiver of or precludfh he-examitse of any .sucta right ar remedy. The <br />procure <br />insurance of the paymentof taxesorother llensorchargesby Lkinder. si tall not bea waiverol Lendai "srightto <br />accelerate the maturity of the firvIebtedness secured by this Deed of Trust. <br />12. Baeisdiss CunwlaYw Alt remedies provided in this Deed of Trust. are r d: and cumulative to any other right or <br />remedy under this Deed of Trust or afforded by law or equity, and rrpy be exi t4cised concurrently, independently or. <br />successively. <br />!°. e• • ;,.. and Au#.- . ^.d; Joint cnd Sa:arts! Lhftft. : epEam The =6 agreements harein <br />contained "I bindandthe rights hereundershall inure to. the respective successwsand assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of 8orrower shall be joint and several. The <br />captions and headings of the paragraphs of this Deed of Truslare for convenience only and are not to be used to interpret or <br />define the provisions hereof. <br />14. Hollim. Exceptfor anyootice required under applicable law to begiven in anothermanner, (A) any notice to Borrower <br />provided for in this Deed of Trustshall begiven bymai!ing such notice by certified mail addressed ta'9orrower atthe Property <br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b,• :.any notice to <br />ten4ershall be given by certified ✓nail, return receiptrequested, to Lender's address-s2bad herein orto such eat4r. addressas <br />Lenderniay designate by not catoBorrowerasprovided herein. Any notice provided Win this Deed of Trust sh0iya deemed <br />to have been given to Borrower or Lender when given in the manner designated herein. <br />1S. Urhllsro Deed all Trust; Havering Law; SwsrabiW The torn► of deed of trust combines uniform covenants for <br />national use and rion- uniform covenants with limited varlaWns by jurisdicton to constttrte a uniform security. instrument <br />caverina real property. This Deed of Trust shall be govemmed by the fair o* "jurisdiction in which the Property its located. in <br />the event that any provision w Cause of this Deed of Truster the Note conflicts with applicable law. such co .l..'wt shall not <br />affect otherprovisions of this Deed ofTrust orthe Note which can be given effectwithoutthe conflicting provi5i"s, and tothis <br />end the provisions of the Deed of Trust and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of thi s Deed o° `must at the time of <br />execution or after recordation hereof. <br />17. Trarhdaro111ha Property; Asshrrwotm.if all or any part of the property or an interesttherein ds soid or transferred by <br />Borrower without Len der 'spriorerr .ittenconxa . 1 excluding ( a) the creation ofa lien arencurnbrancesubordiria +leto this Deed <br />of Trust, (b)the creation of s purChaperntr WN.i19v:;rity interestfor household appliatim (c) a transfer by devisedescent or by <br />operation of law upon the death of spatnt tat iarr! or (d) the grant of any leasehotd interestof three years or less not containing an <br />option to purchase. Lender may. at Lender's zVion, declare all the sums secured by this Deed of Trust to be immediately due <br />and payable. LenOV shall have waived such option to accelerate if, prior to the sate or transfer. Lender and the person ttr <br />whom the Prop" is to be so49 or transferred reach agreement in writing that the credit of such person is satisfactory to <br />Leriftrasndthattheinterestptrr Veon the sums secured by this Deed ofTrust shall beat such rate as Lender shall request If <br />lLenOor free waived the optitk,^ tip accelerate provided in this paragraph 17, and if Borrower's successor ire interest has <br />exe&jled a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from al)' obligations <br />under this Deed of Trust and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of accelaa ,961ion in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the datethe rnxbDa is mailed within which <br />Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiira'lii,'1 of such period, Lender <br />may. Without further notice or demand on Borrower, invoice any remedies permitted by paragraph 10 herect <br />14OW- UNIFORM COVENANTS. Borrower and Lender furl1w covenant and agrerh as foNows: <br />10. Aecsisrall1w. Remedies. Except as provided in