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MI <br />Coaiemoolim The proceeds of any award or claim fur damages. direct or consequential, in connection with any <br />condemnation or otber taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shag be paid to Leader. <br />In the event 4 a total tokin o[ the Property, the proceeds shall be applied to the sums secured by this Deed of Trust. <br />with the excess, ill any, paid to r. In the event of, a- partial taking of the Property, unless Borrower and Bender <br />otherwise agree in writing, there shall be applied to the sumssocured by this Deed of Trust such proportion of the proceeds <br />as is equal to tbat proportion which the amount of the sums secured by this Dad of Trust immediately prior to Use date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid` to If Borrower. , <br />1m, Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for dama)Pfs, Borrower fails to respond to Lender within 30 days after the date such notice, is <br />mailed, Lander is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Deed of Trust. <br />Unless Leader and Borrower otherwise agree in writing, any such application if proceeds to principal shall not extend <br />or postpone the due date of the mouibly installments referred to in paragraphs I aad 2 hereof or change the amount of <br />10. Bonower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Deed of Trust granted by Leader to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commetace <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Heed 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 ).ender 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 faxes 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 Deed of Trust. <br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />successivelyy. <br />13. Snccessars and Amigas Bored; 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 he joint and several. <br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under appplicable 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 Lenders 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 Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Deers of Trust; Governing Law; Severabilky. This 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 real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located. <br />In the event that 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 in be severable. <br />If. Borrowees Cory. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or after recordation hereof. <br />17. Trander of the Property; Assrmptioa. If all or any part of the Property or an interest thereon is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />this Deed of Trust, (b) the creation of a 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 <br />Lender may, at Lenders option, declare all the sums secured by this Deed of Trust to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender 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 interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations under this Deed of Trust and the Note. <br />if Lender exercises 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 d. ys from the date the notice is mailed within <br />which Borrower may 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 18 hereof. <br />Note- Utvrr -oltm Covertiurtrs. Borrower and Lender further covenant and agree as follows: <br />Ig. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />a3reement of Borrower in this Deed of Trust, including the covenants to pay when due any divas secured by IbiE Deed <br />of Trust, Leader prior to acceleration shall mail notice to Borrower as provided in paragraph 14 pere*f ylag (1) the <br />breach, (2) die action required to care such breach; (3) a date, not less than 30 days fr4tq,tke st ,the is to <br />Borrower, by which each breach must be cured; and (4) that failure to rare such breach oO pr "7felorepad <br />in the notice may ntsak in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice <br />sLA tartber inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert <br />The sum4fiiMence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured <br />on or before the date specified in the notice, Lender at Leader's option may declare all of the sums secured by this Deed <br />of Trust le be immediately, Clue and payable without further demand and may invoke the power of sale and any other remedies <br />perndtlesI by applicable lave. Larder shall be entitled to coYect all reasonable costs and expenses incurred is pursuing the <br />trenredlss pnnvtiei In this paragraph IS, Including, bat not limed to, reasonable attorney's fees. <br />N do power of sae is invoked. Trustee shall record a norke of default in each county in which the Property or some <br />Puri tbereof is located and shat[ mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />*thee pervious; prescribed by applicable law. After the topic of such lime as may be required by applicable law, Trustee shall <br />give piddle milke of sale Be the persons and in the manner prescribed by applicable law. Trustee, without demand our <br />Borrower. shah sal) the Property at public auction to the highest bkWer at the time and place and under the terns designated <br />Is the n-01 d ale M one or more pucekn sad In such order as Trustee may determine. Trustee may postpone sale of all <br />or my pared of Me Property �PaC mmemic a� at Ike time and place of any previously scheduled sale. Lender or <br />t1�ow off �� of the Property at a bin. T yirslea " deliver to the purchaser Trustee's deed conveying the Property <br />seed. 'lFlre Hefei in the Tutee's deed aYaR be prim facle evidence of the truth of the statements made therein. Trustee <br />s1mM apply dui pnecoods of IM sole in Ibe t ord1r. (a) to all reasonable costs and expenses of the sale. Including, but <br />ON Noticed M, 'shot's fns of not sure fYan 1/ 2 O t I% of the ggross sale price. reasonable attorney's fees and costs of <br />tlgs ettrMwer. (bj a alt tints seerssd <br />by" Deed of Trost; and (c) the excess, If any, to the person or persons legally enikkd <br />iYMMw <br />19. Benswer's Right In Reindate. Notwithstanding Lenders acceleration of the sums secured by this Decd of Trust, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontirnied at <br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained <br />in this Deed of Tnst or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays lender all sums which would <br />be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred. <br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of lrtw <br />(c) Bonower pay- all reasonable c %penses incurred by Lender and Tnniec in enforcing the covenants and agreements of <br />Borrower contained in this Decd of Trust and in enforcing Lender's and -ire -lee's remedies as provided in paragraph Itt <br />hereof, trkliidhng, but not limited to. reamonable attornev% fee+, and Of Born,wer takes inch action a. I coder may reasonablN <br />require to assure that the hen of this Dced of crust. Lender's intereo m the Property and Normwer's ohligat,on to pas <br />