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86-00' 101907 <br />:..� 4. ('0odtmnelkn- The pr(„CC Is rife any .,ward yr cla411s f.l, dams c+ direct m o1r1w( iennal, if ,r,nnc,tion with any <br />,ondemnauon or other taking of the Prop any, or part therent, ..r fur conveyance m lieu of condemnation, are hereby assigned <br />and shall he paid to Lender. <br />In the event of a total taken of the Property, the proceed, shall he pplied To the sums secured by this Deed of 1 rust. <br />wnb the excess. If any, paid In Borrower. aIn the event of a patt.at takmg of the Property, Borrower <br />unless and Lender <br />otherwise ague in witting, there shall he applied to the sums secured by this f)eed of Trstsl %uc'h proportion of the proceeds <br />as n equal to that proponton which the imount of the sums secured h} this D� cd of Trust immed,alely prior to the date or <br />taking bears to the fair market value of the Property immediately prior In the date of taking, with the balance of the proceeds <br />Paid Io Borrower <br />It eh•. ^'.-pens • ;:han,lated by Itio, r ........ ..r If. .,feet muite by I t'n. h'1 1.. B,nfowe, Ihm 11M . im 1011111"1 offer, 1,. mnkr <br />an awarJ .n %estk a'Llm, lot J :nnalls -. Barruwcr tadx a, rc %fsi t I T:• t ender --that feu Jays ahcr the date such uotrce , <br />mailed. Lender is authorized to 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 feed of Treat. <br />Unless Lender and Borrower o►herwne agree in writing. any such application of proceeds to principal shall not extend <br />or pos(pone the due date of the monthly installments referred to In paragraphs I and 2 hereof or change the amount of <br />such Im(allmenls. <br />IS. Mower Not Released. Exlenston of the time for payment or modification of amortization of the sums securrd <br />by this Deed of Trust granted by 1 ender to any successor In mterest of Borrower shall not operate to release, in any manner. <br />the lability of the original Borrower and Borrower's successors in Interest. tender shall riot be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the ums <br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest <br />11. Forbeaar.nce by lAmkr Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy <br />'rhe <br />procurement of insurance rte the payment of saxes or nester hem or charges by Lender shall not be a waiver of Lender's <br />right to oeceleratt the maturity of the indebtedness secured by this feed of Trust <br />12. R- medles Cumulative. All remedies provided in this Decd of Trust are distinct and cumulative to any other right <br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, Independently or <br />successively <br />13. Seectason and Ataigtsa Bonni; Julius and Several Liability; Caprlom.' The covenant and agreements herein <br />contained shall hind, and the rights hereunder shall inure tit. 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 be joint and several <br />Me captions and headings of the paragraphs of Inn Deed of Trust are for convenience only and are not to be used to <br />Inerpert or Jefine the provisions hereof <br />Id. Notke. Except for any notice required under applicable law to be given In another manner. (a) any notice to <br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Properly Address or at such other address as Borrower may designate by notice to lender as provided herein, and <br />(h) any mace to Lender shall be given by certified mail, return receipt requested, to Lenders address stated herein or to <br />such other 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 />IS. Uniform Deed of Trost; Governing t.aw; Seversbilfy. T his form of deed of trust combines uniform covenants roe <br />national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security tnstrumeni <br />- <br />covering rest properly This Decd of Trust shall he governed by the low of the jurisdiction In which the Property I% located <br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable Low. such conflict shall <br />not affect other Provisions of this Deed of Trust or the Note which can he given effect without the conflicting proymon, <br />and to this cud the provisions of the D7rrd of Trust and the Note are declared to be severable. <br />Iii. Borrower's Co". Borrower shall be furrinbeed a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or after recordation hereof <br />IT. Treader of On Properly; Auwnp*m. If all or any part of the Property or an interest therein is sold or framfertcst <br />fly Borrower without Lender's prior written consent, excluding (al The creation of a lien or encumbrance subordinate To <br />this Deed of Trust. (h) the creation of a purchase money security Interest for household appliances• fc) a tran%tcr h) ,Ic -Isc. <br />descent or by operation of law upon the death of a joint tenant or Id) The grant of any leasehold intcreu of three )ears or Ins <br />not contatmng an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Coed of Trust to he <br />mmedulNy due and payable Lender shall have waived such ope,ore to accelerate if, prior to the sale or Iramfer. I ender <br />and the person to whom the Property is to be sold or Iranaferred reach agreement <br />m writing that the credit of such person <br />is satisfactory to Lender and that the Interest payable on