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NONUNIFORM COVENANTS.Borrower and Lender furthercovenanl and agree as follows:
z 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's t
breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under paragraphs 13 and 17 ,
unless applicable law provides otherwise).The notice shall specifynot :(a)the default;(b)the action required to cure the
ice Is given
and fault-, st be cured;
that failure to cusretthe dhan efault on or beforedays from thetthehd to specified intthenotice ewil result ieacceleration l uof the sums
secured by this Security Instrument and sale of the Property.The notice shall further inform Borrower of the right to t'
insurance as■condition of making the loan scented by this Security Instrument, reinstate after acceleration and the right to bring a court action re assert the nonexistence if a default or any other
If Lender required mortgagedefense of Borrower to acceleration and sale.I(the default Is not cured on or before the date specified in the notice,Lender
Borrower shell pay the premiums required to maintain the insurance in effect until such time as the requirement for the I at its option may require immediate payment in full of all sums secured by thisl cable law-ty Lender shall be enttrument without itled to
insurance terminates in accordance with Borrowers and Lender's written agreement or applicable law, demand and may Invoke the power of sale and any other remedies permitted by app' c
s paragraph 19, Including,but not limited to,
it may make entries upon and inspections of the Property.Lender collect all expenses incurred In pursuing the remedies provided in thi
g. Inspection. Lender or its age
e reasonable
specifying reasonable cause for the inspection. I reasonable attorneys'fees and costs of title evidence. lace and terms of sale by
shall give Borrower notice at the time of or prior to an inspection
9. Condemnation, The proceeds of any award or claim for damages,director consequential.in connection with ](Lender invokes the power of sale,Lender or Trustee shall givby ap
e notlilc ble law.Lender shall mail a copy of the
any condemnation or other taking of any part of the Property,or for conveyance in lieu Of condemnation,are hereby posting and recording the notice least 21 days prior to s •Sale shall be made at public vendue between the
assigned and shall be paid to lender. notice of sale to Borrower in thes applicable law.
manner prescribed by moto the
In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security hours of]0 a.m,end 4 p.m.on the first Tuesday In any month.Borrower authorizes Trustee to sell the Prnpert u chase
Instrument,whether or not then due,with any excess paid to Borrower.In the event it a partial taking shall
the Property,
highest bidder for cash In one or more parcels and In any order Trustee determines.Lender or its designee may p
unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the Property at any sale.
the amount of the proceeds multiplied by the following fraction:(e)the local amount of the sums secured immediately
Trustee shall dell ver to the purchaser Trustee's deed conveying Indefeasible title to the Property with covenants of
before the taking,divided by(b)the fair market value of the Property immediately before the taking.Any balance shall be general warranty.Borrower covenants and agrees to defend generally the purchaser's title to the Property against all
paid to Borrower. claims and demands.The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
to
j therein.Trustee shall apply the proceeds of the sale in the following order.(e)to all expenses of the sale,including,but not
if the Property is abandoned by Borrower,or if,after notice by lender to Borrower that the condemnor offers
make an award or settle a claim for damages.Borrower fails to respond to Lender within 30 days after the date the notice is limited to,reasonable Trustee's and attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess
given,Lender is authorized to collect and apply the proceeds,at its option,tither to restoration or repair of the Property or to the person or persons legally entitled to it.
to the sums secured by this Security Instrument,whether or not then due. If the Property is sold pursuant to this paragraph 19,Borrower or any person holding possession of the Property
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or through Borrower shall immediately surrender possession of the Property a the purchaser at that sale.if possession is not
surrendered,Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession,
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 20.Lender in Possession,Upon acceleration under paragraph 19 or abandonment of the Property,Lender(in
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment In agent or judicially a inted receiver)shall be entitled to enter upon,take possession of and manage the
modification of amortization of the sums secured by this Security In granted by Lender to any successor in person,by g y j Y ppo
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. I Property and to collect the rents of the Property including those past due.Any rents collected by Lender or the receiver
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for shall be applied first to payment of the costs of management of the Property and collection he rents,including,but not
payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made limited to,receiver's fees,premiums on receiver's bonds and reasonable attorneys'fees,and then to the sums secured by
by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy this Security Instrument.
shall not he a waiver ofor preclude the exercise of any right or remedy. 21.Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this Security
i1. Successors and Assigns Bound;Joint and Several Liablllty;Co•signea, The covenants end agreements of Instrument without charge to Borrower.Borrower shall pay any recordation costs.
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions 22•Substitute Trustee.Lender,at its option and with or without cause,may from time to time remove Trustee and
of paragraph 17.Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security appoint,by power of attorney or otherwise,a successor trustee to any Trustee appointed hereunder.Without conveyance
Instrument but does not execute the Note:(a)is co-signing this Security Instrument only to mortgage,grant and convey
that Borrower's interest in the Property under the terms of this Security instrument;(b)is not personally obligated to pay of the Property•the successor trustee shall succeed to all the title,power and duties conferred upon Trustee herein and by
applicable law.
