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86101487
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86101487
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Last modified
10/18/2011 8:39:12 AM
Creation date
3/31/2008 2:12:50 PM
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DEEDS
Inst Number
86101487
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8 . 101487 <br />by this Deed of Trust. Unless Borrower and Lender agree to other terms of <br />i payment, such ammmits shall be payable upon notice from Lender to Borrower <br />requesting payment thereof, and shall bear interest from the date of <br />disbursement at the rate of SEVER11IN PERCENT (17.00%), unless payment of <br />interest at such rate would be contrary to applicable law, in which exw t <br />such amm is shall bear interest at the highest rate permissible under <br />applicable law. Nothing contained in this Paragraph 7 shall require Lender <br />to incur any expense or take any action hereunder. <br />8. INSPECTION. Lender may make or cause to be made reasonable <br />entries upon an inspections of the Property, provided that lender shall <br />give Borrower notice prior to any such inspection specifying reasonable <br />cause therefore related to Lender's interest in the Property. <br />9. OCbZDFMMTION. All moneys and awards payable as damages and /or <br />compensation tor the t-aldng of title to or possession of, or for damage to, <br />or on account of change of grade affecting, any portion of the property <br />subject to this Deed of Trust by reason of any condemnation, eminent <br />domain, change of grade, or other proceeding shall, at the option of the <br />Beneficiary, be paid to the Lender, and such moneys and awards are hereby <br />assigned to Lender, and judgment therefor shall be entered in favor of <br />Lender, and when paid shall be used at its option toward the payment of any <br />indebtedness, taxes, assessments, repairs or other items for the payment of <br />which this Deed of Trust is given as security, whether the same be then due <br />or not and in such order or manner as Lender may determine, and any amount <br />not so used shall be released by the Beneficiary to the Trustor. Such <br />application or release shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done pursuant to such notice. <br />If the Property is abandoned by Borrower, or if, after notice by <br />Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages, Borrower fails to respond to Lender within thirty (30) <br />days after the date such notice is mailed, Lender is authorized to collect <br />and apply the proceeds, ar lender's option, either to restoration or repair <br />of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such <br />application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in Paragraphs 1 and 2 hereof <br />or change the amount of such installments. <br />10. BORROWER NOT RELEASED. Extension of the time for payment or <br />modification of amortization ot the sums secured In, this Deed of Trust <br />granted by Lender to any successor in interest of Borrower shall not <br />operate to release, in any manner, the liability of the original Borrower <br />and Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Deed <br />of Trust by reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. FORBEARANCE BY 1124) ER NOT A WAIVER. Any forbearance by Lender in <br />exercising any right or re re er, or otherwise afforded by <br />applicable law, shall not be a waiver of or preclude the exercise of any <br />such right or remedy. The procurement of insurance or the payment of taxes <br />or other liens or charges by Lender shall not be a waiver of Lender's right <br />to accelerate the maturity of the indebtedness secured by this Deed of <br />Trust. <br />12. REMEDIES CIMIIATIVE. All remedies provided in this Deed of Trust <br />are distinct and ative to any other right or remedv under this Deed of <br />Trust or afforded by law or equity, and may be exercised concurrently, <br />independently or successively. <br />13. SUCZESSORS AM) ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY <br />CAPTIONS. covenants a agreements herein contain s 21 bind, a <br />the righ is hereunder shall inure to, the respective successors and assigns <br />of Lender and Borrower, subject to the provisions of Paragraph 17 hereof. <br />All covenants and agreements of Borrower shall be joint and several.. 7b, <br />
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