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4, C Im , The pros' ds of Any award c'r 04fru ice damaege &, difoct or ce neeiiu)ent:rrt, m connection with arty <br />c undwrinatlon or other taking of the Property, oar part thefeof, or for c,onveyancei In Iieau of eondamn all on, are hereby Assigned <br />and if be to Lender <br />In the event Of a total taking of the tau Operty, the proceettfi shall be applied to the sums secured by this fg d of Trust, with <br />t excess, if any, paid to Borrower in the event of A partial taking of the Property, unless RmfcwQf ,and Lender 049"wi <br />agree in writing, there shalt beepipliod toi the sums se€ ur yd by tttia geed of Trust such proportion of this procowit os is etual too <br />thallisroplonwo which this amount of" sums secured by this Deed of Trust immediately prior to rile date of taking bear@ to the <br />fair mairketvallue of the property immediately prior to the date of taking, with the balancrr of the pfor On paid to Borrower <br />if the Prop" in Abandoned by Borrower, or if, air notice by tender to fRarrowm that the condemnor Offers to ranks An <br />award or settle a ramm tnar donagoo, Borrower fails to respond to t ander within 30 days after the date such nonce is mailed, <br />Lender is auttionae id to collect and apply the proceeds, at Lender's option, either to f astoratlon or repair of the Property or to <br />the seams socuied by this _ i of i "rusl <br />Unless Lender and Borrower otherwise agree .n writing, any sueh application of proceeds to principal shall net extend or <br />postpone the due date of the monthly installmonis reelefrod to in paragraphs 9 and 2 hereof Or change the amount of such <br />ineltallmotts. <br />10. 111111rafrisswor W f4ekwmW. Extension of the time tear payinernt or modification of amortization of the sums . sarcufaid by this <br />Deed of Trust granted by Lander to any successor in interest of torroism shall not operate to release, in any manner, the <br />halaifity of the original Borrower and Borrower's successors interest Lender shall riot be required to commence proceedings <br />against such successor Of refuse to a :tend time for payment or otherwise modify amortization of the sums ured by this <br />Deed of Trust by realm of any domand made by the original Ninower and biorrowor "u successors in interest. <br />11. Forbesualecallity Lander Nola Waiver. Any twrbuarance C +y Lunch, in uxercauing any right Of remedy hereunder, or <br />Otherwise afforded by applicable law, shah not be a waiver cf or l)re)f;lude ilie exercise of any such right or romedy. The <br />procureirstint of insurance of the payment of taxos or olher hens of charges by Lender shall not be a waiver of Lender's right to <br />accelerate the maturity of the Indebtedness secured by this faeeed of Trust. <br />12. Reastildiesi Cumulative Ali remedies prrrvuted in this need )e T,,ist are instinct end stimulative to any Other right or <br />tarnedy uncter this Dead at Trust or afforded by law rar e?qutly, and may lire exercised concurrently. independently or <br />successively <br />13. Successors and Assigns Bound; Joint and Several Liabolly; t,-rijillons. frtr r:overiarits and agreements herein <br />contained snail bind, and the rights hereunder shall +pure to. the andassigns of Lander and Borrower, <br />subjerct to the provisions nt paragrept• t ' r ere ,t Alt r. ayi ca + + r f Rua rower snail be joint and several. The <br />captions and headings of me parragv iptv.+,tthr�C'a.