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a <br />86. 143177 <br />iy award or claim for damages, direct or consequential, in connection with any <br />V. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />rperty, the proceeds shall be applied to the suns secured by this Deed of Trust, <br />fn the event of a partial faking of the Property, unless Borrower and Lender <br />died to the sums secured by this Deed of Trust such proportion of the proceeds <br />unt of the sums secured by this Deed of Trust immediately prior to the date of <br />'roperty immediately prior to the date of taking, with the balance of the proceeds <br />,er, or if, after notice by Lender to Borrower that the condemnor offers to'make <br />-rower fails to respond to Lender within 30 days after the date such notice is <br />apply the proceeds, at Lender's option, either to restoration or repair of the <br />:d of Trust. <br />agree in writing, any such application of proceeds to principal shall not extend <br />statlments referred to in paragraphs 1 and 2 hereof or change the amount of <br />i of the time for payment or modification of amortization of the sums secured <br />.ny successor in interest of Borrower shall not operate to release, in any manner, <br />lorrower's successors in interest. Lender shall not he required to commence <br />". to extend time for payment or otherwise modify amortization of the sums <br />ny demand made by the original Borrower and Borrower's successors in interest. <br />rer. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />not be a waiver of or preclude the exercise of any such right or remedy. <br />it of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />edness secured by this Deed of Trust. <br />.s provided in this Deed of Trust are distinct and cumulative to any other right <br />irded by law or equity, and may be exercised concurrently, independently or <br />pint and Several Liability; Captions. The covenants and agreements herein <br />:r shall inure to, the respective successors and assigns of Lender and Borrower. <br />ereof. All covenants and agreements of Borrower shall be joint and several. <br />is of this Deed of Trust are for convenience only and are not to be used to <br />luired under applicable law to be given in another manner, (a) any notice to <br />shall be given by mailing such notice by certified mail addressed to Borrower at <br />ess as Borrower may designate by notice to Lender as provided herein, and <br />:ertified mail, return receipt requested, to Lender's address stated herein or to <br />by notice to Borrower as provided herein. Any notice provided for in this <br />n given to Borrower or Lender when given in the manner designated herein. <br />t Law; Severability. This form of deed of trust combines uniform covenants for <br />h limited variations by jurisdiction to constitute a uniform security instrument <br />hall he governed by the law of the jurisdiction in which the Property is located. <br />his Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />crust or the Note which can be given effect without the conflicting provision. <br />f Trust and the Note are declared to be severable. <br />tc furnished a conformed copy of the Note and of this Deed of Trust at the time <br />on. If all or any part of the Property or an interest therein is sold or transferred <br />consent, excluding (tr) the creation of a lien or encumbrance subordinate to <br />:base money security interest for household appliances, (c) a transfer by devise. <br />t of a joint tenant or <br />Wray, at Lenders option, declare all the sums secured by this Deed of Trust to be <br />have waived such option to accelerate if, prior to the sale or transfer, Lender <br />e sold or transferred reach agreement in writing that the credit of such person <br />,t payable on the sums secured by this Deed of Trust shall be at such rate as <br />re option to accelerate provided in this paragraph 17, and if Borrower's successor <br />agreement accepted in writing by Lender, Lender shall release Borrower from <br />the Note. <br />:lerate, Lender shall mail Borrower notice of acceleration in accordance with <br />ide a period of not less than 30 days from the date the notice is mailed within <br />due. If Borrower fails to pay such sums prior to the expiration of such period, <br />id on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />and Lender further covenant and agree as follows: <br />provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />ist, including the covenants to pay when due any sums secured by this Deed <br />naB notice to Borrower as provided in paragraph 14 hereof specifying: (1) the <br />breach; (3) a dale, not less than 30 days from the date the notice is mailed to <br />ured; and (4) that failure to cure such breach on or before the date specified <br />the sums secured by this Deed of Trust and sale of the Property. The notice <br />to reinslale after acceleration and the right to bring a court action to assert <br />r defense of Borrower to acceleration and sale. If the breach is not cured <br />, Lender at Lender's option may declare all of the sums secured by this Deed <br />rithoul further demand and may invoke the power of sale and any other remedies <br />e entitled to collect all reasonable costs and expenses incurred in pursuing the <br />luding, but nol limited lo, reasonable attorney's fees. <br />shall record a notice of default in each county in which the Properly or some <br />I such notice in the manner prescribed by applicable law to Borrower and to the <br />Vier the lapse of such lime as may be required by applicable law, Trustee shall <br />W in the manner prescribed by applicable law. Trustee, without demand on <br />ction to the highest bidder at the lime and place and under the terms designated <br />and in such order as Tntslee may determine. Trustee may postpone sale of all <br />ouncemenl at the time and place of any previously scheduled sale. lender or <br />at any sak. <br />id, Trustee shall deliver to the purchaser Trustee's deed conveying the Property <br />I be prima facie evidence of the truth of the slalemenls made therein. Trustee' <br />In order: (a) to all reasonable costs and expenses of the sate, including, but <br />s V1 Of 1 % of the gross safe price, reasonable attorney's fees and costs of <br />Deed of Trust; and (c) the excess, If any, to the person or persons legally entitled <br />twithstanding Lender's acceleration of the sums secured by this Deed of Trust, <br />proceedings begun by Lender to enforce this Deed of Trust discontinued at <br />e fifth day before the sale of the Property pursuant to the power of sale contained <br />it enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would <br />ote and notes securing Future Advances, if any, had no acceleration occurred: <br />her covenants or agreements of Borrower contained in this Deed of Trust; <br />ncurred by Lendcr and Trustee in enforcing the covenants and agrecmcnts of <br />in enforcing Lender's and Trustee's remedies as provided in paragraph IR <br />ncreor, mcnrmng, our cur mmrcu to. rcasuna attorney's fees; and (dl Borrower takes such action as Lendcr Wray reasonably <br />require to assure that the lien of this Deed of Truo. Lcodet's intcrest in the Property and Borrower'% ohhg,rtion to p;p <br />M <br />