|
'r
<br />or
<br />85-- 103397
<br />4'tirrdemnaiMa. *Ibr prgtec It of ens a- +ard or tla:m tar• damages doci.1 .•I •. n tr.nnutnin with am
<br />nnation or other taking a1 the Proj._ny. or part thtreof, or live tonseyartte to Ilea of uondeennalion, ate hereby assigned
<br />all be paid to lender
<br />s the evtnf of a tout taking of the Property, the proceeds shall Ise .pplerd tit the snit %ectued h) this I)ecd o t l rust
<br />Ile excess, it sny, paid In Borrower In the event of a partial taking tit the 1'topusy, unless Borrower and lender
<br />rase agree in writing, there shall be applied us the turns secured by Ifni [serel ul -f not such proportion of the proceeds
<br />qual to that proportion which the amount of the stems acured by this fired of l rum nmmedt eel) prior to the date of
<br />hear in the fair market value of the Property immediately prior to the darr of taking, with the balance of the proceed.
<br />o-- Sormwer
<br />I Ih :S:o- rpr'gs .. :a•an,h,ned by It.•u.•t..•r,. of el. after n.oite by I.rmk�r Ito Il.vcone, ih.a 11w . ..... lonotm .i(fer. It, make
<br />4141 tit trifle a tlaun foe daenatts•.. ILa rowel .Luis b, n•sp,nul h, Lcnde•r w dhm 141 days Jftct the dale such ounce r,
<br />1. Lender is authmered to collect and apply the proceeds. at Lender.', either to restoration or repair of the
<br />riy;orto the sums secured by this feed of Trust.
<br />)mess lender and Borrower otherwise agree in writing any such application of proceeds to principal shall not estend
<br />apnne the due date of the monthly installments referred in in paragraphs I and 3 hereof or change the amount of
<br />1R 'Harrower Not Released. Exlermon of the time (of payment or modification of amnrtiratron of the sums secured
<br />by this Deed of Trust panted by t ender to any successor in interest of Borrower .hall 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 against such successor or refuse to extend time (or payment of otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's succcssors in interest
<br />11. rerfstarence by Lender Not a Wafter. Any forbearance by Lender in exercising any tight or remedy hereunder. or
<br />otherwise afforded by applicable Ise- shall not he a waiver of or preclude the exercise of any such right or remedy
<br />The procurement of insurance or the payment of taxes or other hens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this feed of Tru=.,
<br />It Remedies t'rmiliotlre. All remedies provided in ibis feed 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 />successivel yy
<br />13. Srceessors and Assigns Bound; Joint and Several lJoli lily: Captions. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure to, the respective stttressors 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 />theesptions..and headings, of the paragraphs of ims Deed of Trost are for convenience only and are not to be used to
<br />interpret or Jefine the provisions herect
<br />N. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notitc 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 />lb) any notice to Lender shall he given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such othee addicts as fender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Tent shall be deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />15. Uniform Deed of Trust. Gorermiog Law; Severna Ihy. This form of deed of trust combines uniform covenants for
<br />nat fowl.ttseLand.non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />eoirjriftee real property. This Deed of Trust shall he ' governed by the law of the jurisdiction in which the Property is located
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not &Race other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />115. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution nr after recordation hereof.
<br />17. Trendier of Ike Property: Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />Ivy Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate in
<br />this Deed of Trust, (it) the creation of a purchase money security interest for household appliances. (c) a transfer h) tIcvi%c
<br />descent or by operation of law upon the death of a joint tenant or 1 d) the grant of any leasehold interest of three )ears nr less
<br />nor containing an option to purchase. Lender may, at Lenders option, declare all the sums secured by this Deed of Trust to he
<br />immediately doe and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, lender
<br />and the person to whom Jthc Property is to be solder transferred reach agreement in writing that the credit of such person
<br />is satidectory to Lender and that the interest payable on the sums secured by this feed of Trust shall be at such rate as
<br />Leader dull rrquest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successot
<br />in interest 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 to accelerate. Lender shall mail Borrower nonce of acceleration in accordance with
<br />pat e mph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay The sums declared date. If Borrower faih 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 tg hereof.