the sums secured by this Deed of Trust shall he al such <br />rate as <br />1_ettder shall rc,juesl. It Lender has waived the option to accelerate provided to this paragraph 17, and if Borrower's successor <br />in interest has executed a written awumplion agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations under this Deed of Trust and the Note <br />It Lender exercises such option to accel -rate. t ender shall marl Borrower notice of acceleration in accordance with <br />par" l&ph 14 hereof Such notice shall provide a parrot! of not less than 30 days from the date the notice Is mailed within <br />whlc!t Borrower may y the sums declared dire If Borrower faits to pay such sums prior to the expiration <br />Crther <br />Lender may, without of such period. <br />notice or demand on Borrower. Invoke any remedies permitted by paragraph Ill hereof. <br />Nnre•l;, TrlsaM t (evletAMtS Borrower and Lender further covenant and agree as follows: <br />lui. Accereroion; Remedies. Btcrpl as provided in paragraph 17 haeol, tlpoo Borrower'$ breach of any covenant <br />or <br />aaf"m"" of Borrower to this feed of Trost. including the covenants to pay when due any sums secured by Ike Deed <br />due Ale <br />of Treat. I,eoAet prior to nectkrNian %half ma realist to Borrower as provided is <br />pi" f4 Acres( specYyltt: (1) for <br />berork S21 the arI1M ngalred la ern sticR bleach f31 a date, nN it" Ili" 3B days from tit* date she notice Is <br />malted to <br />Borrower. by which %w k breach tarot be rated; ant 14) MN failwe to cure such breach ON use before the doe specified <br />M the astice may result in aecektNikm of the items secured by this Deed d Treat and sole oaf the Ptepbe The <br />aotke <br />ahse farsber intorm Borrower of the 'Uhl 'a eteheswat filer dceekrallaa Ned the right to being a cotter airless to areas <br />Ike non tXIdes" ct K • defatlN or any Naar skshaoe of Borrower ►a wtekrstios <br />*Rd ask. If Ike broach Y not cured <br />00 or Wear Ike INe epecW" In rise noMce, Leader at Lender's oPliao elegy declare aN 0f tie t%rne$ secured by Ibis Deed <br />of Toast N be immedbstly due and poysbir wiflNN fassher derwand <br />end <br />and may intake the power a' Bak and any other remedies <br />/erweMlad by aMfkobia law. Ball k 02$1" N tolim alf reonseemMe cools <br />od experem Incurred M pnnaing fkt <br />temodbe pro%MW is Mb 1 -is- Is, Iwcladflq, law wit *"ad l0, eeaa0resble •Money's fees. <br />If Me /sewer N ask Y Invoked. Transfer daM neeed a walk- all defooN in seek eowwy is winch she Property of Base <br />Mel the stet is I - a p a" doe moY ellow so In <br />auai nosier lbe Ineaser pounced by applicable low to Mrnwer and to Ike <br />nthef pertluss pnurlbed N +Pldkable hut. After the lapse or Inch lie as may be re need by <br />Nplfc•Nk law, Tres tsbfllf <br />RWr -NMc wNke of sale N she p0eaosa god M the assume pro%cribrd by aprik..WR hut. Trtlatee, wifMNtt demand on <br />Borrower, abaM salt qK Puspoely N pabMe daellaw w the bigknl bidder N lb- time 0M pMer a" coder <br />eke terms designated <br />lea ilea Balk, 0f e0ie In Owe w MOR�teebn dad In ouch odes as Tnrkt may Ike - anise. Ttwtee may glsgtporns YI! e< aN <br />K else Pespewy l7 ps sawowwa*mewl as Ibe tit" fled <br />sleLes ie <br />i�el <br />phee id any Preei"WY scbe#WW wk. Lewder or <br />dal{see may pwdmw Ibr Plsrperty at say sale. <br />SIN Of Mymewt of Ibs Price bid. Trso Ob" d*Nvet t0 the psunhsaer TrtaNee's deed "Mety)sg tit p�tiy <br />soh rwk@k In the Teuoee'� dead shag bit PrInn lack erldeteee of Ilse bath of the <br />atN -wteflb arMe Morels. Trstote <br />%Mae apply One Fesa*0tN lu IA- sots h Iht ferawllrg ordotI lot to ON r- asasabh coos fluid tape"" of eke ak. fsArdIng, has <br />not MIw(bd Out rness-ei but of ruos 'Ili <br />tsa*t that of Me grow ask price. reasonable als0ewey's fees dead use, of <br />sere - OWdme; (b) h ant slaw seised by sib feed 00 Trost sod (e) Ma <br />Ibsstgs face, it ally, l0 rise per or or petlrar legdly eotl1led <br />�a <br />LIt. --to of lt%M 10 ktlalhk. NotwdMlandtng Lender'% acceleration tit the sums secured by this Deed of Trent <br />Mfrce. is shah battle the right (o have arty tere ceedings begun by Lender <br />to enforce the, bleed of 'runt liscontmued u <br />any Itrrle prior to she earlier to occur M (1) the fifth stay before the Bak of the Progeny punusnt to the power of %ok contained <br />.n din Deed of Trtlat or (u) entry of a judgement enforcing this eked of Trust it � l e) Borrower <br />pay% tender all sums which would <br />he then due under that Deed of Trust. the Note and noses Willing Future Advances, if Inv, had net acceleration occurred. <br />(bi Borrower cunt III br Melee of any tryhat covenams <br />t'rAi <br />or agrten nll of Burrower contest In 1Mr L)eei of Trent <br />rcr BMrMtr pay► atl n tspeisats ItRttlred by Lender and Trustee <br />T <br />to enfornnt the ctw*nonts and agrermen�s of <br />B0fro"r contained us this f of Trwl and to enfotcirlt ( ender! Trusee <br />and t rtmecites as provided m paragraph Ief <br />heerMH I"o"dine- hail nct ltmdrd to. remonabk ,uorney's tit%. amt (dl Morrnwet <br />I.kes l.qh 4i,i_n as I en,kt may rtaa•naktr <br />rtgtnrr In N%Ure flow The iten nr this read ail Trule L.em}tr. .mire%, .n Ike PrnpeMt and IT ....owrr .. nbb /alum feu par <br />V 1 f; <br />