The sums secured by this Security instrument;and(c)agrees that Lender and any other Borrower may agree to extend, 23.Subrogation.Any of the proceeds of the Note used to take up outstanding liens against all or any part of the
modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
Property have been advanced by Lender at Borrower's request and upon Borrower's representation that such amounts are
that Borrower's consent. due and are secured by valid liens against the Property.Lender shall be subrogated to any and all rights,superior titles.
12. Loan(Charges. If the loan secured by this Security instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in liens and equities owned or claimed by any owner or holder a any outstanding liens and debts,regardless of whither said
liens or debts are acquired by Lender by assignment or are released by the holder thtreo(upon payment.
connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount 24,is are
Invalidity.In the event any portion of the sums intended to be secured by this Security Instrument
necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded payments
permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed cannot be lawfully secured hereby, a menu in reduction of such sums shall be applied fine to those portions not secured
under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a hereby.
23.Waiver of Notice of intention to Accelerate. Borrower waives the right to notice of intention to require
partial prepayment without any prepayment charge under the Note.
13. legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of
immediate payment in full of all sums secured by this Security instrument except as provided in paragraph 19.
his r Security Instrument and may invoke any remedies 26.Riders to this Security instrument.If one or more riders are executed by Borrower and recorded together with
rendering any provision of the Note or this Security Instrument unenforceable according to its terms,Lender,at its option,
may require immediate payment in full of all sums secured by t Y this Security Instrument,the covenants and agreements of each such rider shall be incorporated into end shall amend and
permitted by paragraph 19.If Lender exercises this option,Lender shall take the steps specified in the second paragrs)were n part of this Security
raph of supplement the covenants and agreements of this Security Instrument as if the ride
paragraph l7. Instrument.(Check applicablebox(es)J CJ 2--4 Family Rider
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by Adjustable Rate Rider Condominium Rider
mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Graduated Payment Rider ❑ Planned Unit Development Rider
Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower.Any notice Other(s) [specify] Addendum to Deed of Trust
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
� in this paragraph. 27.Purchase Money;Vendor's Lien;Renewal and Extension.[Complete as appropriate] The indebtedness,
i 15. Governing law;Severability, This Security Instrument shall be govemed by federal law and the law of the payment of which ne hereby secured is in part payment of the purchase price of the
jurisdiction in which the Property is heated,in the Ives aRcet other provisions of this Secure y Instrumeecurity nt orent or the the Neste = real property herein described, and is also secured by a vendor s lien thereon retained
Note conflicts with applicable law,such conflict shot - in deed of even date herewith to the undersi reed and this Deed of Trust is given as
additional securiity forr the ayment o� said EdgUtedness
which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the ev SIGNING Betow, fi ti' e�accepts an agrees to the terms and covenants contained in this Security
Note are declared to be severable. Instrument and in any riders,executed by Borrower and record with it.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument (Seal)
17. Transfer of the Property or•Beneficial interest In Borrower. if all or any part of the Property or any .............................
Interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural LL W. UKE
RUS ' t
person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums (/f, .........
secured by this Security Instrument.However,this option shall not be exercised by Lender if exercise is prohibited by A g
......(Seal)
federal law as of the date of this Security Instrument. ^ K4RE 1 C.f:cCARROLL Y ll
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period STATE OF TEXAS f , Our?P_aic Sate of item
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
Mi Cmn;:iea Upres CII-0497
this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any COUNTY OF BRAZOS 1
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18.Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have
l war of sale contained in this BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared,kto
enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as RUSSELL W. DUKE and wife, DOROTHY A. DUKE
applicable law may specify for reinstatement)Wore sale of the Property pursuant to any power subscribed to the foregoing instrutneol,and acknowledged
Security Instrument;or(b)entry o(a judgment enforcing this Security Instrument.Those conditions are that Borrower. rite to be Ilse person(s)whose name(s) are
ssed '
(a)pays Lender all sums which then would be due under this Security instrument and the Note had no acceleration to use that t he y executed the same for the Purposes and consideration of
May
occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this GIVEN UNDER MY HAND AND SEAL OF OFFICE,this /7 y ^
Security Instrument•including,but not limited to,reasonable attorneys'fees;snd,(d)takes such action as Lender may t9 94
reasonably require In assure that the lien of this&.entity instrument,Lender's rights iii the Property and D)rrowei s f
to a the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
obligation oP Y PELF..
Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had "" itw.7PAW VOL"�
occurred.However,this right to renstate shall not apply in the case of acceleration under paragraphs 13 or 17. s
V0. p;304