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<br />4. C.ondewmawbn- The proceeds of any award or claim for damages. direct or consequential, in connection with any
<br />co:tdamnation or other taking of the Property, or pan thereof, 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 Properly, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the excess, if any, paid to Borrower in the event of a partial taking of the Property, unless Borrower and Lender otterwise
<br />agree in writing, there shall be applied to 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 imimediately priorto the dale of faking bears tothe
<br />fair market velue 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 10 Borrower that the condemnor oilers to make an
<br />award or settle a claim tot damages. Borrower fails to respond to Lender within 30 days shin the dab 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 thts Deed of Tn net.
<br />Unless Lender and Borrower otherwise agree m 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 1 and 2 hereof or change the amount of such
<br />installments
<br />10. Borrower Not Released. Extension bf the time for payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by tender 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 trade 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 remedy. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness seci,red by this Deed of Trust
<br />12. Remedies Cumulative All remedies provided =n this Deed o' Trust are distinct ano cumutatrve to any other right or
<br />remedy under this Deed of Trust or afforded by law or eourty and may be exercised concurrently independently or
<br />successively
<br />13. Successors and Assigns Bound; Joint and Several LiabiUty: Captions- Tree covenants and agreements herein
<br />contained shall bind. and the rights hereunder Snar inure to. the respecDve successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragrapr: i - nereof Ali covenants and aai eemerts of lion owe• shalt be joint and several The
<br />captions and headings of me paragraphs of tins Deed of Trust are for c, ^- ence on'y ;rid are m,;t to be used to interpret or
<br />define the provisions hereof
<br />14. Notice. Except for any notice requited under eopticable law tc be giver in another manner. (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be grvEn 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 />tender shall be given by certified mail i eturn receipt reauested, to Lender s address stated herein or to such other address as
<br />Lender may designate by noticeto Borrower as prrrv.ded herein Ariv notice provided for i^ mis Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender wren given .n the manner designated herein
<br />1S. Untim Deed of Trust; Govemmg Law; SeverabW*y The form of deed of trust combines uniform covenants for
<br />national use and non- uniform covenants with ftm4ed variations by ,,,rrsdiciior to consrfute a uniform security instrument
<br />coveringreal property. This Deed of Trusf shall be governed by the 'aw ul tine ;uitsdretron .r: which the Property is located. in
<br />theevent that any provision or clause of this Deed o' Trust or the Note contficts with applicable law, such conflict shall not
<br />affect other provisions of this Deed of Trust or me Mote w^nch car be. given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust ano the Note are declared to be severable
<br />16. Borrower's Copy. Borrower shalt be f.,r ^,shed a r *former•, copy of me Note and of this Geed of Trust at the time of
<br />execution or after recordation riereat
<br />17. Transfer of the Property. Assumption. it @ii w any pan u• trip property or an interest therein is sold nr transferred by
<br />Borrower without Lender's prior wrilf— consent, excluding sal the creation of a iren or encumbrance suoordinate to this Deed
<br />of Trust. (b) the creation of a purchase money secu: ity interest for household appliances. (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant or idithe Grant of any leasehold interest of three years or less not containing an
<br />option to purchase. Lender may. at Lender s option., declare all the sums secured by this Deed of Trust to be immediately due
<br />and payable Lender shall have waived such option to acc(• •:rate if prior to the sale or transfer. Lender and the person to
<br />whom the Property is to be sold or Trynslwred reach agreement in willing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums sec :fired by th,s Deert ni Tru4r shah be at such rate as Lender shall request If
<br />Lander has waived the option tc accelerate provided in this paragraph ana if Borrower's successor in interest has
<br />executed a written assumption agreeme ^t dcceGtnc isnl+n^ ^:y ;c 1 ^fi- spa --leaf a Borrower from, all obligations
<br />under this Deed of Trust and the Note
<br />if Lender exercises such option to accelerate .enoei yr,ai fria.' Borrower nonce of acceleration in accordance with
<br />paragraph 14 hereof Such notice shall provide a Penoo of of less that K gays tram the date the notice is mailed within which
<br />Borrower may pay the sums tlectared due 't Borrower '.ales tc pay >uc.h Burns prior to the expiration of such period. Lender
<br />may, without further notice or BerrarC - •. 3orrower .nvpka. a, y c- :edies vermitled b; odragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lendet fuit1w covenant and agree as follows.
