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<br />~~- 105352 <br /> <br />9. Condemn.Uon. The proceeds 01 any award or claim lor damages, direct or consequential, in connection with any <br />'.condemnntion or other laking oftha Property, Dr pan Uloreol. or for conveyance in lieu of condemn allan, BrB hereby assigned <br />':and shall be paid to Lender, <br />. In the event at a total taking 01 the Property, the proceeds shall be applied 10 the sums secured by this Deed of Trust. with <br />the BltCess. If any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise <br />agree in wnting.lhere shall be applied to the sums secured by this Deed of Trust such proportion oltha proceeds8s is equal to <br />thai proportion which the amount oltha sums secured by this OeedorTrusllmmedialelypriorto the date of taking bears to the <br /> <br />raJrl~~~k~~~~~U~ ~~ ~:a~~g::J ~~Bo~~~~r. ~~~~ ~~~~~~~~~ ~fv~~i~ge~~~~~:~"th:t~h:~J'n~~~;r ~~r~~~:=:~ <br />award or settle a claim tor qamages, Borrower falls to respond to Lender within 30 days atter the date such noUce Is mailed, <br />lender is authorized to collect and apply the proceeds, at Lender's option, either to restoraUon or repair of the Property or,o <br />the sums secured by this Deed ot Trust <br />Unless Lender and Borrower otherwise agree In Writing, any such application of Droceeds to principal shall not extend or <br />postpone lhe due dale 01 the monthly installments relerred to in paragraphs 1 ana 2 hereof or change the amount of such <br />Installments. <br />10. BorrowerNal A....Md. ExtenSion at the time for payment or modification of amortization of the sums secured by this <br />l?eed of Trust granted by Lender to any successor In Inter':tst at Borrower shall not oper .",te to releaS3, In any manner, the <br />liability of the original Borrower and Borrower's successors Interest. Lender shall not be rat, ired to commence proceedings <br />against such successor or refuse to eJltend lime for payment or otherwise modify amortization of the sums secured by this <br />Deed 01 Trust ::'y reason of any demand made by the original Borrower and Borrower's successors In interest <br />11. Forbearanee by Lend.r Not a W.lv.... 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 01 Insurance of the payment at taxes or other liens or charges by Lender shall not be a waiver of Lender's right to <br />accelerate the maturity at the mdebtedness secured by thiS Deed 01 Trust <br />12. Remedle. CumulaUve All remedies prOVIded In thiS Deed 01 Trust arB distinct and cumulative to any other right or <br />remedy under 1hls Deed at Trust or afforded by law or equity. and may be exercised concurrenUy, independently or <br />successively <br />13. SuCC"'DB and Aulan. Bound; Joint Bnd Sev.ral Liability; CapUon.. The cOllenants and agreements herein <br />contained shell bmd, and the rights hereunder shalllOure to, the respeC1tlle successors and assigns of Lender and Borrower, <br />subject to the proviSions ot paragraph 17 hereof All covenants and agreements 01 Borrower shall be joint and several. The <br />captions and headings of the paragraphs 01 this Deed 01 Trusl are for convenience only and are 001 to be used to interpret or <br />define the provisions hereot <br />14. Notice. Exceptfor any notice reqUired under apphcable law 10 begiven In another manner, (a) any notice to Borrower <br />~~o;:~~ ~~~I~~~~~~ro~J~:~:~~I~r~~::;r 'Z~~~~Pg~~~: ~~~~~~~ ~6~~~e~:~ :~~~idS:3~~C;:~~~On~(~)~~; ~~:~ <br /> <br />lender shall be given bycertilied mail. relurn receipt requested, 10 lender's address stated herein .;rta such other address as <br />lender malJ deSignate by notice to Borrower as prOVided herein. Any notice provided lor In Ihls Deed of TrustshBl1 be deemed <br />to have been given 10 Borrower or lender when given in the manner de~llgnated herem <br />.'5. UnHonn Deed of Tru.t; Governing Law; Sev.'.bluty, The form at deed at trust combines uniform covenants for <br /> <br />~~~~~~~ ~:I~~~;:~u;~~~~e:~~~~~~ ~~II~r;:j~::~rie~i~;~h~YI~~I~:~~~~r:~df~~s~I~~I:~i~~~:pr~:~~!liro~~~~~~~ <br /> <br />the event that any provision or clause of this Deed of Trust or 1he Note contlicts With applicable law. such conflict shall not <br />affect olher prOVISionS of this Deed 01 TruSI or the Note which can be given effect without the conflicting provisions, and to this <br />end the proV1sions at the Deed of Trust and the Note are declared to be severable. <br />18. Borrow...'