paragrapl-, Sit hereof, upon Borrower's breach of any covenant .w <br />agreemerhtof Bor ±elver in this Deed of Trust including the covera M U way when due any sums secured by this Deed of Trier. <br />Lender prior to acc0eve0on shall mail notice to Borrower at; re&j --4 in paragraph 14 hereof specifying; (t) the t,•aach; (2)lt. e ' <br />action required to cure such bteac!; (3) a date, not less tf a n 0 day s from the date the notice is mailed to Boactli,wr, by which <br />such breach must be cured; wi1(4) that failure to cure sail breach on or before thIs date specified In the nor: ;e,r *ay result in <br />acceleration of the sums seen +led by this Deed of Tru st are6 trite of the Property. The notice shall fu,% er inform Borrower of the <br />right to reinstate after acceleration and the r'Zht to bring a court action to assert tha non - existence of'a default or any other <br />defense of Borrower to acceleration and raft if Me breach is not cured on or before thedate speaiiad in the notice. Lender at <br />Lender's option may declare a!I of the sums sat -uTed by this Deed of Trust to be immediately due W4 payable without further <br />demand and may invoke the p woer of sate and any otter remedies permitted by applicable law. Lender shat he entitled to <br />eollectall reasonable eostsard expenses incurred in pursuing the remedies provided in theparagraph 18. ind:u&ng, but not <br />HIM 10, reasonable attomey's fees. <br />If the powerof sale is invoked. Trustee shall. record a ✓dice of default in each county in which the Property or some pact <br />thei is locatedandshall mail copies ofsue .,noticeintre.rannerpre cribedbyapplicabletawtoBorrowerandtotheother <br />persons prescribed by applicable law. After me lapse of such time as oily be required by applicable fats. Trustee shall give <br />public notice of sale lo the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower. <br />shall sell tits Propertyatpublic auction tothe highest bidderatthetimeand placeand under theterms designated in the notice <br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sate of all or any parcel of <br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee <br />may purchase the Property at any sale. <br />Upon recsiptof payment ofthe price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold <br />The recitals in thsTrustae's deed shall be prima facie evidence of Metnrlth of the statements made therein. Trustee shall apply <br />:l► ,prdceeNofa itss6lrr if, ft r :(a)farditeatsott W ears! fs" exptmsesofthesa fe,including.butriotiimiiedto. <br />Trustee'sfessof not more than %of the ross sale price. reasonable attorneys fees and costs of title evidence. <br />(b) to all sums secured by this Deed of Trust and (c) tie excess. if any. to the person or persons legally entitled thereto. <br />It. L .orrsi.rtr's IiffgM M.01sU. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. <br />Borrower shall have rightto have any pfocesdingsbegun by Lender to enforce the? Deed of Trualdiscontinuedi at any Ilmo <br />prior to ttie es" 60 occur of (1) the fifth day before the sale of the Property pursuant to the power of sate contained In the Deed <br />of Trust (ei) entry of a justment enforcing this Deed of Trust d: (ai Borrower pays Lender all sums which would be then due <br />under this Deed W Trust the Note and rotes securing Future Advances, if any, had no acceleration occured•(b) Borrower <br />cures all breaches of any otter covenants or agreements of Borrower contained in this Deed of Trust (c) Borrower pays alt <br />reawonaWsexpenim incurred by Lenderand Trustee enforcingthe covenants and agreements of Borrower contained In this <br />Deed of Trustandin enforcingt,ender's and Trustee's remedies as prov.ded In paragraph 18 hermf including, but not limited <br />to. reavonaMe attorney's tees: and (d) Borrower takes such action as Lerdermay reasonably repair a to assure that the Iten of <br />this Geed of Trutt. Lenders interest in the Property and Wurroww'g obligation to pay the Burns s9r_ured by this Deed of TruS! <br />shallcontmueunimpaired Upon such pa{ mentandcutstb yekwower.thls Deed of taus? ar!ltht?Ob!igatint'¢5(-Lui >dI- Pro?t-i <br />5!t =111 remain in full force and effect a9 it rtu auceieratlan -nd of t.utFed <br />it <br />r <br />�f <br />c�� <br />