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1' <br />J <br />i <br />89-.104 <br />9 Comet aatioa. The proceeds of any award or claim for damages. direct or consequential, in conneco May <br />condemnation or other takias of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking f the Property, the proceeds shall be applied to :be sums secured by this Deed of Trust. <br />with the text ess. if any, paid to grower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the date of tilting, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to matte <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the prromds, at Lender's option. either to restoration or repair of the <br />Property or to the sutras secured by this Deed of Trust. <br />Un1cm Lender and Borrower otherwise agars in writing, any such application of proceeds to principal shall not extend <br />or pottpvcd -_.tile due date of the monthly instalTrt.rts tv. t red to in paragraphs I and 2 hereof or change the amount of <br />such ink. <br />it. iYe! Rdaanaer. Extension of the tutee .c: payment or modification of amortization of the sums secured <br />• ::,. by this Deed o Th*t i*ttred by Lender to any s; m=ssor in interest of Borrower shall not operate to release, in any manner. <br />the Lability of the 31 Borrower and Borrower's successors in interest. Lender shall not be- required to commence <br />proceeding: apinst std successor . or refuse to extend time for payment or otherwise modify �rtization of the sums <br />secured by this Deed of Trust by reitson of any demand made by the original Borrower and Borrawer s successors in interest. <br />11. Forbearance by [.ender :tot a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall nel be a waiver of or preclude the exec: of any such right or remedy. <br />The procurement of itrturance or the payment Qt- toes or other liens or charges by Lende., shYl no., be a waiver of Lender's <br />right to.secelente the maturity of the indebtedness secured by this Deed of Trust. <br />IL Remedies Csuialise. All remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />or remain =under this Deed of Trust or afforded by law or equity. and may be exercised concurrently. independently or <br />surccemi+�y. <br />13. 5occestaors and Amips Bound; loiult mad SeferM T,3all r, Captions. The covenants and agreen^^u,..s herein <br />contained shall bind; and the rights hereunder si jt'J inure -m, ;t:z respective successors and assigns of Lender and Borrower.. <br />subject to ti>to provisoes of paragraph 17 hereof. All covenants and agreements of Borrower sb; -'.i be joint and smeml. <br />The captions and wings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to. <br />interpret im. define the provisions hereof. <br />H,it, . Norm ee. Except for any notice required under applicable law to be given in another manner. (a) am, notice to <br />Borroi� winvided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Prv*rty Addrtu or at such other address as Borrower may, designate by notice to Lends r.;m providr..i herein, and <br />(B) any notice td Ltmkr shall be given by ceM-'I d. mail, return receipt requested, to Lender's art 2rry� statei:..herein or to <br />such other address `= Leader may designate ..trJeid a to Harr 'awet .zs provided herein. Any nc :' .r �rovidt d for in this <br />Deed of Tnnt shall be deemed to have been given to Borrower ea .t6jcr when given in the manner designated herein. <br />ig. • Vaifom Deed of Trust; Coveuraft Law; Seversbui ;- •;l: -cis form of deed of trust combines uniform covenants for <br />natiortihll ki3e and nonuniform covenants with limited variatlrm; try" jurisdiction to constitute a uniform security instrument <br />covering real property. ibis Deed of Trust shall he governed by the law of the jurisdiction in which the Property is locatt. -J. <br />In the event that any provision or clause of this Deed of Trust or the Kor.conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which mu. t;r; given effect without the conflicting provision. <br />and to this and the provisions of the Deed of Trust and the Note are dad;rred to be severable. <br />1f. Mrtoweele Copy. Borrower shall be furnished a conformed copy of the Note anti of this Deed of Trust at the time <br />of execution or after recordation hereof. <br />17. Tauter of the twenty; Assumption. If all or any part of the Property or air. inftz' nest therein is sold or transfeh•e:i <br />by Borrower without benders prior written consent, excluding (a) the creation of a lien or eximumbrana^ su lonlinama to <br />this Deed of Trust, lb) the creation of a urcbaae.rnoney security interest for household applianem (t:i a transfer by devise. <br />descent or by operation of law upon the death ol a•roint tenant or (d) the grant of any feasehold Intu .rit of throe year!: or less <br />not containini an option to purchase, lender ma's, at l ender s option, declare all the suns secured by-thli Died of •Trust to be <br />immedioidly dux and payable. l.endcr shall have waived such option to accelerate if, prior to the sale or tioruNr. Lender <br />and the- Va.son to whom the Property is to he sold or trartq.'r.red reach agreement in writing that the cradiliof iuch person <br />is satisfactory to lender and that the interest payable on the sums secured by