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A- mo ill's- <br />9. Condemnation. Tan• poser h tit an, d,s air, at tla:m lo, da raj cs it,rct+ .•i s q, rt ni! n 1•nuttuun soli anv <br />;.mdcmnariiih nr Mhrr taking of the Prat•_nt, or part thereof, or tot tonvcs ance m hen of t ondcmnanon, are hereby assignrd <br />�f and shall he paid in Lender <br />In the event of a total taking of the Property. Ihe protect. J,a11 Lc eppl.ed s+ thr won sctureJ by this steed of l ruu <br />with the cares, &any. paid to Borrower In the event of a partial taking .,I the i'miteit}• unless Borrrower and t order <br />otherwise agree in writing, there shall he applied a, the sums sic urcd I,y this I )real .,t I prat such p roponinn of the ixnceeds <br />,.s is tdVa( -M thttt;pmportron which the amount n1 the sums %crated I•y th,a I )t-c,t od 1 tust immcdl.ittly prior to the date of <br />lal tttg bean In the fair market value of The Property immediately prior to flit dare of taking. with the balance of the proceeds <br />paid io'.Botrower <br />if the r`' po fly 0,1ri'b'at'd he It, m-er, nr it efts suns by 1 emirs t•, Ili..... „ 111.0 th, .. +roL•nmut it Oct, In mnk,- <br />am ..want of .Melt: ,i ti:mo tot Jamaft. i1- F.,Wtt tadv fn tt•sp,nd la I cold, .t�thnt to days after live dale suth mote 1, <br />mailed, lender is atithr•tized I„ collect and apply the proceeds, at lender's option, either to restoration or repair Of the <br />Property or to the sums secured by this Deed of Tru 1. <br />Unless Lender and Borrower otherwise agree to writing any such application of proceeds to principal shall not cttenJ <br />or tprsrx the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount OI <br />ssK1t imh(Iments. <br />11. burrower Net Released. F.xtenston of the time for payment or modification of amorunpon of the sums scorer, <br />by Ibis Deed of Trust granted by leader to any successor in interest of Borrower shall not operate to release. in any manner, <br />the liability of the original Borrower and Borrower's successors in interest 1 ender shall not be required to commence <br />proceeding spinal such successor or refuse to extend time for payment or otherwise modify amortitat,on of the sums <br />secured by this Deed of Trust by reason Of any demand made by the origin at Borrower and Borrower's successors in mterrsi <br />11. 'Forbearance by Lender Not a Waver. Any forbearance by Lender in exercising any Tight or remedy hereunder. or <br />rniterwise afforded by applicable law, shall not he a waiver Of Or preclude the exercise of any such right or remedy <br />The procurement of insurance Or the'payrttrnt Of taxes or other hens or charges by Lender shall not be a waives of Lender's <br />right to accelerate the maturity of the indebtedness secured by this feed of Trust <br />12 Remedks Curmdstive. All remedies provided in this Deed of Trust are distinct and c tmulattly ri any other right <br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised crsncurrently, independently nr <br />soccesatvely <br />13. See renew, od A"iltm Bound; Joint and Several liability; fgtions• The covenants and agreements heiem <br />contained shall hind, and the rights hereunder shall inure to• the respective successors and assigns Of Lender and Borrower <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall he joint and several <br />the copliom and ircadinp of the paragraphs OI inks Deed of Trust are for convenience only and are not to be used to <br />interpret or define the provisions hereof <br />14. Nod". Except for any notice required under applicable law to be given in another manner. (a) any nwnc to <br />Borrower .provided 'for tit this Deed of Trust shall be given by mailing such notice by cenified mail addressed to Borrower at <br />the Property Address or at such after address as Borrower may designate by notice to tender as provided herein, and <br />Ohl any notice to Lender shall be given by certified mail, return receipt requested, to Lenders address slated herein or to <br />such otbai address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein <br />M +VON hren end etTni,ff('GhvernW4 tatty: Sevenkfty. This form of deed of irtut combines uniform covenants for <br />tnsio" we and eon- ulriform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covernil real properly. Tina Deed of Trust shall be governed by the law of the jurisdiction u1 which the Property is located <br />to the event that say provision or claim of this Deed of Trust or the Note conflicts with applicable law. such conflict shall <br />not a>I thirr prmarot» of this of Trust or the Note which can he given effect without the conflicting provision. <br />and to this end the provisions of the Deed of Treat and the Note are declared to be severable. <br />16. gjerrawei s Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or after recordation hereof <br />17. Transfer of the Property: Assumption. If all or any part of the Property or an interest therein is sold or Iransferred <br />by BorTowei without Leame's prior written consent, excluding 1 a) the creation of a lien or encumbrance subordinate in <br />this Deed of Trust, (h) the creation of a purchase money security interest for houwhold appliances. (c) a transfer h) .'