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<br />88- 103675
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<br />g, Condemnallon. 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 condemnation, are hereby assigned
<br />and shall be paid to Lender,
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and lender otherwise
<br />agree In writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to
<br />that proportion which the amount of the sums secured by this Deed of Trust Immediately prior to the date of taking bears to the
<br />fair market value of the property Immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to
<br />the sums secured by this Deed of Trust
<br />Unless lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments,
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization otthe sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, :he
<br />liability of the original Borrower and Borrower's successors Interesl.lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in 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. The
<br />procurement of insurance ofthe payment oftaxes Dr other liens or charges by Lender shall not be a waiver of Lender's right 10
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedies Cumulallve All remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity. and may be exercised concurrenlly. independently or
<br />successively.
<br />13. SucCelSors and Anigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respecllve successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are notto be used to interpret or
<br />define the provisions hereof.
<br />14, Notice. Exceptfor any notice required under applicable law to begiven in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be given by maillnll such notice by certified mail addressed to Borrower at the Property
<br />Address Dr at such other address as Borrower may deSignate by notice to Lender as provided herein, and (b) any notice to
<br />lender shall be given by certified mail, return receipt requested, to Lender's address stated herein Dr to such other address as
<br />Lender may designate by notice to Borrower as provided herein, Any notics provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower Dr Lender when given in the manner designated herein.
<br />15, Uniform Deed 01 Trusl: Governing Law; Severability. The lorm of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by juriSdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In
<br />the event that any provision or clause of this Deed of Trust Dr the Note conflicts with applicable law. such conflict shall nol
<br />affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy 01 the Note and 01 this Deed of Trust at the time 01
<br />execution or altel recordation hereof.
<br />17. Transfer of the Property; Aaaumptlon. I! all or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise descent or by
<br />operation 01 law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due
<br />and payable, Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit 01 such person is satisfactory to
<br />lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall request II
<br />Lender has waived the option to accelerate provided in this paragraph 17, and If Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If lender exercises such option to accelerate, Lender shall mall Borrower notice of acceleration 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 which
<br />Borrower may pay the sums declared due, II Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as followa:
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<br />18. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement 01 Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust,
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach: (2) the
<br />action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which
<br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in
<br />acceleration olthe sums secured by this Deed of Trustand sale of the Property, The notice shall further inform Borrower of the
<br />right to reinstate alter acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrowerto acceleration and sale. I! the breach is not cured on Dr before the date specified in the notice, Lender at
<br />Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any olher remedies permitted by applicable law, Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
<br />limited to, reasonable attorney's fees,
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property Dr some part
<br />thereof is located and shall mail caples of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />persons prescribed by applicable law. Alter the lapse of such time as may be required by applicable law, Trustee shall give
<br />public notice 01 sale to the persons and in the manner prescribed by applicable law, Trustee, without demand on Borrower,
<br />shail sell the Property at pUblic auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of sale in one Dr more parceis and in such order as Trustee may determine, Trustee may postpone sale 01 all or any parcel of
<br />the Property by publiC announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale,
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold,
<br />The recitais in the Trustee's deed shali be prima facie evidence ofthe truth of the statements made therein, Trustee shall apply
<br />the proceeds ofthe sale in the following order: (a) to all reasonable costs and expenses ofthe sale, including, but not limited to,
<br />Trustee's fees of not more than % of the gross sale price, reasonable attorney's fees and costs 01 title evidence:
<br />(b) to all sums secured by this Deed of Trust; and (c) the excess, if anl:', to the person or persons legally entitled thereto.
<br />11. Borrower's Righi 10 Relnstale. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the rightlo have any proceedings begun by Lender to enforce the Deed of Trust discontinued at any time
<br />'prior to the earlier to occur of (i) the fifth day before the saie of the Property pursuant to the power of sale contained In the Deed
<br />01 Trust (II) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust, the Note and notes securing Future Advances, If any, had no acceleration occured:(b) Borrower
<br />cu-res all breaches of any other covenants or agreements 01 Borrower contained In this Deed of Trusll (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed oITrust and In enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof, Including, but not limited
<br />to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of
<br />this Deed of Trust, Lender's interest In the Property and Borrower's obligation to pay the sums secured by this Deed of Trust
<br />shall continue unimpaired, Upon such payment and cure by Borrower, this Deed oITrusl and the obligations secured hereby
<br />shall remain in lull force and eHect as if no acceleration had occurred,
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