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86-- 100+611 <br />1. tbndemnatroa Tfir p* .. .I+ „i an .: +aid ru :lain dire,• ..i ... i.. :.,! _n ,tnr e. non weir an. <br />otbet taking of the Pmj.:ris+, no pall thereof. „r tri . nnscyan,r �n iseu ..f nndc,onaunn, are Mr[M asvgnrd <br />ontlrnmaono ur <br />anal shalt he paid in 1 ender <br />In of a total raking of she Prnf+rrty. Ihr pfrtiecd..hali tx' .,pla.c,( ,,• ,hr .rim: ccuurd h/ this OecJ .+! Lust <br />_ live evert) <br />with the excess, if any, paid to got row er to she event of a rati,al tak"+lj; , + Ihr Pn)perts, unicss Bnrrowet and I rnder <br />there shall he applied It, be sums srcurc,i hs shit (,evil .? I n•v corh ;,ropornon of the proceed) <br />osMt,rme agree m writing, <br />a> n equal to Ihar proportion which the amount o1 the sums arc'uted !•/ iho iy<cd tit ,,use ,mm itic balance poor to the dale of <br />to the dair n1 salt, I wish tfir halantt n4 the proceed, <br />taking hears to the fair market value of the Property immediately prim <br />pad In Bot ntITT ., <br />If the o-,firns 4•an;Mnrd hl• I1.nn'•'rt, n, d. alfeg unn,c hs I rndt i h' (tr;,ns.,. ih,, Ili. n.lrnuu•, offer, u, mole,` <br />1 u �th,n to Jess olio the dale such onuses , <br />.m ..ward oI ac1Uc ., ,Jinn+ lo, dani.igc. It.vn'wci lads ti, ra•ap•ad I, .: ride, <br />ti, collect and apply the proceeds. at I rnder s option, either to restoration or repair of the <br />marled. lender is nithonred <br />property or to the sums secured by this Deed of Truss. <br />such application of croccrds w pnncipa! shall not viand <br />Unless I.ender and Borrower otherwise agree In writing any <br />the due date of the monthly installments referred to in paragraphs I and ' hereof nr change the amount of <br />or tpnne <br />such inslat ncnn. <br />11. laereaer Not Released. Esfencion of The time for payment or modification of amortual nn of the sums soured <br />in ant, manner. <br />by this Deed of Trutt granted fit 1 ender rn any successor in interest of Borrower shall nut operate to release, <br />Borrowet and Borrower's successors in interest 1 ender shalt not be required to commence <br />the liability of The original <br />or refuse to extend time for payment or otherwise modify amortization of the rims <br />proceedings against such successot <br />s secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrowers successors in mir+eai <br />Woivtr. Any forbearance by Lender In exercising any right or remedy hereunder. nr <br />i1. ftsibtarsncc by Lender Not a <br />ntherwire afforded by ArWicahle taw. shall not IV a waiver of or preclude the exercise of any such right or remrdy <br />Lender be a waiver of Lender's <br />The procurement of Insurance nr the .pavrricnt of taxes or other hens or charges by shall not <br />the secured by this Deed of Trust <br />right to aecelerace the maturity of indebtedness <br />12. Re" frtrsraI I.e. A(1 remedies provided in this Deed of Trust are distinct and cumulative in anv other right <br />be exercised concurrently, independent) or <br />or remedy under this deed of Trust or afforded by law or equity, and may <br />successively <br />and Assigns Boa"d; Joint and Several liability: tio"s. The covenants and agrtemcnn herein <br />13. Surrgxwrn Cap <br />contained shall hind, and the Tights hereunder shall inure in. she respective successors and assigns of Lender and Borrower <br />of 17 hereof All covenants and agreements of Borrower shall he jmnt and riven) <br />subject 10 the provisions paragraph <br />the and headings of the paragraphs tit ems Decd of Trust are for convenience only and are not ti, be used to <br />eaplrons <br />interpret or define the irovisions hereof <br />14. Notice. Except for any notice required under applicable law to be given In another manner, fat any m'utc t'+ <br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />address as Borrower may designate by notice to Lender as provided herein, and <br />the property Addtsxs or at such other <br />(b) any notice to Leader shall be given by certified mail, return receipt requested, to Lender's address staled herein or to <br />to Borrower as herein. Any notice provided for in this <br />such 01W address as Lendert may designate by rhotice provided <br />Deed Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein <br />of <br />iS. Uniform Deed of Trust; GsveraMg Lim; Seven MMy This form of deed tit trust combines uniform covtnanr; for <br />national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security mstrumeni <br />real property. That Deed of Trust shall be govctned by the law of the jurisdiction in which the Property n located <br />cm-eriwg <br />In she event shot soy provkiom or clause of this Deed of Trust or the Note rnnff,cts with applicable law, such conflict shat. <br />Note which can he given effect without the conflicting prnvnion. <br />not affect other pros d this Deed of Trust or the <br />of the Deed of Trust and the Note are declared m be severabler <br />and to this end s e!r provisions <br />lli. gyorrxwora Gpy. Borrower shall be lurmshed a conformed copy of the Note and of this Deed of Trust it the time <br />of execution Of ants rectxdation hereof. <br />17. TafaMer ref the rn►trty; Aamompoll". if all (it any pan of the Properly or an interest therein Is sold or tranaferreu <br />by Borrower without Lenders prior written consent, excluding (a) the creation of a hen or encumbrance subordinate in <br />rhos Deed of Trust. (b) the creation of a purchase morel, security interest fnr household appliances, ic) a transfer M ,tevnr <br />descent or by