. Copy. Borrower shall be furnished a contormed copy 01 the Nole end 01 thiS Deed of Trust at the time of <br />execution or after recordation hereol <br />17, T,.".,.,ot the Property; A...umpUon. II all or nny part oltha pfoperty or an Inleres1thereln is sold or transferred by <br />Borrower without Lender's prior written consent. excluding la) the creation 01 a lien or encumbrance subordinate to this Deed <br /> <br />~~~~:~~b;'::~:~O~:~~~~:j~,~~:~:~t~(~irr~~t:::~: ~~~~~::=~~~~i:r~~~~f\~r:eU;:~~~YB:V~::=~~~~~~ <br /> <br />option to purchase. lender may, at Lender's option, declarealllhe sum! secured by this Deed ofTrult to be immediately due <br />and payable. Lender Ahall have waived such option 10 accelerate It. prior to the sale or transfer, Lender and the person to <br /> <br />~~d':r~~:~:th~ j~I~~e~ PS:~:b~~ ~~~~e~~~sr::~r~~:;;~n6:;~~I~r~~~:~~~tb~r:d~~~~ ~~reh~,:~~:, ss:~:r:=~er:tt~ <br /> <br />Lender has waived lhe option to accelerate provided In thIS paragreph 17, and ir Borrower's successor In interest has <br />executed a written assumption agreement accepted '" wnting by lender. lender shall release Borrower from all obligations <br />under this Deed of Trusl and the Note <br />II lender eJlerCIS8S such op110n to accelerate, Lender shall mall Borrower notice of acceleration in accordance with <br />paragraph ,. hereof. Such notice shall proVide a period 01 nolless lhan 30 days from the date the notice is mailed within which <br />Borrower may pay the sums declared due, II Borrower falls 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 /> <br />NON-UNIFORM COVENANTS. Borrower ond Loncler Iwlh.. covononlond 011_ .. follow., <br /> <br />,.. Ac~; Remedln. Excepl as prOVided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreemen1 of Borrower in this Deed 01 Trust Including the covenants to pay when due any sums secured by this Deed ofTrusL <br /> <br />~~~~rr~~~r~at~c~~;r:~~~S~:'~~;i~~~~I~:t~. ~~~:et~~~p;g~~e:,~~~a;~~~~~ t1~ ~~~~ ~~c~tr~~~~(UoU:O~::1~;~~~~ <br /> <br />such breach mus1 be cured; and (4) thai failure to cure such breach on orbelore the date specified in the notice may result in <br />acceleration oltha sums secured by this Deed of Trustand sale of the Property. The notice shall turtherinform Borrower of the <br />right to reinstate after acceleration and the right to bring a court Bctlon to assert the non-existence of a default or any other <br /> <br />~:e;:so~or;.o'::;~:T:r~~~~ft~:~~~~~~~r::~~s=~~~~;t ~~=t~~t:i~::I~ ~:-: ~;:bl~O~:i::o~~::: <br /> <br />demand and may invoke the power of sale and any other remedies permitted by applicable law, lender shall be entitled to <br />collect all reasonab~ costs and expenses incurred in pursuing the remedies proVided In the paragraph 1 B. including, but not <br />limited 10. raesonabJe anomey's tees. <br />U ~ power 01 sale IllnvDk;ed. Trustee shall record a notice of default In each county In which the Property or some part <br />thereolII loca1ed and shall mall COpies of such notice In the manner prescnbed by applicable law to Borrower and to the other <br />persons prescribed by applicable law. After the lapse 01 such time as may be required by applicable law. Trustee shall give <br />public notice of sale 10 the persons and In Ihe manner prescribed by applicable law. Trustee, without demand on Borrower, <br /> <br />:~~~':::~~==:~~~:"~~~~r~~h:T~=~:;e=~~nd:~r:~~d~~;e~::'=:a1:~P~Ir~~~~vU:~~~~~ <br />the Property b)l public announcement at the lime and place 01 any previously !SCheduled sale. Lender or Lender's designee <br />moy purchooe !he Property oj any..'.. <br />TheU:ita~:'of~=~~~T':~::::~~~~:~~h~~~~~~S:~J:~~~~d=~~h":r:r~~~~:t:O:a~II~~?Y <br />me proc:eeda at me..1e in the following order:: (8) to all reasonable costa and expenses 01 the sale, including. but not limited to. <br />~rr::'~=~:.rm::~~ Deed of Trult :"o~ ~ i:::~":~i~i::,~~~~:~;,~o~~~~:: =~~~~~~:I~":::I~~ce, <br />1'. .."......!'IIItIIID............ Nolwithatanding Lender's acceleration of the sums secured by this Deed at Trust. <br />=::~:=~::~~=1::~1,:nJ:r=i~':r:~nJ::~~':~Op-::'~~:~t~~"ttt~:~~;;r~1~S;6nn:~n~I~~~~ <br /> <br />at Trull (il) entry of ajudgmen1 enforcmg this Deed ot Trullt It- (II) Borrower pays Lender alllums which would be the'l duo <br />under Chit Deed or Tru'L the No" and nO'lelleCunng Future Adv.ncBs. ilany. had no acce~tion occured:(bl Borrowsr <br />cur.. all bf..chell 01 any olh.r covenants or Igreernenls ot Borrower contained '" thi. Deed 01 Trust Ie} Borrower DByS all <br />fe&J.OI\AI)!e u.penlel incurred by lender and Trustee enforCing Ihecovenanm find agreementaof 8onower conlBlOed In thiS <br />Deed 01 Trust and In en'orclng lender's and Tru'l"'s remedle.a!l prOVided In par.oraph 1 B hereol. including. but not limIted <br />10 reasonable anorney'. t.... and 1(1) Borrower lake.. such action 8. Lend(H may reaaonabl\, reQuite 10 all5UfIP that lho 1I0f1 01 <br /> <br />::1~II~U~r~~'.m~I~' ~r;:;,e,s~~~ :1'~:~~dll~~r~rg:~~~~~I;~~:18~ ~~1 ,~~~ :~:;:rl~~t~I:~t~;'ll~l~~~\~,o~OT,~~~1 <br />'hall f~n It'l tun IOfee and ef'fec:'.~ If no ac.ctlltJlabon had OCc.u"ed <br />