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85- 001113 <br />e. ('andemnatioo. Ihr prf,,ccJ. ul an% .,card or rla:m till darn:p:r% d,rc,I „r o .f nncuion wrlh anv <br />_ondcnmarion or other taking of the Puot. :ri), or pan thereof. ass for rnnveyancc n, lieu of condemnation, are hereby a»Igned <br />and shall to paid to I ender <br />In the event of a total taking of the Property, the procced. %hall Iv : pp6cd o• Ihr %urn% %.-.aired by this Ocod of T rust <br />with the excess, if any, paid to Burrower In The event of a partial taintg .•f Ibe I'rooerty, untc%s Borrower and lender <br />otherwise agree In writing, there shall tie applied to the sums secured by this I serif tit l rum .itch proportion of the proceeds <br />am n equal to that proportion which the amount of the sums .ecured by Ihr% 1)(C-1 of I rum rnuned,atel) prior to the date of <br />taking heart In IM fair market value of the Property Immedta,ely proof It, the dale of taking, with the balance r,f the prnceed% <br />Paid to Borrower _ <br />1f Ili: t'•. p,•rty • , IvtnJoncd by It -Im—r, rat It atict 11"14C by 1 4.11,141 u, Il,vmwr, rhet Ili, , nn,lcuonrrf offer, lit milk.- <br />.tar sward ,n .clllc a %Lion In. dan,auc, llmrovicf falls In rc%jenul In 1 coda w ih,rt tti Jev, suer, Ifrc dale %ush nttt0.e n <br />marled. Lender is authorized t„ collect and apply the proceeds, at Lender's option, ether to restoration or repair of the <br />Properly or to the sums secured by this feed of Trust. <br />Unless (.ender and Borrower otherwise agree to writing any such application of proceeds to principal shall not cvtend <br />or postpone the due date of the monthly installments referred to In paragraph% I and 2 hereof or change the amount of <br />tuck taslallments. <br />10. [Knower Not Released. E%ien%lon of the lime lot payment or niodffication of amortfzsbott of the sums secured <br />by this Decd of Trusl granted by I ender to any successor in interest of Borrower %hall nest operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest. I ender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the ants <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. Farbtaranee by Lender Not a Waiver. Any forbearance by Lender In exercising anv 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 />The procurement of insurance or the payment of taxes or other bens or charges by 1_ender shall not be a waiver of Lender's <br />right to accelerrte the maturity of the rndehledness %ecored by Ihi% Ihed of Trust <br />12. Remedies CameK(Ive. All remedies provided in this feed of 'Trust are dfstmt t anti cumulative to any other right <br />or remedy under this feed of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />successively <br />13. Sureeirstim and Assigro Bound; Joint and Several Liability; Ctgnion%. The covenants and agreements herein <br />contained shall hind, and the rights hereunder .hall inure to, the re%pective %otcessors and assigns rat lender and Borrower <br />subject to the provisions of paragraph I7 hereof All covenants and agreements of Borrower %hall he joint and %"ersl <br />the captions and headings of she paragraphs of inn Deed of Trust arc for convenience only and are not rat he used to <br />interpret or define the provisions hereof <br />11. Notice. Except for any notice required under applicable law to be given in another manner. (a) any n(lure to <br />Borrower provided for in this teed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to I ender as provided herein. and <br />/b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein at to <br />such otAdr 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 to the manner designated herein <br />15. VOUOrm geed of TnN; Governing Law; SevtrobBooy. Ihfs form of deed of Trost combines uniform covenant% for <br />natiwut use and non•wlifarm► covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real properly, Tea Deed of Trust shall he governed by the law of the jurisdiction tit which the Property is tncsred <br />In the even" that any provision or clause of this Deed of Trust or the Note conflicts wish applicable low. such connu:l shall <br />not onto other provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision. <br />and to this end the provision of the Deed of Trust and the Note are declared In he seveta!ge. <br />lf. Bowater'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 aflei recordation hereof <br />17. Tnrafer of IAe ►ttelersy; Asumpden. It all or any part of the Property or an interest therein is sold or transferred <br />by Borower without Lender s proof written consent, excluding (a 1 the creation of a lien or encumbrance subordenare to <br />ohs% Deed of Trust, (h) the creation of a purchase money security interest for hnuschold appliances, lei a transfer h) doe i <br />descent or by operations of law upon the death of a fume tenant or td) the grant of any leasehold Interest of three )can or less <br />not containing sit option to ptacMse, Lender may, at Leader3 option, declare all the woos secured by this teed of Tnnt to he <br />ilvtmcdiady die amt payable. lender shall have waived such oPhon to accelerate if, proof