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87® 101179 <br />S. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />ere- •-atcn or c,her •a1ung Of the Property, or partehereof, 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, it 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 io 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 fails 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 t and 2 hereof or change the amount of such <br />installments. <br />10. Borrower Not Released. Extension of the time for payment or mod;fication of amortization of the 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, the <br />liability of the original Borrower and Borrower's successors interest 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;n 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 of the payment of taxes or other liens or charges by Leerier shalt not be a waiver of Lender's right to <br />acceterate the maturity of the indebtedness secured by this Deed of Trust <br />12. Remedies Cumulative All remedies provided in this Deed of Trusi are distinct and cumulative to any other right or <br />remedy under this Deed of Trust or afforded by law or equity. and Tay be exercised concurrently, independently or <br />successively. <br />13. Successors and Assigns Bound; Joint and Several Liability-, Captions. The covenants and agreement's herein <br />contained shall bind and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. <br />subject to the pro..s• ors cf paragraph 17 hereof Al'; c� ;,nant<_ a -d a:-eere -ts at Borrower shaf! be joint and several. The <br />captions and neawngs of the paragraphs of this Deed of Trust are for cc,-tnieoce oriv and are not to be used to interpret or <br />define the provisions hereof <br />14. Notice. Except for any notice required under applicable laisslg-w en, nanomermar „W. =.a) any notice toBorrower <br />provided for in this Deed of Trust snail be given by mailing such notice o, cert <.tieu mail addressed to Borrower at the Property <br />Address or at such other address as Borrower may designate oy notice to Leruser as provided herein. and (b) any notice to <br />;ender snail be given by certified mail, return receipt requested. to Lernder'saddress stated herein or to such other address as <br />Lender may designate by rotice to Borrower as provided herein. Any rionce provided for,.. this Deed of Trust steal! be deemed <br />to have been given to Borrower or Lender when given it the manner designated tverern <br />1 S. uniform Dead of Trust; Governing Law; Sevwabilty. The form of deed of trust combines uniform covenants for <br />national use and nor. - uniform covenants with limited variations b} runsd3;,tion t3 co.:satute a uniform security instrument <br />covering real orocerty This Deed o` Truss shaft be governed by fine saw of tie jurisdiction it wf:ich the Property is locatel M <br />the event that any oravisio Jr clause of this Deed of Trust or the rote cor.` :-_� N ffh 3CX `scabre law. such carrict st w, not <br />isl other of this Deed of Trust or 'he Note which can be Grven eff-cr uttrevf ^fticbngprovistons andtcttis <br />end !1,e provisicrs of the Deed of Trust and the Note are declared to be severable <br />16. Borrowers Copy- Borrower shall be furnished a conforried cocvy of the N-< ,e ana v f m,s Deed ^.f Trust at the rime of <br />execut}on or ail recordat=on herec' <br />17. Transfer of the Property; Assumption.:' _ <br />5orrowerwitho�!L✓-_rde spr torwr� 'e.t-4-r.sent.axc�,d,ny,a•t he czeati onofa -: a -- orenjci, ;.0 ;an_es.00,d,n$te.o flis Deed <br />o' Trust (bi the creation of a purchase morzy security interest for housenoic app;+anses is a aansfer by devise descentorhy <br />operation of taw upon Me death of a joint tenant or (d) the grant of any leasesho d infer.est of tn-ree years or less not containing an <br />option to purchase. Lender may. at Lender's option. declare ail the sums sec.ired ty *fits Deed of Trust to be immediately due <br />and payable Lender shall have waived such option to accelerate if, prior to the safe or transfer. Lender and the person to <br />whom the Property is to be scla or transferred reach agreement ir, writing that tree credit o' suc>: Person is satisfactory to <br />Lender and mat live interest payable an the sums secured Oy tri s Deed of Trust mail beat such rase as Lender shall request. N <br />Lender has waived Me cpren ",d accelerate provider fir tris par roc^ ' : anc ? Barr -wers successor in interest etas <br />executed a ,vrmer, assumption agreement accecled ,n w !'ln :: tiv ter,-,= , _ - - ^_e. s 4' re;e =se Ao,r._wer f*pm a! otti+galfons <br />under this Deed of Trust and the Note <br />if Lender exercises su,' option to ac_eierate _ender s^s- .3 Bo —,.per ^-r* -_e o` acceleration In accordance with <br />paragraph 14 hereof S,cn notice shat: provide a aenri of c oils * x e a±et a notce is mailed w f� i wn c <br />Borrower may pay me sums declared due 'f Borrower ta,ts t ;--.ar s _µ- -” s ;_. ^.s prise to tfie expiration of such period. _erCe.