•edotTrustaare t, r and are riot tobe used to interpret or <br />define the proveseona hereat <br />14. use. E xcelaf for any nonce recu,rea under arppirceule law tO lire g,ver+ in another manner, lad any notice to Borrower <br />provided for in this Dead of Trust shall ors aaive,I by rrtaiiing sucr; r +uhr.e by crart+tind mail addressed to Borrower at the Property <br />Address or At such Other address as aorrowe:r many des,gnate by now u to Linder as provided heroin, and (b) any notice to <br />tender shall be given by certified mail. return receivi requested. to Lender's address stated herein or to such other address as <br />Lender may designate by notice tc, ai r' owe, as prov decd here,€; Any notice provided tot it; this Dead of Trust shall be deemed <br />to have been given to Borrower w [ ern der rvrien (given in the niannev designated harm, <br />15.. Uniform Bleed erg Trust; Governing Law; y. The form of deed of trust combines uniform covenants for <br />riatio iat use and non- undorm covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real property, This Deed of Trust shall be governr=d t)a tint: iaaw r)f the jurisdiction in which the Property is located. In <br />the event that any provision or clause of this teed of Trust or thr! Note conf!,cls with applicable law, such conflict shall not <br />affect other provisions of this Dead of I lust or the Note which can he given effect without the conflicting provisions, and to this <br />end the provisions of the Deed of Trust and the Note are dec'raretd to be severable <br />tit, earrower s Copy. Borrower snail his turn, ».r:v A a c _,n +ari=se i ropy of the Note nand of this Deed of Trust at the time of <br />execution or after recordation her €a f <br />iT. Treader of the Pro sty; Axsurripbon. 'f tt,,wein rs sold or transferred by <br />BE?trtiw�wtth {7U1 Lendrir $ priSJr w,'`e�, Un5vil esxa.i;.iiii'y taJ thu citmIl n,) is lie; Ui ene.umbrance subordinate Willis Deed <br />of Trued, (b) Este cremation of a phrChase ,irti; ley se(.ur sty it italout fur trOubt;hoid appliancus, (e:) a transfer by devise descent or by <br />operation of law upon, the death of a joint tenant or id) the slant of any leasehold interest of three years or teas not containing an <br />Option to purchase, Lender may. at Lender's optic n. deciare ail the suivis secured by this Deed of Trust to be immediately due <br />and payable. Lender shall have waived Stich option to accelerate it, prior to the sale or transfer, Lender and the person to <br />whom the Property is to be sold or transferred rctt• agreement in writing that the credit of such person is satisfactory to <br />Lender and gnat the interest payable on the by ibis lyaaad ol. trust snail beat such rate as Lender shall request. It <br />Lender has waived the option to sc;cescyrate provuderd in ;;rib parsgtaph 1?. and it Borrower's successor in interest has <br />t'x�i UFed wrist r .��ttrTtptiUe. y�r nrrn', aaCff3t'it€N�F +r' hr,hn h•r natter <br />11 . finder shell trilease Borrower from all obligations <br />uncler this Oeed or Trust and the Note <br />if Lender axercoses such opf;c)r, to air,,eier;jtce i_en „kr, star+, ai,iii h!rnower notice of acceleration in accordance with <br />paragraph 14her f Such noticesraiiprn.+oes per 'cr” t, )0if emMali 3�ldaysfromthedatethenoticeismailedwithinwhich <br />Borrower may pay the sums flecisred due n tt4,rrrwrdr t>vls tr, pay r.,icn gums prior to the expiration of such period, Lender <br />assay, writhoutfurthrif notice or ,teener' f W owef r, v•,k.e any rte,- 'nd +Rs permitted by paragraph 18 hereof <br />MM- U%tFORM COVEN"TS. Borrower and Lendisr further Lovecarit and agree as follows: <br />18. Acs ' oof ass provider! + oarragraph 17 hereof. upon Borrower's breach of any covenant or <br />agfeement of Borrower -n this Deed of i,st. +r c i jai g ,r W ')versant, to pay when due any sums secured by this Deedot Trust. <br />Landelf prnf to acce4illahon Owl ma c, to v "'eve iig prrr T1e0 ,r, paagraph 14 hermf specifying. (1) the breach; (2) the <br />moron requited tr cure such breact' , iii as date. not Less thaan aO days tronr the date the notice is mailed to Borrower, by which <br />such breach must he cured. and lC thaf