n, the sale ass transfer, 1 ender <br />and the person to whom the Proterly is to he sold or tram erred reach agreement to writing IMI the credit of such tenon <br />is a"isleetory to Lender and that the interest payable too IM sums secured by this Deed of Trust shall be aI such rate as <br />Lender shall rrquoest. If Lender tin waived the option to accelerate provided in this paragraph 17, and if Borrowers successor <br />in rrnferesr has executed a wrinen suumption agreement eceepled in writing by Lender. Lender shall release Borrower front <br />all oMigalmns under this Decd n( Trust and the Note <br />If Lender exetrist such option to accelerate. lender shall mad Borower notice of acceleration to accordance with <br />pare6nph fI hereof. Such rmhct shall pronde a period of not less than lt) days from the date the notice is mailed within <br />which Borrower may pay the sums declared dire. If Borower fails 10 pay such sutras prior to the expiration of such period. <br />Leader stay, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1g hatof <br />N(W- Ufrl ►tfeN COVENANTS Borrower and lender further covenant and agree as follows <br />19. Attekrotion; Raw sou". Eaeep a PnvMW to 4Mragraork 17 Attest, upon Borrower's breatcb of say coverall w <br />ogss MMI of Borrower in tile lend of 7'wnt, faeloding Ike covenants to pay wkew let any awns atcurd by "Ali Dttd <br />of Trust. IRnoltr prior to acceleration than etaB mslke rw Borrower as provided in or date b to hstror fed lgtsut f11 the Mph brtacbs 421 Ike senors ft46ked to care such breach; 43) a dale, not kit than JA days from the dale the Rslke is ensued to <br />1p1e t"We relay adir IO *CcccentMR OfcIM Sums secured by took I/eed of Trust and ask or A fou, prWrl does The �irakt <br />s1aB lmether inlmen Borrower rat the right K n1mlNt Offer sceeersllort sod the film to YreM a covet actlNS to "sell <br />Mir raw.aakgawte of a dNe rtl M my other defense of Borrower ra Orret"nalkR awd aae. If the breach N not emitted <br />oat ve b"act IM dNt 4P"14ed in Ike notice. Lender at [gender'% opus" may dectae not *I the sums secured by fhb feed <br />sf Them K be uRnwdiNtly data and payabe without furtker dt*NW and may lavoks the power o' sale and any @lime remedes <br />P "MW*d y pPNlable law. Lewder shaft be emltlkd N coNtet sN ra"oneW costs and emprnxa often In tin P%1rslting the <br />nsReIt PrasMtd in flora PtraB►Nh lg, Me1miNRg, bat oral Nettled to. resommak Onsttnay's It". <br />1f Mt wrr of oak is knvoktd, Tree" *0 Valued ■ wallet of defeuk M each county If, which the proprly of some <br />gent rberesf a Ixaad and *0 .On ..gala N salt .0. M glee r pnscrBrd by abk low to Borrower aged to the <br />shat► Ptolm PtM dkd h applicable how. After IM Iqw of web tear! M may be i=y applicable law. Trustee sleep <br />gee , stink weNrt of w1a N pee Persons and M pis mmfwf Pleveribed by sppNt law. Tnmtt, fxmwm demand on <br />MKrrowtr. pall stn the propmtrly N pow aeet(am h Me highest bidder of the thRe and piece and wader tke lermu dellgnNerl <br />In Ma 1►alkt of %ofe In Oma Of safe pretk aed M Such order " Trustee may determine. Trustee may /atPons ale of NI <br />Of any Pwctl of pit Fr*Wy by pom ammataveewxM of 1Ae time sod Platt N an v old ode. somor or or <br />Lemht7s�s on%*" may pr'('MRt Na PnPer(y Nary wk. y pR hwNI scAed <br />tab1. 'fM Package et*# of P*100* Of the Price Mal T diver to Ike Purchaser Trustee's deed conveying the property <br />pima reek evidence of tit* truth of the stNemtRts enNe therein, Trust" <br />aMB aPPly Mt etas of the ale In of taftow p Orden lab 10 an f000nebk cows and expenses of the ask, including, but <br />sal Betootd to, TV o 's hata of ON mNe (MIS % of the grew ask price, rewnabit Npormty's fees end toll, or <br />took OVNM#; 1111111110 aN suss sewed by this Deed of Truest end 4cl Ike excess, N ray, to the person or Pit kgsooy ewltlied <br />1Is 0 <br />11. Bettrawts'a R*M K RAW*k. Nolwuhatanding Lender's acceleration of the turns secured by this Deed of trust <br />Borrower thsll have the right to have any pruceedin s begun by Lender to enforce this Iked of 'fruit discontinued at <br />any Irene pion to the earlier to Occur of (11 the fifth day brows IM sale of the Prnterty pumenl to IM power of tale contained <br />to this Died of Trim or pd entry of a jttd meal enforcing this Died of Trull If UI Borower pay% 1 ender all sums which would <br />be then due under Ibis Deed rat Trust, the Note and notes sscutsr,g f=uture Advances, if any, had no acceleration occurred. <br />lei Borowtr ease all breaches of any olfttr covenants or agreemenN of Borrower contained In this Deed of Trust, <br />fcl Borrower pays a71 real Ist espenxs ilRwrvd by !.ender sod Trustee in enforcing the covenants and agreements of <br />jim" tr contained in Ihi1 17"d of Truss end on enforcing Lender's and "Trustee 1 remedtel et provided on paragraph in <br />hereof, iadndfng, t.ul non limited ter. reasonable .11oroey's feet slid fall Borrower taker such a, oon its I ender filmy reasonably <br />regertfe to assure that the ben of this [bed of trust, Lender's interest tit the Properly and flonuwef'1 nbtiamticnt Iu pay <br />trl (i <br />