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84002631
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8/6/2009 4:52:49 PM
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8/6/2009 4:52:49 PM
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DEEDS
Inst Number
84002631
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<br /> <br /> <br /> <br /> <br /> <br /> g. 402631 <br /> <br /> <br /> bankrupt or decedent, then Lender at Lender's option, upon notice to <br /> Borrower, may make such appearances, disburse such sums and take such <br /> action as is necessary to protect Lender's Interest, Including, but not <br /> limited to, disbursement of reasonable attorney's fees and entry upon the <br /> Property to make repairs <br /> Any amounts disbursed by Lender pursuant to this Paragraph 7, with <br /> Interest thereon, shall become additional indebtedness of Borrower secured <br /> by this Deed of Trust. Unless Borrower and Lender agree to other teams of <br /> payrrx'nt, such amounts 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 SEVENTEEN Ark? THREE-FOURTHS PERCENT (17.75'0, <br /> unless payment of interest at such rate would be contrary to applicable <br /> law, in which event such amounts shall bear interest at the highest rate <br /> permissible under applicable law. Nothing contained in this Paragraph 7 <br /> shall require Lender to incur any expense or take any action hereunder. <br /> 8. INSPECTION. Lender may make or cause to be made reasonable <br /> entries, upon and inspections of the Protxirty, 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. CCNDEM•dATION. The proceeds of any award or claim for damages, <br /> direct or consequential, In amectlon with any condemnation ..r other <br /> Lakin of the Property, or part thereof, or for conveyance in lieu of <br /> condemnation, are hereby assigned and shall be paid to Lender. <br /> In the event of a total taking of the Property, the proceeds shall be <br /> applij,,d to the sums secured by this Deed of Trust., with the excess, if any, <br /> paid to Borrower. In the event of a partial taking of the Property, unless <br /> Borrower and Lender otherwise agree in writing, there sKEtl l be applied to <br /> the !.ums secured by this Deed of Trust such proportion of the proceeds as <br /> Is Niual to that proportion which the amount of the sums secured by this <br /> C,eed of Trust irm*diate1y prior to the date of taking bears to the fair <br /> market value of the Property Immediately prior to the date of taking, with <br /> the balance of the proceeds paid to Borrower. <br /> If the Property is abandoned by Borrower, or If, after notice by <br /> Lender to Borrower that the condcrrmr offers to make an award or settle A <br /> claim for damages, Borrower fails to respond Co Lenderwithln thirty (30) <br /> days ?fter the date such notice is mailed, Lender is authorized to collect <br /> t+nd apply the proceeds, at Lender's option, either to restoration or repair <br /> of the Property or to the suns secured by this Deed of Trust. <br /> Un 1 es-5 Lerner arxi Borrower otherwise agree In writing, any six:h <br /> application of proceeds to principal shall not extend or postpone the due <br /> date of the monthly Installments referred to in Ppragraphs 1 and 2 hereof <br /> or change the amount o; such installments, <br /> 10. K?RROWCR NOT RELEASED. Extension of the time for paaytrent or <br /> nx>d i f i cation of amortization of the sum stK:ured by this Deed of Trust <br /> granted by Lender to, any successor in Interest of Borrower -shalt not <br /> operate to r lease, in any manner, the liability of the orlg'na,l Borrower <br /> and Bomwer's successors In Interest. Lender shall not be required to <br /> commerce proceedings against such sarcessor or, refuse to extend tiros for <br /> payment or otherwise modify amortization of the sums secured by this Deed <br /> of Trust by re ascm of any demand made by the or 1 p 1 r•ia 1 Borrower and <br /> Borromtr's successors In Interest. <br /> 11. FORBEARANCE BY LEMER NOT A WAIVER. Any forbearance by Lender In <br /> exercising any right or remedy hereunder, or, otherwise affordod by <br /> applicable law, shall not be ar waiver of or pr"rlude the exercise of Any <br /> -such rlllht or remedy. The procurement of Insurance of the Payment of taxes <br /> or other )lens or charges by Lender shall not be a waiver of Lender's right <br /> to Accelerate the maturity of the indebtedness !secured by this Doed of <br /> Trust. <br /> 12. REMEDIES CUMULATIVE. All ren*dies provided In this Deed of Trust <br /> are d 1 sL i nct and cumulative to any other right or remedy under this Dead (if <br />
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