operation, of law upon the death of a joint tenant or id) the grant of any leasehold interest of three years or less <br />Lender may. at Lender's option, declare all the sums secured by this Deed of Trust r0 he <br />nt containing an options to purchase. <br />o <br />Immediately due and payable. Lender shall have waived such option to accelerate if, prior In the sale or transfer, tender <br />and the persmt to whom the property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satmec1 cry to Lender sod that the interest payable on the sums secured by this Deed of Trust shall be at such rate as <br />Lender shall rr,poest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />in raterest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations under this Deed of Trust and the Note. <br />If Lender exercises such option 10 accel.nte. Lender shall mad Borrower notice of acceleration in accordance with <br />par *, graph 14 hereof. Such notice shall provide a period of not less than JO days from the daft the notice is mailed within <br />(ails sums to the expiration of such period. <br />which Borrower may pay the sums declared due. f Borrower to pay such prior <br />by ig hereof. <br />Lender may, wmhoun further notice or demand on Borrower, invoke any rcmedies permitted paragraph <br />NotaUNir(MM COVENANTS Borrower and Lender further covenant and agree as follows: <br />10. Acceleration Remrdles. Except an provided in poragraplt 17 hereof, ratio" lorrowerx breach of say covenant or <br />M Ibi iyeed of Trust, inclndlag she covenants to pay when due a"y manes secured by this Deed <br />agreeusewl tit Borrower <br />of Tows. lender Flier to oerekratien shall MA notice to Borrower an provided In paragraph 14 hereof specifying: (1) the <br />bresrh; 421 the sellsn required to crave such breack; (3) a (fate, not less Ikm 30 days from the doh the notice is "led to <br />Borower, by wbkk sarh breach must be coed; sod (4) " fauove to crave *sell breech oe at before the deft Mmeiged <br />M the naNce nay reast M acceleration of on arras stew" by this Dead of Trust and ash of Ike Property, The notice <br />I"Aher introvert Borrower of the VW to reirwWlt Offer arcekrafMa and flit rlgM la bring a coot action to a rl <br />a" <br />Ike we"Ide ece of • dsfoab or say Aker deleast of Borrower to acoelerslon mW axle. If the breach k not cured <br />before the dolt ep"M ed In the "Ike, Lender of Leader'q etisiow may declare a6 Of the sums secured by this Deed <br />e" oe <br />Of 7strm la k innraedirotelp /we and poyobk wilboul faMbse demshd road may Mvoit the power o' sale Bad try Other remedies <br />permitted by applic bk law. tender shall be eaMMd to collect ON r1 6 t [Oats and expenses ho ns M prarusiat the <br />aesedko pro, Wild M Ibis paragtapb 16. iachdirs. but aA hhwhMed to reaaawsMe snorwey's fees. <br />If she Of oak Is Mvsbed. IT value tlnB teed • wNke of defwN la tack rsrnly M wbicb Ike rrsperty or asst <br />pswK <br />pact Asnrtesf k Mcrokd and *-N in" esplwat silt made M Ibe wroawer proacrred by atipfkroik Mw Ie Born <br />Me <br />elber pw o n profs If" by applicable low. After Mir lopes of arc% tfine w may be rgrdeed by oppil e Trrrasfee shot <br />love -dbik aaNre Of oak N Ib, person, and M Moe mmmrr prewribed by applicable Mw. Trustee, without demand on <br />sale ef. nbou np Mot respeA , A prMk austlon he she , let bidder A the time and place and under are term it Igwmed <br />IN are nAke of o+lk la Bone Bor share sad la web order s Trustee any determine. Trustee may postpone srok Of all <br />or say prcN Of are propector by j awwBoroneammrt r 'he Mane tarod platy M lay prevhsraely ocbadrolad ink. Lender or <br />Lswds's 0 I rwe wiry prrelssa Ibe TespeAy at my ask. <br />tlrsa eseeipt of paymsd of Ma prim 61C TeraMaa atoll deBver to The pwebser Trustee's deed conveying the property <br />oald. TM eatuaM M ebtr Teas ee's dsad absR be prison feek rv(iewce of the hWk of the stalewseats made thereto. Trustee <br />shag apply Mor of an ask it on titbwing Borden (s) N au rewsnabk cams and expenses of she ink. lociradirrg. but <br />aef Rmuod Irog Trw iws few of was wore *an % of On grin oak price. team attemy's fees sad cum of <br />Mlle erliawee; N) N ant Bralwa asewrad b MtY Deed Boi TtIM; rows he) tie eacwa M awl,, is Ibe peraoa sr prewar legally "*I" <br />11. ilMrosvKo pt(BM M fletamate. NotwitMtatodahg Lender's accekrauon of ,lies sums senrred by this Deed nl Trust. <br />Borrower sholl have the right to have any proceedings begun by Lender in enforce this Deed of Trost discontinued ■t <br />15— <br />any lane prior to she **tiger to occur of li) the filM day before the sale of the Property pursuant to the power of salt contained <br />m Ibis Deed of Trust or (ri)emry of a judgment enforcing this Decd of Trust if: (al Borrower pays Lender all sums which would <br />be then dtse under ibis Dared of Truss, the Note and noses securing Future Advances, if any, had no acceleration occurred: <br />(III owtowar curve all borsch o Of any other coveowds of agreements of Borrower contained in this Deed of Trutt <br />-' <br />10 Borrower jays all re&M)lW she taptrats i WMIJI by Lender and 'Trustee in enforcing the covenants and agreements of <br />Borrower contained in rhos Deed of Trust and in enfinemg Lender's and Trustee s remedies at provided in paragraph IN <br />hereof, inc ludmg. hot nos limned In. nasonabk .tiorneyb fees. and (d) Borrower rake, suet+ action as Lender may train —at'l, <br />Zhu the lien of rhos D ewd of Trost. Lender's mtereu in the Prorxrr. and Bor•.ower'i fobbbJIM.O. In nay <br />nquirr to assure <br />