- <br />may. witho�l fu ^.her rtoi:.ce cr demo -d cr Scrrgww l,l ! -, r_ _ .._. eer*rilyed bill a- graph 16 hereof <br />NON- UNiFORM COVENANTS. Borrower and Lender hwiher covenant and agree as foll ows <br />_ <br />18. Accslembon: Remedies. Except as oroa oE_ - r -r _lap- er Yf °.trio- rr =r ewer s breach of any covenart er <br />agreement of Borrower ,n m,s freed of Trust. :r.c :ad,rd tie � ve^ar,ts *^ pay Then ove any sur^s se.:ured by mis ireEKl cf'rust <br />Lender prio.toacceterationsh<.l' a' ^cr,;a•oBo - -eras. <br />action required to cure such breach..31 a date not 'less t'=an 33 caysf" -Dm Lfhe date tt'e notice is mailed to Borrower, by whrc^h <br />such breach must be cured ar,d i4`'"t failure± . c:;re silo. -`'. treact+ a or before the date specified in tte r!grice may result n <br />acceleration of the sums secured by th,SDeed ci Trust ar -C Sale of the "rooeit4 The .^ -once snail further inform Borrower of the <br />right to reinstate after acceleration and She rid ^.t '0 bang y court ac, :i-n to assert "[e -or. -existence of a default or any other <br />defense of Borrower to acceleration and sale N the breach .s not cured ^^ or before the oate specified in the notice. Lender at <br />Lender s option may declare all c' *.vie sums secured by tn:s Deec of US! TO be lernedfaWy due and payable without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />cotfect ali 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 eacr ceuriy ,r. which the Property or some part <br />thereof is located and strati mail copies of such notice in the manner prescribed by appticable taw to Borrower and to the other <br />- <br />persons prescribed by applicable law. After the lapse of such time as may be required b. applicable law. Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by applicable law Trustee without demana on Borrower. <br />Shall sell the Property at public auction to the highest bidder at the time and place and ;.coder the terms designated in the notice <br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of <br />the Property ov public announcement at the time and place of any Dreviousiv scheduled sate. Lender or Lender's dfisianan <br />- - - - - -- <br />-� <br />may purchase the Pr <br />Property at any sale. <br />- <br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying a Property sold. <br />The <br />recitals n the Trustee's deed shall be prima facie evidence of the truth of the statements made therein - Trustee shalt apply <br />the proceeds of the sale in the following order (a) to all reasonable costs and expenses of the 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 of title evidence. <br />(b) to all sums secured by this Deed of Trust and (c) the excess, it any, to the person or persons legally entitled thereto. <br />1f1. Barrowei a Abet to Rehialata. Notwithstanding Leader's acceleration of the sums secured by this Deed of Trust.�r <br />Borrower shall have the right to 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 me sale of the Propoi ry pur-uart to thle r ,*,er of safe rnntained in the Deed <br />j <br />of Trust (it) entry of a judgment enforcing this Deed of Trust if (a) Borrower pays Lender at! 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 />cures all breaches of any other covenants or agreements of Borrower contained ,n his Deed of Trust (c) Borrower pays at! <br />reasonable expen5es,ncurred by Lendef and Trustee enforcing the covenants ana agreements of Borrower contained in this <br />Dissect of Trust t, ^,1 in enforcing Lenders and Trustee's remedies as provided in paragf aph 18 hereof nCtuding, but not limited <br />to r+3a }itnah-r IttrArneY S fens, and (d) Borrower takes sur,ri action as Lender may reasonar'y require to assure tha! the lien of <br />(tflg f;IMVi t7f Tr -tit ' - ender rq .r�teregt to the Prnpi?fty and BOrr6wei5 Ib!,gation t0 pay ine =UmS 4r>i pied by 11,r5 DPeif „f T /t15i <br />;f1HC GOn hrnlq i;=„rnpaRn4 4itirhn Si,ch ( :� ; ;nNnt eihd CUre by Bt)rrOW Or fri5r?tled Ol T- rust ar- 7th.•. =hngaPt-,`. °.rlCk,i,•,t hpiFby <br />41.8:; + .isle. r... - -, 1­­- n-1 wffErt as 1 •„ ill -ti'll- n °ifiu'- Wel'n' i.ilir+[f <br />