<br />NOM- UNlroom CovrmAreT3 Borrower and Lender further covenant and agree as follows:
<br />la. Acceleration; Remedies. Except m Provided In prograph 17 hereof, upon Borrower's breach of any covenant or
<br />agseement of Borrower in this eked of Trnst, inclydMtg the covenants to pay when doe any sums secured by thk bleed
<br />of Trost. Lender Prior to accrkralion shall ma6 r lke to Borrower as Provided In paragraph Id hereof specBylntg. (11 the
<br />breach: (21 eke ocilose required to cure seek breach; f3) a date, not ow them 30 days from the date the notice is mWkd to
<br />Belrrower, by which such breath most be curd; ard (4) Ohio taflrre to cure sock breech on or before the doe specified
<br />In the Police soy ►cork In acceleration of the Items utwrtd by Ihk teed of Truer end sale of the Property. The notice
<br />shag further inform Borrower of the right N reInatale offer acceleratlon and the right to Mug a court We" to WWI,
<br />IOW m w.aaiaence of a defauk at say Mbar defense of Borrower to accerierolier and sale. If the breach is not erred
<br />em M before thir dNetlpeMd:lit the malke..Laider N Lender's cipher may declare all of Ike sums sectored by Thk Deed
<br />of Trial h badmeedlMely Am and payable wiml, father demand and may invoke the power o: ink rod any ether remedies
<br />pearhied by aPPMeabk flew:. Lender"be - tMliled Ito c t all renewable costa and expenses incurred IN Pursuing the
<br />mm" pro%kled in the Pare - fol 16, a tim ill but till Bshd to. rtuon&k aworoty's fen.
<br />H Ihn of.sak k invoked. Trustee AM rates d a marks, of detach In each ewety In which the Property or some
<br />pct / ew" Neakd and "mah topke o1 web wHkt M Or mcramer pnacriord by aPPtksbk law to brrower and to the
<br />other re we proscribed by applicable Mw: After the tape* at much lime as may be eree��out by applicable law, Trrteee shalt
<br />Rhte.'s ft sods of ask is Ibe pension mss Is lla- mono PrescrNN by aPPlkabk law. Trustee, v.Ills It demand on
<br />Botrawtr. ahaN an tae Property -0 puns mwftn ft of bptrnf bMder of the t me and place and under the terns designated
<br />M *a woke of ask, In owe or woIte and in suck order a Trustee may determine. Trwlee may Postpone ask of all
<br />or my prcal ot,Nte -!y b Nwfe a�wwmereweal of fba tine and peace N ewy 1Ne, IMWY sebdded oak. Ltmder «
<br />laewdsr'o 4kalpte way gwIteMaa Obi Property N my role.
<br />(mew nacelles of implanted of the peke Md. Tennant shah deliver N the purchaser Truatee's deed conveying the Property
<br />sejM. �M nthals Willow TItweatPs did diM be, prime file evNesee of the uwh of the alotermenk male to treM. Troslee
<br />dbmM self Ike, me all ow sae is Me 6 0asrlaB Ndaet (U N IN raeamabln CWI and expenses of The ask, Including. but
<br />oaf thnhd M. Trttslstls fan of tell man thou ill, of tbt goon oak Peet. reasonable altommey's etas end cents of
<br />Ihls 1feldsaerr,fM N aB.nats aletad by Rob Dead of Trash and fill at ettua. N my. io Me ernnom er person legality ttrthkd
<br />.:`lhalal6.
<br />tg Bareossae4
<br />Slight M Williams. Nenwilhatandirg Lenders acceleration of the sums secured by this Deed a( Trent.
<br />Borrower aeon have Ike night to have any Pit —," Lender to enforce this Deed of Tnnt discontintied at
<br />any linty prier so Ike mother to occur of (s) the fifth before the sale of the Property pursuant to the power of safe contained
<br />in this Deed of Trust or fu) emery of a judgment enforcing This Deed of Trent if: (a) Borrower pays Lender all sums which would
<br />be Ihim ilia trader this Deed of Terse, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />IbJ:Bar4saar errsIt all Maacha of any other covenatms or agreements of Borrower contained in this Deed of Trent:
<br />(e) Borrower pays AN rilawrwble npardes i4 tuned by Lender and Tnwtec in enforcing the covenants and agreements of
<br />Borrower contained in this tied of Trust and in tnfnrcing Lender's and 'T'rwlee's remedies as provided in paragraph Ig
<br />hereof, including, but not limited to. reasonable attorney's fees: and W) Borrower uket such aclion as lender may reasonably
<br />require to asure that the lien of this Deed' of Trust, Lender's interest in the Property and Borrower's obligation to pay
<br />V[•6
<br />O
<br />
|