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001519 <br />9. (bndtmnalto 0. the rt,. I1 ail ant .island or tla:m I,�� <br />F P J.onagc+ Jucti �,, ,�„�s�,lnrnnal n „•nnrc nun sloth in, <br />and shall he nor oilier taking of the Prop:rty, or pan thertnl, m tnr , nnveyance ,u lieu aI c, ndenmation, are hereby assigned <br />3 and shall be paid to 1 ender <br />@� In the event M a total laking of the Vinperiy, the proceed, shall br . pphed 1" ntr sums set '-red h <br />$t wish she excess• if any, paid to Borrower In the event of a partial take g ,d the P,o ` rro treed „1 trust <br />! piety, unlea Borrower and 1 enter <br />olherwne agree rot welling, there shall h spathe <{ to the rums secured by this I nerd ,d 1 nest such proportion of the proceeds <br />n is equal to that proportrnn which the amount Of the slims secured by ihry Deal of 1 10%1 rrumed,ately prior to the date of <br />paid to Borrower <br />the fair market value of the Properly immediately prior In the dale of lakmg. with the balance of the proceeds <br />If Ih: I`•, prny : 1• ;md, nerd by 11,n uu. rr, nor d (le, nitro by I cud, r b, Itounw„ ih.a tin . <br />an award nor smile .i tLum 1,,, d.truagc, Itnnuwci Luls b, rt•s nmd fu 1 , ndrr ..ibis, I0 1•, .s ^ndenmue %tiers hr motet <br />mailed. Lender is mulhorited I­ collect and apply the proceeds. at Lender % option. either stoarrestorati nalorsrepairt,of the <br />Property or to the sums secured by this Deed of Trust. <br />Unless Leader and Bmrrnwer otherwise agree in writing .iny such application of proceeds Ili principal shall It I estcn: <br />or porlpnne the due date of the monthly installments referred to in paragraphs I and ? hereof or change the aC. of <br />such instaHments- <br />It. Borrower Not Released, Exlenaon of the time for payment or modification of amovtitatt0 Of the sums secured <br />by this Deed of Trust granted by 1 ender to any successor on interest of Borrower shall not operate to rtleue. 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 />proceedings against such successor or refuse In extend time for payment or otherwise modify amortization of the sums <br />,tcaned by this Decd of Trust by reason cf any dtmrod'wale by the •`rig,.,a! Berm -er ,lid unrrnwer•y s, <br />lrrssnn in inures, <br />11. Forbearance by lender Nat R Walter. Any forbearance by Lender ,n exercising any right or remedy hereunder. or <br />Otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy <br />she 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 mdchtedness sectored by this Iked of 'trust <br />or remedyRunderlthi& rk-ed ofeT Trust ornafforded by lawnor ego equity, and are exe cited concurrently. independently right <br />successively <br />13. Succrosnrs and Assigns Bound; Joins and Several Llahllily; Captions, the covenants and agreements herein <br />contained shall hind, and the rights hereunder shall more to, the r- especttve successors and assigns of Lender and Borrower <br />subject to she provifoons of paragraph 17 hereof All covenants and agreements of Borrower shall he joint and several <br />she caplrom and headings of the paragraphs of tots Deed of trust are for convenience only and are not ti) he used to <br />interpret or define the provismtn hereof <br />11. Notice. 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 10 Borrower at <br />the property Address Or at such other address as Borrower may designate by notice In lender as provided herein, and <br />Ili) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address staled herein nor to <br />such othft address as Lender may designate by notice to Borrower as provided herein Any notice provided for in this <br />Deed of Truss shall be deemed to have been given to Borrower or Lender when given in the manner designated herein <br />19. Unlforrw Deed of Trusts; Cerrrnhg law; SerlrsbNNy. This form of deed of trust combines uniform covenants Inr <br />national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering reai ptoptrly. This Deed of Tout shall he governed by the law of the jurisdiction lit which the Property is located <br />In the CM' h-11 My provision or clause of this Deed of Trust or the Note conflicts with applicable law. such cannel shall <br />not affect other pprruaisimn of this Dted of Trust or the Note which can he given effect without the condIcong prnv ion. <br />and Im Ids esnf lhe'Pievor fibft Of•Ihe Deed of Trust and she Note are declared to be severable. <br />TIC 'termwtn''C*"— '*&Mower shall be furnished I conformed copy of the Note and of this Deed or fruit at the time <br />of execution or after recordation hereof <br />17. TnswRfer of Ike Prortaly; Assumption. If all or any part of the Properly Or an interest therein is sold or Iranderreu <br />fly Borrower without Lender s Prior written content. excluding 13 1 the creation of a lien Or encumbrance subordinate to <br />Ili,. Deed of Trust. (h► the creation lit a purchase money security interest for hnuschold ipph3nces. (c I a transfer by +'•cvtsc <br />descent Of by Ope /rtiOn of law upon the death o! s print femme err 1 if) the grant of any leasehold interest of three )ears or less <br />nee containing ran option to purchase. Lender may, at Lender's option, declare all she sums secured by this Deed c Tnisl to ax <br />Y payable. Lender shall have waived such o non so accelerate il, prior to the sale of transfer. 