Psiiure to cute 4urh breach on or b€?twe the date specified in the notice may result in <br />ateon of the sums saiGured by ttiis Doed of T rust and sale of the Piope;rri The notice shall further inform Borrower of the <br />rigm to reinstate after r accateeration and tree right to bring a court aactron to assert the non- existence of a default or any other <br />Of rower rte c sfeOn and lea €f the breach is not cured on or before the date specified in the notice, Lender at <br />Lender's 090011 may oritclare all of the sums w<,jrerd by this Dried of Titist to be immediatety due and payable without further <br />dematid and may invoice The power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />co"ectall reownablecosts and expOrtsers incurread in pursuing t: re remedies provided in the paragraph 18, including, but not <br />tIrriftdi , ressonaMe atknnoy's fees. <br />It me power of sale is invoked, Trustee shall record a rrt,ce ul 6e,taawl ut each coun,ly in whir.h the Property or some part <br />thereto is ioCa d and shall mail copies of such notice in the mariner pfeacnbed by applicable taw to Borrower and to the outer <br />persons prescribed by applicalb4o law. Alter the i e of such time as may be required by applicable law, Trustee shall give <br />pt,ifink ricifte of sets to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower. <br />snall l Me Pr at public auction to the highest bidder at the time and place and under the terms deal®nated in the notice <br />in Or a parcels and in such or as Trustee may determine. Trust may postpone le of all or any parcel of <br />me Pr by public annwricentent at the time and place of any previously scheduled sale L.endef or Lender's designee <br />porchatee am Pr at any safe. <br />Upon rectipt of payment ofthe price bid, Trustee if deliver to Erie purchaser Trustee's deed conveying the Property sold <br />Thee :t in Tr 's lbe prime facie evidesnceof the truth of the statements made therein .,'rust Shall apply <br />the proceeds of in rite Wowing order: (a) to all ( sociable costs and expenses of the sale, Including, but not limited to. <br />Tr 's of not more then ...... .......... .%of the gross sale price, r sonableattorney'sf sandcostsoftitleevidence, <br />{ secured by errs of Trust; and (c) Nis excess, it any, to the person or persons legally entitled thereto. <br />19, a OW to , Notwithstiending Lender's acceleration of the sums secured by this Deed of Trust, <br />skerrowershaN havetharightto have any procoldingsbegun by Lender to enforce the Dead of Trust discontinues at any time <br />fo ur Of (l) th@WM day bellisfethosalls of the Property pursuant to the power o4 safe conlamed in theDeed <br />of T rim trip gmtry of a t t shiers „ „ing this Deed of Trust if (a) Borrower pays Lander all sums which would be then due <br />otidw e,is Dead Of Tr and notes securing future Advances, it any, had no a::colaration occulted (b) Borrower <br />ctorer so br .lies of any ~ covoiAnts or isipoemooll, of Borrower contelnmd In this 13errd of 'Trust fed) ttsgraUwer pays all <br />r ass n- rt°rs;urretd <br />Itiyj"andlit and Trusf is anforcIng the crivenAnts maid rigypriml of R,)rrowet , o itainastd an Ili is <br />t r)i tr f did In Forcing Lors(ter's end trustee `s lenrerdies as pruv ddyscf,n paragraph ill tietwIl :ne iuc -jil lint not hsufitif <br />e[). sit >e �ns^rnAr°r'� f ,ant$ tdj F.Ttireawer t�k�s �urh actiuri As i.enderr n,�y ireASnisatafy ,€,gi,:rrr f+, aaPoNtar r, thRe4 the, hen cal <br />rht tl r" t of rrwif {_e'trk” % rioter t rn trre p,4MfTy Ant: t9j o)wrar w "'Migrate',n tc. pray ?has qlw, , %r3, cruel l'v the f )"O'i r)1 T trssl <br />ifaaaa2;” t €U0U"Mitillfipor,ssi,r,priv i"IllAnrtr:rnbyfforrnap+gq,,, tr rift, a,= rt! r„„ & >i;q,+_,,,.:<, ^+:,rn.trses,nhy <br />ry r ' si t,>rca'i �rrd s i ._ �# srry „err. <; �inrbw+ h�rr rys,ci;r rser� <br />