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87105468
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87105468
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Last modified
10/19/2011 12:39:21 PM
Creation date
3/27/2008 2:50:39 PM
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DEEDS
Inst Number
87105468
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10 <br />A <br />by this LW4 of Trust imettaliolifly prior to the date of Witim bears to the fair market V440C of the Property iromadialely Prior to the date of <br />taking, with the balawvol'the proicardh paid to Borrower. <br />if the Property is abondonsicl by Borrower, of if, after Actric; by Lender to Borrower that the coridemn"roffers to make an award or hCulf it <br />claim fir diumign, Borrower fails to respond to I emikir within 30 days after the data such notice is mailed, 140*f is authorized to MRqc:t and <br />apply the prowds, at Lanalorlii Option, either it) reeforstimn or repair of the Property or to the swab secured by this Dead of Trust. <br />Valarts Lawlor and Borrower Otherwise wee in wirtunig, any rueb 4PPkAMOn Of PfOMdG to p6tKip4l shall not extend Or ". PCHur the dMiC <br />data of the monthly installitairafs referred to in paregitalislat I and 2 hereof in, change the arturium of such inisiallmaniii, <br />M Nerentwor Not Relented. Extension of the time for payment of modificamor; of ammimtron offbe sums secured by this Mad of Trust <br />VwUW by LoWer to any successor in hatareat of Borrower %hall am operate to Febutar, in any mariner, the liability of life original Borrower and <br />Borrower's sucemors in interest. Lender shall not be required to comatence proceedings against such successor or refuse to extend lime for <br />payffant or (Alffartrian modify amortization of the sums scented by this Deed of Trust by rqtgm of any demand made by the original Borrower <br />"W Hkarrower's succo"ors in Interest. <br />11. Forboaramin, by ImMer Note Waiver, Any ftyrticafarwe by Lenda in exacisms any right or remedy hereunder, or otherwise afforded <br />by appkabk law, awl not he a waiver of Of preclude the exercise of any %inch light or Firmody. The procurement of insurance or the payment of <br />tam of other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Truisi. <br />st RemediesComailaillive. All remedies provided in this Deed of Trust are distinct and cumulative to any other fight of remedy under this <br />Deed of Trust or afforded bylaw or equity, and maybe exercised comurrently, independently or successively. <br />13. Saintimmes OW Assigns bound-, JWM MW Several 11861111ty; Captions. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covemmisand agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are forwriveninvice only and are not to be used to interpret or define the provisions hereof, <br />14. Notice. Except for any notice refifuned under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Deed of Trust shall he given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address <br />as Borrower may designate by notice to Leader as provided Went, and (h) any notice to Lender shall be given by certified mail, return receipt <br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />non= provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manim designated herein. <br />15. Uniform Deed of Trian: Governing Law, Sievetrabinty. This form of deed of trust combines uniform covenants for national use and <br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by the law tit the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with aprilacable law, such conflict shall not affect other provisions of this Deed of 'trust or the Note which Can he <br />given effect without theconflk-ting provision, and to this end the provisions of the feed of Trust and the Note arc declared to be severable. <br />16. Darrower'n Copy. Borrower %hall he furnished a conformed copy of the Note and of this Deed of brio at the firne of "ecution or <br />after recordation hereof. <br />17. 1'rasaffer of On Prop"; Amonapithia. If all or any part of the Property of an interest therein is sold of transferred by Borrower <br />without Leader's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to this Dr.cd Of *Trust, Jb) the creation of <br />a purchase money wunty interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grant of any Waschold interest of three years or less not containing an option to purchase, fender may, at Lender's option, <br />declare all the sums secured by this Deed of Trust to be immediately due arc payable. Lender shall have waived such option to accelerate if, <br />prior to the sale or transfer. Lender and the person In whom the Property is to N sold or transferred reach agreement in writing that the credit of <br />sucti prison is satisfactory to Lender and that the interest payable an the sums secured by this Deed of Trust shall be at such rate as Lender shall <br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and <br />the N(de. <br />If Lender exeram such Enition to accelerate. I xndcr shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such mice "I provuk a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared <br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, <br />invoi,ir any remedies permitted by paragraph IF hereof, <br />NJ <br />
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