1 ender <br />and the pennon to whom the Property is Im be Bold or Iransferretl reach agreement ,n wnnng that the credit of such person <br />is salisfselruv to Lender end that she interest payable on she sums secured by this feed lit Trust shall he at such are as <br />Lender shall rcgrtest. It Lender has waived the option to accelerate provided in this paragraph 17• and d Borrower's successor <br />In Interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />Oil ohligasmns under this Decd r-( Trust and the Note. <br />If Lender exernses such option to accelerate. I ender shall mail Horrower notice of acceleration In accordance with <br />Mra faith 14 hereof. Such notice shell provide a }seeing of not less than 30 days from the date the notice is mailed within <br />whit Borrower may pay the sums declared due If Borrower fails to pay such sums prior to the expiration of such period• <br />Lender may. without usher notice or demand on Borrower, invoke any remedies permitted by paragraph IS hereof. <br />NrrN•UMIfmRH COVENANTS Borrower and Lender further covenant and agree me, follows. <br />111. Akceleraliume: Rraltdin. Except me provided In paragraph 17 hereof, rpon Norroweet breach of may covenant or <br />agTetin M o" Na vower iR this 1)"d of Tent, including the corenanb (a pay when time any sums securod by 1Ms Deed <br />of Truest, lemkr prior to acceleration dealt melt "alter to Borrower ar provided In r" rim mph Id hereto arecUylrit (1! the <br />breseh: (1) the aetMn required 10 core such breach; i31 a date, net lent Ihea JO days from the dare the Rofkr k mailed to <br />Narrower, by woke wvh breach muet be cured; and N► that tailgate to care Reach broach on or before the dale specified <br />M Ike malke may resoh In acceleroNea of the Junior secured by Rhh IkeA of Trop mM sate nl the Property. The notkt <br />&W fearTher inform Borrower of the rfgkt to relrntale after accekreDee and Ito elan to tong a court Property. a aepA if" Mr mm exiNener of s dNw11 or lay other dekRar of Nerrowrr fe orcekrarbR and sale. If the brace N not erred <br />off N Isaetr the dale RpttifiN In Ike estAke, lender at Lender's Op1ieR may declare ap of the sums secured by This Deed <br />col Trial he be 1mmWi"y the and payable wHheul forgiver demand and may Invoke the power o: tale and any artier remldleR <br />ptraillled by ppNrable law, Lewder shall be rmtitlrd N collect /B reemnsbk mats slid expenses Incurred M puro ping the <br />raastdks provided M 1Me Pwrograpk 18. InthefiRg bear wet limited to. remmmhh raoretY's (era. <br />If Net pewtr of "k In brevetted. Trans" shags receed a Retke of degree" in <br />each erseaRfy In woke the Property or some <br />Mai itself" he hired sod dwO mW errpka of wA Relke IN the maawrr preps rMed by appNtawe her he {erriewer and fe the <br />Itleas ,M� war ►Mae . h sbk Just. After The lapis of match time as luny be or *it" by gplkable law. TreaNet shell <br />Nwrowtr, mf co the I perssns sad la the Rhmme porwribed by opplk= law. Trustee, wfthem demand on <br />1R N1r suttee of seek M am ergs Raere pare la lmlim is ON grad etch highest <br />erder wMTe�sarter rs yldel rmlRe Trustee k der the transit desltwa►A <br />or any <br />parcel of Ilia PnprAy I - /nMwls�easeal at INr time sod place of nor Y I�Ipenr see of sll <br />(� any ►urckdom Nre Preprrly al say sate. y p^rl�> seArdeNd Ise. Lender or <br />seN 7M ree In,My,f�q r � � be fat a" ck /rllrer le TM prrekwr Tn/see'R dyed conveying the Property <br />MaN @Wy N1r pprreeecee� sl Me auk b Mt tope« prlsws fuck rvldrRee of tkt TrMh sf lee Ilaltwwwb made therein. Tried" <br />"IN tetOf 1% Inwooge'a flee e1 ass stteee Ilha lag srda►r sal Ie ell roRraRObk cops affil expenses of the We, Including, but <br />Nate esMaeer, IN N tY) ellRha efe>tfmd i6 0" IM grog ate pike,, ►rwnew attorney@ fm and ca" of <br />Ntarala by 1hM Deal d trtMt tot/ let IM excess, M Rey, to IM perosw or <br />/erssRr Illegally ewININ <br />F!. SW"W O Rigid h RthMSk. Notwithstanding Lender's acceleratin nl the forms secured by this Deed of fruit <br />Narrower shell Prove the tight 10 have any proceedings begun by Lender to enfmce this Eked or frost dirconnnned at <br />any Iran pfKw to the earlier Io occur of 401 the fifth day betoro the sate or the property pursuant tot the power of sale tomained <br />mlhk Oard of Tnnt or pit am d a peed malt enforcing this Deed of Trutt tf sal Bat rower pays Lender all sums which would <br />be than due trader 4h it feed 17 trop, I Note and noses Worrng Future Advances, if any, had no acceleration occurred. <br />(b) Borrower (xrref aH breathes of any Other cnrenams of agreements of Borrower commend in this Deed of Trust. <br />let aot enter payt all reaseem9k expanses it*tlfmd by Lemfer and Trnstcc in enfnrnng the covensnH and agreemrnn nl <br />NmrrowH contained in this (feed of Trull and m enforcing Lender's and Lruverl cnip the as enanised d paragraph la <br />hereof, in"Ind'At, hail not limited lo. reasonable .Itotnay'a reel and Ids Nor rower tike+ t"I d », lion at 1 radii r ++sy r ,a* g ph i <br />testifier In allure Ihat the hen al Ilan Ikeet nt bust. I. ender'1 imeleal m the f4rrprrty and nnrr rt weir) , "'al, rat par <br />1rf (i <br />to <br />