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b— 100887 <br />v t nnA.mna(ion :he ^rcarr.s t ins trio Ea,m (:,t dan:age< d:rec! or rnnsequem,tl •n connection with tins <br />:actor 1r. '::k,r.R of the PropeFw <br />part Iherent. !•l !,it ce.n%cyancc In lieu 'f nndcmnalion, are booby assigned <br />dlat: hr Hard ?.. rider - <br />r !n +hr e•�rnr .,f a !al +aking of the pr. ,vrly, the proceeds shall he apphed to the sums secured tbs this fk•ed of Trust. <br />with r r.,rs t ins, pad to Borrower in ;he event of a parrtai taking of the PropeHy, un!css Borrowr: aril± 1 ender <br />•r agree ^ w o,nst there `hall he arphcd to the wms secured by this Deed of Tnisl •.itch prnporrion of the proceeds <br />,. Ir•,I,i to it-, r,•r"nson wh,c!6 the amount of the sums secured by this [feed s f 'rust ummrdlatelc prior to the date Of <br />i;ete ".a:s r, it, I it, market • slue of the Property Immedla!eh error to the date of taking. with the balance of the ptrweeJs <br />�,I lint n,ur <br />'t the I'•atK'•,. �s �t,ac.i� o,,.! hs Brrt•�uer. of it ,ftcr rial+cr M I Crider to Borrnwrl that the ntafemner otTerc to make <br />Herod or srti:r .+ cta,rn t,,r .ttmagr, Iktrrruet laols it, resn.,nd is, 1 ender within tot ,tat •. .Huai the date such noti,e r <br />marled. Tender Is anthot :zed to collect and apply the proceed& .0 Lender.'s npt:on, either t,' Iectoration or repair oft the <br />j,a•rwrty or n, the sums secured by this feed of Trust. <br />1 -mess I enc!c. and Borrower otherwise agree to wrinng, am such appircat! n ,•f pr<• ^girds t:, principal shall not estend <br />r,r postpone the dire date of the monthly installments referred to to paragraphs ! and '_ he!c or change the amount of <br />such m%taltments toms ter lied <br />IN. Borrower Not Released. Extenaon r.f the time fnr payment or mollification of amnn,zation of the <br />+,s this heed of Trust granted by Lender to any successor n Interest of Borrower shall not op,•iatc II' release. in an% manner. <br />the I,andity of the original Borrower and Botrower's successors in interest lender shall Bert he required to ; omnrence <br />ptr.cedings against such successor of refuse u, extend time for paymem or otherwise modify amortization. Of ,he sum, <br />sccurcd SV this iced of Trust by reason of anv demand made by the original Borrower and Borrower's successors tit •,nrerest <br />11. Forbearance by Leader Not a Kaiser. .Am forbearance by Lender in exercising anv right or remedy hereunder. nr <br />oiherwise afforded by applicable law, shall not he 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 tender shall not be a waiver of Lender's <br />right to accelerate the maturity of the Indebtedness secured by this Deed of Trust <br />12. Remedies CumisWive. All remedies provided to this Decd of Trust are distinct and cumulative to any ,'[her right <br />r,r remedy under this Iced of Trust or afforded by taw or equity, and may he exercised concurrently, independently Or <br />'mcessiv'ely <br />13. Successors and Amigos Bound: Joint and Several Liability: Captious. The covenants and agreements herein <br />c „niatned shall hind, 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 captimns and headings of the paragraphs rot fts Deed of Trust are for t snvenicncc only and are not to be used tr <br />interpret or define the provisions hereof <br />t/. Notce. Fxcept (ur any notice regnned under applicahlc law to he given in another manner, la) any notice to <br />BnT -.ewer pio,'idrd for in this Deed of Trust shall he given by mailing such notice by certified mad addressed to Borrower at <br />hr Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />ht in% notice to 1 ender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to <br />steh other addres as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />IyccJ or Trust ••hali he deemed to have been given to Borrower or Lender when given in the manner designated herein <br />tt: <br />I S. Uniform Deed of Tru Governs Law; Severabliky. This form of deed of trust combines uniform covenants for <br />ncc and nnn- uniform covenants with limited variations by jurisdiction to consntute a uniform security mvrument <br />'erng real prnr-Ff% This Deed of Trust shall be governed by the law of the jurisdiction In which the Property is located <br />II, Ihr even! :ha- am provision or clause of this feed of I rust or the Note conflicts with apphcable law. such conflict shall <br />not afTccl mtict ^ ,'mons of this Deed of Trust or the Note which can he given effect without the conflicting provision . <br />and i , this end the provisions of the Deed of Trust and the Note are declared to be severable <br />Ic Bwrn,iefs Copy. Borrower shall be furnished a conformed copy of the Note and of this feed of Trust at the time <br />of cufcution or after recordation hereof <br />17. Transfer of the PrePtrr”: Asssrnptlen. If alt or any part of the Property or an interest !herein is sold or transferred <br />I,% Borrower wi,hnut Lender's prior written consent, excluding (a) the creation of a lien r,r encumbrance subordinate to <br />:his feed of Trust. (b) the --cation of a purchase money security Interest for household appliances, tc) a transfer devise. <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold +mtemsE of three years or less <br />TIM coniatmng an option to purchase, t ender may, at 1 ender's option, declare all the