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200206716 <br />9. Coadamaatiea. The proceeds of any award or claim for damages, direct or consequential. In connection with any <br />condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of wndemtwtion, are hereby assigned and <br />shall be paid to Lander, subject to the terms of any mortgage, deed of trust or other security agroerncnL with a lien which has a <br />priority over this Deed Of Trust. <br />10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification or <br />amortization of the aums secured by this Deed of Trust granted by Leader to any successor in interest of Borrower shall not operate <br />to release, in any masher, the liabllity of the original Borrower and Borrower's successors In Interest. Lender shall nor be required <br />to rommenta proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />scoured by Ibis Deed of Truat by reason of any demand trade by the original Borrower and Borrower's succe err$ in Interest. Any <br />forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable, law. shall not be a walver <br />of or preclude the exercise of any such right or romady. <br />11. Sueeesson mind Aadgrs Bound; Saint and Several Liability; Co4dznerx. The wveunts and agreements hracin <br />contained shall bind, and the rots hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject <br />to the provisions of paragraph 16 hereof. All covonants and agreements of Borrower shall be joint and several. Any Borrower who <br />co-signs this Dead of Trust, but does not exeeuts the Note, (a) Is coaigoing this Deed of Trust only to grant and convoy that <br />Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is nor personally liable on the Note or <br />under this Decd or Trout, and (c) agrees that Lender and Any other Borrower hereunder may agree to extend, modify, rorbear, or <br />make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower s consent and <br />Without releasing that BorrOWOr or modifying this Deed of Trust as to that Borrower's Interest in the Property. <br />12. Notice. Except for any notice required under applicable law to be given In another manner, (a) any notice to Borrower <br />provided for In this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower <br />at the Pro perty Address or as such other address as Borrower may designate by notice m Leader as rovided herein, and (b) any <br />notice w lender shall be twat by certified mall to Lender's addrus stated herein or to such other address as Lender may design= <br />by necks to Borrower u provided herein. Any notice provided for in this Deed of Trust shall be deatned to have been given to <br />Borrower or lender when given In this manarr designated heroin. <br />13. Governing Law; Severabillty. The state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction In which the Property is located The foregoing sentence shall not limit the applicability of Folderol law to this Decd of <br />Trust, In the avant that any provision or clause of this Dead of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Decd of Trust or the Note which can be given offset without the conflicting provision, and to this <br />and the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costa." "expenses" and <br />"attorneys' fear" Include all sums to the cxti ac not prohibitad by npplicabla law or limited herein. <br />14. Borrovices Copy. Borrower ahall be furnished it conformed copy of the Note and this Dead of Trust at the time of <br />execution or after recordation hereof, <br />IS. Rebabllltatim Loco Agreement. Borrower shall fulfill all of Borrower's obligation under any home rehabilitation, <br />improvement, repair, or other loan agreement which Borrower enters Into with Lender. Lender, at Lender's option, may require <br />Borrower to execute and deliver to Lender, in a form acceptable to Leader, an assignment of any rights, claims or defenses which <br />Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. <br />16. Transfer of the Property or a BaoaA dal Interest to Borrower. If all or any part of the Property or any interest in it is <br />sold or trarufarred (or If a bmtdicia) Interest In Borrower Is sold or transferred and Borrower is nor a natural person) without <br />Lender' c prior written consent. Lender may, at Its option, require immediate payment In full of all sums secured by this Decd of <br />Trust. However, this option shall not be exercised by Lender If exercise is prohibited by federal law as of the data of this Deed of <br />Trust <br />If Lender exercise this, option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br />than 30 days from the data the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of <br />Trust. It Borrower tails to pay these turns prior to the expiration or this period, Lander may invoke any remedies permitted by this <br />Deed of Trust without further notice or demand on Borrower. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covoaanc and agree as follows: <br />17. Acceleration; Remedies. Except as provided In paragraph 16 hereof, upon Borrowers breach of any covenant or <br />agreement of Borrower In this Deed of Thist, Including Borrower's failure to pay, by the end of 10 calendar days after they <br />are due, any sums smeared by this, Deed of Trust, Lender prior to acceleration shag give notice to Borrower as provided in <br />paragraph 12 hammer apeetfyingr [lj the breach; (2) the action required to care such breach; (3) a date, not less than 20 days <br />from the date the nuts is retailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach <br />on or before the date spodflad In the notice may result in acceleration of the sums scatted by this Deed of Trust and sale or <br />the Property. The notice shall further inform Borrower of the right to reinstate alter acceleration and the right to bring a <br />court action to assert the noaeslstance of a default or any other defenso of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date spetll{ed In the notice, Lender, tit Lender's option, may declare all or the sums secured by <br />this Deed or Trust to be Immediately due and payable without further demood and may lavoke the power of sale and any <br />other remedies permitted by applicable law. lender shall be entitled to collect all reasonable costs and expenses Incurred in <br />pursuing the retnedles provided in this paragraph 17, including, but not Lmited to, reasonable attorneys' reea <br />If the power of sale is invoked, Trustee shall record a notice or default In each county In which the Property or some <br />part thereof is located and &ban mail copies of such notice In the manner prescribed by applicable law to Borrower and to <br />the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee <br />shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand an <br />Borrower, shall sell the Proparty at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of side in one or more parcels and In such order as Trustee may determine. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Leader or Condor's designee may puxlrasa the Property at any sale. <br />'Upon receipt of payment of fba price bid, Trusted shall deliver to the purchaser Trustee's dead conveying the Property <br />sold. The recitals in the Tsuatee's dead shall be prime faele evident of the truth of the statements made therein. Trustee <br />SW apply the pno¢eads of the sale in the following order: (a) to all reasonable costs and expenses of the sale, Including, but <br />not limited to, Trustaa's fees actually Incurred of not more than % of the gross sale price, reasonable attorneys' <br />foes and costa of tille evidence; (b) to all sums smeared by thls Dead of Trust-, and (c) the excess, if any, to the person or <br />perlom lasally welded thereto. <br />U. Borroweres Right to Rmlestato. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, due to <br />Borrowers breach, Borrower shall have the right to have say proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any done prior to the earlier to occur of (1) the fifth day before the sale of the Property pursuant to the power of salt <br />contained in this Decd of Trust or (If) carry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Len I s which <br />would be then duo under this Deed of Trost and the Note had no <br />ac or ation ocourtad; (b) Borrower turps r, _ of any <br />M4198(144 (tyea) P4403 e, s zl�' V �� <br />