<br />16. Acceleration; Remedies. Except as prc,idi� paragrap" hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust 1,•ciudrng the covenants to pay when due an v sums secured by this Deed of Trust.
<br />Lender prior to acceleration shat. ma.. notice to Borrower as provided ,r. paragraph 14 hereof specifying. (1; tt•e breach. (2) the
<br />action required to cure such breach, (3) a date, not less Inar, 30 days from the date the notice is mailed to Borrower, by which
<br />such breach must be cured. and (41 that failure to cure such breach :)r c r before the date specified in the notice may result in
<br />acceleration of the sums secured by finis Deed of Trustano sate of the Property The notice shah further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assen the nor - existence of a default or any other
<br />defense of Borrower to acceleration and sale It the breach is not cured on or before t fie date specified in the notice. Lender at
<br />Lender's option may declare art of the sums secured by this Deep of Trust to tie immediately due and payable without further
<br />demand and may invoke the power of sate and any other remedies permitted by applicable law Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remed,zs provided in the paragraph 18. including, but not
<br />{smiled to, reasonable attorney's fees
<br />If the power of sale is invoked. Trustee shalt record a notice of default in eacn county ;n which lase Property or some part
<br />thereof 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 law 0.tter the lapse of such time as may be required by applicable taw. Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee. without demand on Borrower,
<br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of safe in one or more parcels and in such order as?rustee may, determine. Trustee may postpone sale of all or any parcel of
<br />the Properly by public announcement at the time and place of any previously scheduled sale Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold
<br />The recitals in the Trusee's deed shall be prima facie evidence of the truth of the statements made therein Trustee shalt apply
<br />the proceeds of" 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) W all sums secured by this Deed of Trust: and (c) the excess. it any. to the person or persons legally entitled thereto
<br />11, sorrgwer's Ri01M to Reim I I . Notwithstanding Lenders acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have" fight 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 fi)the fifth day before the sale of the Property pursuant to the power of safe contained to the Deed
<br />of Trust till entry of a judgment enforcing this Heed of Trust if (a) Borrower pays Lender al! sums which would be then due
<br />under this Deed of Trust. the Note and notes securing Future Advances. if any had no at.ceieration occured (b) Borrower
<br />cures all breaches of any other covenants Or agreements of Borrower contained .n this Deed of Trust ;(. Borrower pays ail
<br />rea3rir able P.xpen Yes tncu(rbd by i anger and Trustee er;tor Carig the covenarts and 3grEremer't5 of Bpriower CC,ntA.ned in Tnis
<br />Deed of Trust and in. enforcing tender s and Trustee 5 remedies as pr,�,v,ded paragrapr, f rl npfeoi • . •;) ung but riot I,niilRd
<br />I'D reasunAbtF attorney sfees and id, Borrower takes S Jcr %aGtrOn as Lerile• ay rCiS•,•,aDly tp,.w:rt- 1, ris- V trial the ••r'•
<br />ttuy Deiild of 1 st :_enoer s ,merest in trip Property and BGrrvwer s oGi,gat,or tc t=ar ring < <. sir i i reiF•c' ,r `fir
<br />5r•3ll continue .,r.+mf.a•rt>d Upon Svct pa n ens std c,,ie hr Boris, n,,, Geed o r .re• ..,,.,, ct r
<br />stall repai r'. fir, }i.it for cc, and effect as if no ar(eief at rot had 7r r_ur r gd
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