sums secured by this Deed of Trust to he <br />Immediately due and payable. Lender shall have waived such option to accelerate d, prior o, Ihr sale or transfer, Lender <br />.,nd the person In n <br />whom the Property is to he sold or transferred reach agreement ,n whng that the credit of such person <br />,c sa!tsfac!ous to I ender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as <br />I ender shall request It Lender has waived the option to accelerate provided in this paragraph 11. and if Borrowers successor <br />in interest has caecuted a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from <br />all ohiigattons tinder [his Deed of Trust and the Note. <br />It Lender exercises such option to accelerate. tender shall mall Borrower notice of acceleration in accordance with <br />paragraph Id hereof Such notice shall provide a period of not Its-, than 10 days from the date the notice is mailed within <br />which Borrows, n,av pay the sums declared due if Borrower fails to pay such sums prior to the expiration of such period. <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph Ill hereof <br />'vnV l 1N11.• Nl CIVFNANTs Borrower and Lender further covenant and agree as follows <br />Ig Acreicraiion: Remedies_ Facers as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in Ibis feed of Trust• irrt•Iudlttg the covenants to pay when doe any sews secured by ibis Deed <br />of Trttvt. Linder prior to acceleration shall mail notice to Borrower as provided in peragrapb 14 hereof a'erifyift: (1) the <br />breach: f21 she action reprred to cure such bRarki (3) a date, not Iew than all days from the daft the metier b mmYed to <br />Borrower, by which such breech mast be cord: and (+t) thal failere to cure such breach on or before the done tt/eciied <br />in Ike eor)ce may results is acerlereliom of the suns secured by this Deed of Truitt and see of Me prepeA". This! Notice <br />chap further inform Borrower of rise right to reinstate oger acceleration and the right to bring a count action to aweA <br />she min- eaisrence of a deferh or any other defense of Borrower to acedrrnlioe end sale. If the Meech is not eared <br />on or befuce she date vpecN)ed in the notice, Lender M lAnder•s option may dreise ON of the sane secure by tlds Did <br />of Trust to be imenedistely dale and payable -1 -1 l barber dtesnrd and my invoke The power of safe end my other remedies <br />permitted by appikable bar. Lender s beN be entitled to collect aN remenoMe cost end eapensa Incurred M pursuing rte <br />re INdks provided in lksk paragraph Ill, hsclu 11 . but Net Nmhtd to. reaeenrbk a twmy's fees, <br />ff me peer of ale is hasdtmd. Trustee sbatN record a ssetiet of ddmtdt in each courNy b "Is" "its, Property s Seem <br />part Msrreof k loceied ad it" small to"" of such nMkr in the ONw F prescribed by epplicebk brw to ON owe. ant to riot <br />other rNaed by appMcoble bw. Af ter the loW of each flee m try be Iqu 'so d by appReable hw, Trowee std <br />give PaW entire of ask N she pessper and in the manner prewriked by app -, '" low. TrtaMat, wMMuf demand as <br />forfewn, shall still The Proper" et pubNe awrfien it. the highest bidder M be than and place acid easier one ttl designated <br />In the notice of safe In one or move pereeis mad in such order a Trustee may determine. Trustee may pee II sek of mN <br />or any parcel of the property by puiic auebawctmtul of the time mad piece of my pteviD"y sebedukd ask. Lewder or <br />t.tndrr•s d►signee may pastimes Ne prgtrry M my "k. <br />Upon receipt of pnymaM of the price bid. Trustee shop "ver To the percheeer Tnsfee's deed cewystyie-o the property <br />stall. The recirah in the Truslee's died shell be prima facie evideucr of the fresh of thist statement rode therein. Trustee <br />shall apply she Proceeds of the ask in the following ender: (a) to on ressoweble cost and expenses of the sek, Including, bet <br />two limilyd to, Trrslre's fen of not mat then _ _ _ _ . _ ._ % of the grow sink price, reameak Mleraty's lea end cast of <br />title " "dime-. (M to sill sums stirred by this Deed of Trust; rand ic) the excess, N any, to rht person or peim m kWy entitkd <br />thereto. <br />1+. Novo pr's Right to ReinMatt. Norwithslanding Lender s ace Irnt nn tit ,he wms secured by this feed of Trust <br />fl wcr sat0 hair the right to have a<v pr,xecdings hrgun by lender to en4,rse :his DeCd of Trust Jlscontmued at <br />t, Ihr carper to occ,u if f,i the firth Jas hcforc the saie if the Propene pursuant to the power of sale contained ] <br />h fly i - i f t •[ or hU entry of a Iadgrneni criforcang this Deed of Trust it ia) 9orrc,wer ,ass 1 ender all soma which wit ,ld r, } <br />,1•-te n fee his Derd of Trost, the 'dote and notes wLm-rig Future Adsances. :f any had no aeeeteration nccurrrd. wD <br />I e•• all hteaches .,I tins mhtr sovenants or agreements of Borrower contatned in this feed rat Truth. �M ;t <br />ri c :, ail reasonai,le r,pensc incurred by Lender and Trrvee to enforcing .he covenants and agreements of <br />1 _.rice In hit feed,.4 T ,:al and in enfrtrcIng lender, and Tr•.. Ire: .emed,rs as provided In paragraph Ip .g <br />aU! not hmr,rd !I, ,eau,n shle Ittor nry s fers acrd test Bur rawer iakc, s.,t I, 3c t,on as T ender man rrav n a h i s <br />I,aI ,hr ,rt, .,r I,),, feed o! tn,a 1 ender , tnlere'I .. +he I,,,"'r,. a, .I ­­­C, ,,hhrrar,on ,,, t r <br />i <br />