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R. G The piocoods of any award of claim lot damages, direct or consequential, in connection with any <br />condemnation of other taking of the Property, or part iheraol, or for conveyance in Beet of condemnation. are h sreby a.. grted <br />and I be paid to Lander <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this 000 of Trust, will <br />the excess. if any. paA to Burrower. In the event of a partial taking of the Property, unless Borrower and Lander otherwise <br />agree in writing, there shall to applied to the sums secured by this [lead of Trusl such proportion of the proceeds as is aguelf to <br />that proportion which the amount of the sums . land by this Dead of Trust fmmediallsly prior to Me daft of i to the <br />friar value of pf iately prior to the date of taking, with the balance 01 pr pad cheer, <br />If Property is nda by Borrower, or if. after notice by Lender to Borrower that the condemner oftemi to make an <br />a of a claim lot 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 procoods, at Lender's option, either to restoration or repair of the Pr 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 snail 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 />instatfinertts. <br />10. borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this <br />Dead of Trust granted by Lender to any successor ih interest of Borrower shall not operate to ralossis, 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 tot 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 romody. The <br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be n waiver of Lander's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />12. RomiWisis Cumulative 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 concurrently, independently or <br />successively. <br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements 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 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 not to be used to interpret or <br />define the provisions hereof <br />14. Notice. Except for any notice required under applicable law to be given in another manner, fa) any notice to Borrower <br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property <br />Address or 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 or to such other address as <br />Lander may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed <br />to have been given to Borrower or Lender when given in the manner designated herein <br />15. UrNforta Deer! of Trust; Governing Law; Severabli ty. The form of deed of trust combines uniform covenants for <br />national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering rent property. This Deed of Trust shall be governed by the law of the furisdiction in which the Property is located. In <br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not <br />affect other provisions of this Deed of Trust or the Note which can be given affect without the conflicting provisions, and to this <br />end Me 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 of the Note and of this Deed of Trust at the time of <br />execution or after recordation hereof <br />17. TranoW of Me Property; Assumption. It fill or any part of me property or an interest therein Is sold or transferred by <br />Borrower without Lender's prior written consent, exciuding Jaffna creation of a lien or encumbrance subordinate to this Deed <br />of Trust, (b) the creation of a purchase money secunty, Interest for household appliances, (c) a transfer by devise descent er by <br />operation of law upon the death of a joint tenant or fd) tho grant of any lansehold interest of throe years or less not containing an <br />option to purchase. Lender may, at Lender's option, declare alt the sums secured by this Deed of Trustto be Immediately due <br />and payable. Lender shelf have waived such option to accelerate it, prior to the sale or transfer. Lender and the person to <br />whom Me Property is to be sold or transferred reach agreement in waling that the credit of such person is satisfactory to <br />L and that the interest payable on the sums secured by this DeM of Trust shalt to at such rate es Lander shall request. tf <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 l c rd"r. 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 small mail 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 If Borrower tans to pay such sums prior to the expiration of such period, Lender <br />may, without further noire or demand on Borrower, invoke Any rrx,- ,edies permitted by paragraph 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows: <br />1t. Accoloration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or <br />agreement of Borrower in this Deedof Trust, Including the covenants to pay when due any sums secured by this Deed of Trust, <br />Lender prior to acceleratioa 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 moiled to Borrower, by which <br />such breach must bee cured: scot (4) that failure to cure such breach on or before the date specified in the notice may result in <br />acceleration of thesums secured by this Deed of Trustand sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />soof Borrower to acceleration and sale If the breach is not cured on or before the date specified in the notice, Lender at <br />L '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 invoice the power of sale and any other remedy s permitted by applicable law. Lender shall be entitled to <br />coltectall reasonable costsand expenses incurred in pursuing the remedies provided in theparagraph 18. including, but not <br />[mvftd b, reasonable attar ffi fen <br />if the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part <br />ersf is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other <br />persons prescribed by applicable taw. After the lapse of such time as may be required by applicable law, Trustee shall give <br />public notice of sale to the poisons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice <br />of We in one of more parcels and in such order as Trustee may determine. Trustee may postpone sate of all or any parcel of <br />thar Pr by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee <br />way purchase tho Property at any . <br />Upon recialptof paymentist Ow Mice bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. <br />The recitals in the Truoli deed shall be prime facie evidence of the truth of the statements made therein. Trustee shall apply <br />00 Proceeds Of el, the following order: (a) to all reasonable costs and expenses of the safe, including, but not limited to, <br />Trustee's follip ofnor more Man - %o f the gross sale price, reasonable attorney's fees and costs of tide evidence; <br />(b) to as sum secured by Mtis Deed of Trust; and 4c) Me excess, if any, to the person or persons legally entitled thereto. <br />111111. §Sffowoes OSM to Relinelloile. Notwithstanding Lender's acceleration of Me sums secured by this Deed of Trust. <br />have MO fight In have any pfoceadingtirbegun byLendertoenforcethe Deed of Trust discontinued at any time <br />W T M occur of ft) the rrftit day a Meseta of the Property pursuant to the power of sale contained in the Deed <br />(ii) y of a judgment enforcing this Dead of Trust if: (a) Borrower pays Lander all sums which would be then due <br />of Trust, the Note and notes securing Future Advances, it any, had no acceleration occured (b) Borrower <br />cur 00 Wenches of any ~ covenants of agreements of Borrower contained in this Deed of Trust (c) Borrower pays all <br />reasonable aspens" c Incurred by tender and Trustee enforcing the covenants And agreements or Boreow€, contained inthis <br />t 3 of Trust and ,r; enl8efe,ng Lender's and Trustee's remedies as provided on paragraph 16 hereof mcludtr,g, but not llmitrtd <br />to, r gn ,rtgf}rrrxry s to", and (d) Ht, W)w(lif takes such action as Lender n +ay roatsonAhly i r,14wo to asseireA that the lien of <br />9)111 tit ref Try- W t. r + s> l to ttie Pt(4mtty and Horiower'% obtigalwo In pny it e «sw7,, %"A wN,s t.iW it"!, Ucrrnl of 7 f ont <br />9ls; i Gopur"ie urrarr PwfWj ijvfe ri %root payment mrio iura by tlotrrrwer. this 17 ercf of Tni ,t an,t ii P :<,ilsei�, , 'o. rir N+.t hwieby <br />`t�?f r aasr, rr� trio° lrare.A coact @Raja at" nsa ar(XW*?fJr101Y hac9 rWr. =irtlm1 <br />