.cvne <br />descent or by Operation of low upon the death of a joint tenant or (d) the gram of any Icasehold interest of three )ears or less <br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to he <br />immediately due and payable. fender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Properly is to be sold or transferred reach agreement to writing that the credit of such person <br />is salisfaelory to Lender and that the interest payable on the sums secured by this Deed of T rust shall be at such rate as <br />).enter sholl rrytitst. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />in interest has cxeculed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower front <br />all obligations under this Decd of Trust and the Note. <br />If Lender exercises such Option to accelerate. lender shall mail Borrower notice of acceleration to accordance with <br />para`raph 14 hereof. Such notice shall provide a period of not less than 10 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period. <br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph rg hereof. <br />Nolit.UivirolIM (-OVEMANTS Borrower and tender further covenant and agree as follows. <br />is. Acceleration; Remedies. Eacepl so provided in paragraph 17 hereof, upon lorrowees breach of any covenant or <br />ageetimewt of Borrower in this Deed of Twist, mcitediwg the covenants to pay when due any sums secured by the Deed <br />of Trull. IonAer prior to accekratten shall in" nertke to Borrower so provided in paragraph 14 hereof specifying: 11) the <br />breach; 12) the action rettuked to care such breach; (31 a dale, not less than 30 days from Ike date the notice Is mailed to <br />Borrower, by whkh sut•h lcesrh mtaM be tented, and 14) that failure to con such breach on or before Ike dale specified <br />Iw the note@ may resod is occeknNa of the mm secured by this feed of Trust and sale of The Properly. The nice <br />AM further inform {o►rewer of the right 10 IllsAMe after arcektatiou and the right to bring a court action to suer( <br />Me so".0shok,oce of a ddsuN or my other defense of Borrower to srreleeatlon and sale. If the breach b not cured <br />am or before the date eperilled M the uO*t. IA"tf N Lender's oplioo say nfeclare aM of lite sums secured by this Deed <br />of Trust so be imowdia dy due and payuble wNhost twitter detsosd add nay invoke the power o: sale and soy other remedies <br />peswieted by uppNcsbk lsw. Lewder sksM be sodded N rolled sit teamm"e calls and eapersses incurred M pawing the <br />sewedks presided I* /bb poragreph 12. IstMadl 14 bad set %Oiled to. retuand I *"army's lea. <br />N Me pa+�as of oak,Ia invoked. Trwko aWl record a walk* of deft nN let each county ht w)tkh the Property or some <br />pool Merest k l:"".asd AM wea coghaaf sueb wanks M the swawwer p.,11led by applicable low to Borrower Md to the <br />other pasows proscribed by appikAk law. After the h pw of loch Note as rway be reiltd evd by applicable law. Trillion stbaM <br />like -dblk **Iles of risk N 1M penows and M nbe wanner p+aewribed by applicable law, Trustee. wMhsuf deswand on <br />Bsnowsr. Mall treli Mt Properly -at poW auction M ton Alghnsl bidder at the finite and place add estate the terms deslgwated <br />M fM Welke of link M one or msore pa►c and In such order as Trustee may doerndst. Trustee may poolroom ask of sN <br />of tiny pored of the Property, b }uYMc �a*m*aaeswaeml at The Nan and ttloc'n of my previously scbdul id oak. Loader or <br />tawke's do*-- way r*rch— Ms Properly, at ay salc <br />neelpf of pay*awl of slot peke lid. Trustee 40 dative► to the purchaser Trwtecii deed curtseying the Properly <br />add. lieu neNok Is Me Trsalts`r lied and be prkaa lock evidence of the truth of Tee slNewreves made therein. Trustee <br />sbaM apply tike proceeds of Ibe isle M Me fsMowMrg omen jai b aM reawwabk c*Ns u*d rapenres of the sale. haeWMwg. Mt <br />and NonOW is. *vow's fist of Mt mom thaw 1b d the grow acre peter. ftemomw atteri ey's lea a" rusts of <br />Who tvbkwe; (10 N aN saran sai erd b /lib Dead of TMAI oad le) the *scar, M any, to Ibe persem or psaar kgsNy entltkd <br />L is. fllonowases RIgM N RtlMNe. Notwithstanding Lender't acceleration of the sums secured by this Deed of intat. <br />Borrower shah hove Ike tight to have any proceedings begun by Lender to enforce this feed of Trust disconemued at <br />in this Deid of Trust m (n entry of a judgment enforcing Ohio before Deedrof sale (,if if: lei Properly rowerupays Lender power <br />all sums which would <br />be then due tinder this Deed of "frost. the Note and naa securing Future Advances, of any, had no acceleration occurred. <br />Tb) Borrows( curet all breaches of any other covenants or agreements of Borrower contained in this Deed of Truss. <br />Oct Borrower pays all rt �odlec etperne , Alurred by Lender and Trustee to enforcing the covenants and agreements of <br />Borrower contained in this [etd Of 7tust and to enforcing 1• rider's and Trustee i remedies as provided in paragraph I <br />hereof, including, but not limited la. reautnsb)e .tiorney's fees. and WI Borrower rakr, stich a,nrnl as I eader may reau,aahq <br />noose to **suit that the lien of this Deed tit Trust. Lender's interest in the Piolieriv and hors —er'i obligation it, poy <br />Vi 6 <br />w <br />J <br />