this Decd of Must shal1111e at such rate as <br />Lender shall request. if lender has waived the onion to accelerate provided in this, paragraph 17, an.i if, Borrower's successor <br />in interest has executed a written assumption alrfczaent accepted in writing by Lender, L.endeT stu.11irelease Borrower from <br />all obliptions under this Deed of Trust and the, Note. <br />if Lender exercises such option to accelerate. Lender shall mail Borrower notior of acceti:ration in accordance with <br />paragraph 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 duc. if Borrower fails to pay such sums'pnor to the expiration of such period. <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />NntvUratt:oats CovFmtars. Elorro es - -rcd Lender further covenant and agree o follows: <br />Is. Acceleration; Remediar. Es -wept ass provided In paragraph 17 hereof. upon Borrower's breach of any covenant or <br />sgmewae of Borrower in this Vkarl of 'Trust. including the covenants to pay when due any sums secured by this Deed <br />of Truest. Leader prior to acec4raliour shalt mail notice to SwroMer as ptroHded in paragraph 14 hereof specifying: (1) the <br />beeaeb; (2) the actioat required to care such breach; (3) a date. not Itss than 30 days from the date the notice h mailed to <br />Batrawer. by which such breach mot be "red; and (4) that failure to cure sack breach on or before the date specified <br />In Ike ssotke may remelt in acceleration of The sums secured by this Deed of Trost and sale of the Property. The notice <br />Who further IiWeras iartrower of the right tit reinstate after :ccekrstton and the right to bring a court action to steer! <br />the non4aiNcnce of a defatsk or any other dlefease of Borrower to acceleration ind sate. If the branch h aot cured <br />on or before the date speckled In the aolke. Leader at Lender's option may declmt an of the sums seem" by thLs Deed <br />of Trot to be Insaedimely rise and payable wilbost farther demand and may invoke fife {Tower of sale and any other remedies <br />permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses Incurred in pursuing the <br />remedies provided is that paragraph IL includift. but not limited to. reasonable nHoraey's fees. <br />If the power of sae is Invoked. Traste , shah record a notice of default in each county in which the Property or some <br />W thereoff is iacsted and MM nsso cepies of such nonce in the manner prescribed by applicable law to Borrower sod to the <br />other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall <br />give ptsbuir seNce of sale to the persons aM in the manner prescribed by applicable law. "Trustee. without resnaad on <br />Bortswer, 40 no the Progeny at public auction to the highest bidder at the time and place and under the terms decittnated <br />In the notice of sate In one or asore parcels and In such order as Trustee may determine. Trustee may postpone sale of all <br />or any parcel of the D'rreperty by pvmk announcement at the time and place of any previously scheduled sale. Lender or <br />toir" Wit; desiinee away prrchne the Properly at asy gale. <br />Upon receipt of pie meat of the price bid. Trustee shall deliver to the purchaser Trustees deed conve)Ing the Property <br />said. The redtah in the Tndce's deed shah be prima facie evidence of the truth of the statements made therein. Trustee <br />IW apply The proceeds of the safe In the following or de : Is) to all rrasorlaMe cats and etlpenws of the safe. including. but <br />MA limited so, Trade! k, Guts of not more than 1 •iii ,cif the Bross sale price. reasonable attorney's feev and cost% of <br />i::le rr1'wa;ia:r; { :1 i.. il::iiriri wit iiid 4 IMP Di d 6 ifi:+i: and ici t: r czcc;-s H arc}. tr, ei: p mi;r. as poroas Rally tatitty -d <br />lhttreb. ' <br />It. Ib"G%o 'sN*kt to Relegate. Not, trh,tarlding ( I:nder',, aticicratt., rat 'I he %t,Itx 'V,!lir i hs. thry held 0 irr. 1. <br />HvIFLlvrer shall haze the tight it.) have Jnt preaerJrng, h.-zlitt ty I credo CM. t,c the, lI t• I t•) 11 -w ,lt,. alit fitted a• <br />airy time pru,t t Oil thc Caricer its c.•tr_ur 4.1 its thr fifth eta} h0,,.c Nei ;ale0 th; I't,TcII t plIIs!!a1 r 1„ the p'•,•.,k:r of t•at: „••ut,,n..t <br />ur th{s11. t .I of 1rur.re r ltrscntry edu Ittdgmcrtt Cnf: r. mg the_ Ihc, +, t �raat rt tit H.•ctoetier ran%• 1 cn.1 :r :d stint,- ahr,lr te,•:,I,► <br />6v they Jr-; 1!r t2r thee: ILaea t.f - It..., the 4..tP .. !ir .. :.,.. _• ..!•� � :, A.1. .. _ e, .,�� h ,.l n, :.: . �1.•rallt,r..v _ err: �1. <br />the BIIJIV13et heel. all hrtra.fA. s,-1 ally v!4 :cr u,.m...rIN 'I' :- c;me+,'. ,,. 11"tt.1utr "tntatnt', In to; A Ir,..• <br />tt t k'rt tact f•::ys all rc;t .11,011r. r•it }•ct, :c. ,I!, Irle, t,,.1, r ttc:l 1s, { t , [If,'10f!c the ...: an'. era 6:1:t :n.n1•- •., <br />F'nrr.�ar' ',hlutttrJ tit •'tr. that} td ltr,;t .ems` ,.- �-hlo•, r.,;• t, ,:.4�' � .. , r..:.••_• � t •, ,,.1!c. t.,. •':d ;,r +_•.,r.la.tl,f. tti <br />t cFmf rrr; 'ndtnr. her riot f In It Z-d to ri. '..; -,P1- :Ittrlrncs "-r-7 ,,r;f r s, Id t !'s. CC ;r. * II t [ .-.!rr ;t. •c' , , :. •! =a <br />rr ride Ut !I%,,; I, t'lUl felt' 1 +e'. . t rtcc [X-CA ct 11.141 1 L' J. I-% art:. ri,r , 1t!. III , . .his 14.•. •.: ' • '4:t•'a• . r {•. <br />i <br />�r f�> <br />rn..r <br />f 41 <br />1!` .. <br />_�— 1 <br />i, <br />