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X <br />#. Coodmasoolim The procurds of any award or claim for damal", direct or polumquonti4l, in connection with any <br />tatilop of the Properly, or Part lbsurooI or for cnliveyance in lieu of cOndminsilm, are lm <br />and a be pod to . <br />In ft overt d a to", taking of be Property, the proceeds shall be applied to the sums secured by this Dad of Trutt, <br />with if any. to Borrower. In the event of a partial taking of the Properly, un Borrower and LaMar <br />in writ' omwie doll he applied to the sums secured by this flied of Trust such proponiop of the pr <br />as is a Murat which the amount of the sums secured by this of Trust im iately prior to the date of <br />taking to fair market vahm of the Property immediately prior to the date of taking, with the balance of the proceeds <br />Paid to <br />N that Property is almaidonvill by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an ward or settle a claim for da rower fails to respond to fender within 30 days after the date such notice Is <br />sluslisk Lender h toeffect ' &PA apply the proceeds, at Leader's option, either to restoration or r of the <br />Property or to the aunts secured by this Dead of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due dab of the monthly installments referred to In paragraphs 1 and 2 hereof or change the amount of <br />Such iNIUNWAOU. <br />16. Barsetrn NM Rdessed. Extension Of the time for payment or modification of amortization of the sums secured <br />by this [lead of Trust granted by Leader to any successor in interest of Borrower shall not Operate :o release, in any manner, <br />time liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against sine successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Deed of That by remon of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbosromrs, by Leader 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. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this fwd of Trust. <br />12. Rome" CaamniaHwe. All remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />or remedy under this Dead of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />13. noAn" trAn" Booed; John nerd Several I hsbtMty; Captious. 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. <br />The captions and headings of the pararaphs of this Deed of Trust are for convenience only and are not to be used to <br />interpret or dedw the provisions bawl. <br />14. Nsdee. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Leader may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Treat shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Deed of Trait; Cerernisng Law; SevtmbMty. This form of deed of trust combines uniform covenants for <br />national use and riot- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering teat property. nil Deaf of Treat shall he governed by the law of the jurisdiction in which the Property is located. <br />In the event Ihat any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision. <br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable. <br />hi.. Boeowsr"s Colpy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or aft ncosdi tion bereof. <br />17. Tsmrfor:of the rimpostyl Am mW* m. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower 'hander s prior written consent, excluding ia) the creation of a lien or encumbrance subordinate to <br />this Deed of Tnet. (b) the erwtios of s purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not coatammiR; an option to purchase Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be <br />due e and payable. Lard Te <br />Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the parson to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Leader and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as <br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />in moorest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations under this Deed of Treat and the Note. <br />IfIginder exercise such option to accelerate, Lender shall 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 <br />which rower may pay the rums declared due. If Borrower fails to pay such sums prior to the expiration of such period. <br />Louder may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />NoN- Umrootm COVENANTS. Borrower and Lender further covenant and agree as follows: <br />It Acceleration; Remedies. Except so provided in paragraph 17 hereof. upon Borrower's bsemb of my coved or <br />ogragnsiont of Serrower in this Deed of Trued, facheding the covenants to pay wben due any some secured by this Deed <br />of Trust, Louder prior to acceleration shall marl notice to Borrower as provided in paragraph 14 bereof specifying: (1) the <br />broads (2) the aeMsm required to east teach bri sch; (3) a date, nol lees thus 30 days from the dose the notice Is maied to <br />■artewer, by whkh such breach metal be eased; and (4) Hut fulltwe 10 ease such blench an or before the daft specified <br />in she uotiete any ntemnk a accelersHmm of the sumo secured by ibis Deed of Trent and ask of the Property. The notice <br />slang fu rober loom Borrower of the right to rehnetafe after acceleration and the right to bring a court action to avert <br />fa son— oubseut of a ddamk or my sober defense of Borrower to accekrsell" and side. If the breach is no eased <br />ass or kids the daft specified In the notice, Leader us Lender's option may decease all of the saes secured by this Deed <br />of Tray N ie hmneillinfaly due and payable without further demand and may Invoke the power M sale and any other remedies <br />by apill", 11 law. Lender shall be eM1Hed to cofieci all reasonable cash and expenses incurred In pursuing the <br />nasrtMes prom" in ab paragraph 1g. Ii R, bat aol kited to. rtumainsible Mtoraey's facts, <br />IN the panti d ale Is invoked, Trustee slap record a notice of defadl In catch count a which the Property or somre <br />paR is scaled and shall MO copies of seek notice a the manner prescribed by ngp cable law to Borrower and to the <br />apse pusoms praalbd by app Bcable low. After the apse of such Ikme as may bercq tired by appBctr6le taw, Trustee shag <br />ptabBe atr0 to of ads M the pima and a the manna prescribed by applicable law. Trustee, wkhmmo demand ore <br />. i0 sell the Property M prbfic s sod" N the Ifghmi bidder M the time and pace seed ender the terns ddgnoted <br />in an radii of sole its one or anal Arcels t�utmad a sect order as Trustee may determine. Tree may postpone ads of all <br />or my pared of Mn MpMy by public of the time and pace of My previously scheduled suds. Lender or <br />Z�sang <br />lr ea a eMll p "s spme yut soeaTrf na: elMs nw oott t of e aT r'oe le t d ma eeo d Hre ise Mt afnMg m s o_ bt w e .a: . l rmpg .r.y ri. t d b .a.o. m gua led.e . or . .l <br />fbwvw <br />s. e le n.. k (M .a. ! e da reBlode avf ell u!r hc c e ao g arHt o ast ts h pe a mtle rrcutc brpah irsi b ca o ef a , Tenre kd n e ue az le ael'es mhteae�ofd tf er trfmontorear yr lae'e s y leh tthe, e en r teaeana ti . P cTroorspw. h eb rkd tac y 1 <br />seetad by Mats Ittd d Tit mead IN the esc, N any, to the pertsat or pe I�aBy talked <br />19. Swrowees Right to RehoMk. Notwithstanding I.cndtr's acceleration of the sums secured by this Deed of Trust. <br />Dorroweir sW have the right to have any proceedings begun by tender to enforce this Deed of Trust discontinued at <br />Ifflus PI to the corbot to mcur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained <br />in this Deed of Trust or Die) entry of a judgment enforcing this Deed of Trull if' (a) Borrower pays I.endet all sums which would <br />he thm due under t of "frost, the Now and rotes sae oring future Advances, if any, had no acceleration occurred; <br />fbt Borrower cum all brescheii of any (Aber covenants of agreements of narrower contained in this lamed of truss: <br />(e) 111"Irower pays an rom000ble expenses ireurted by tender and Trim" in enforcing the covenants and agrCCAnC111% (if <br />Bow c its rhos Dood of 'trust and m entoming I.c f's and Itimee's remedies as ptovided in paragraph IN <br />tioreI i not limited to, reownablie attorney`s 1 , and fdi nlNruwCr take such action as I endlem may reaa*nahlN <br />far to asswe (fast tbe lien of tins Deed of 1rus(, Lendrr'r intervil in the Property and norrower's ohlitiAnon to pas <br />