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proceeds of any award or claim for damages, direct or consequential, in connection with an(,, <br />of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby;assignea ' <br />IR likurn car Net Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Deed of Trust zrinstedby Lender 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 commence. <br />proceedings apiat such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Deed 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 Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or prechude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charge 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 />stsccessrvefy <br />13. $ssceaaaors said Asn" Bovewi; Joint aid Several LialiMr. 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 />; <br />The captions and headings of the parssraphs of this Deed of Trust are for convenience only and are not to be used to <br />interpret or debe the provWota hereof. <br />14. Nedra. Except for any notice required under apppplicable law to be given in another manner, (a) any notice to <br />Borrower for Deed <br />provided in this of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />Me Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notke to Lender shall be given by certifed 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 Trust shall be deeegaed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Unilmse Dead of Transit Go"raking Law; Ses'erabBky. This form of deed of trust combines uniform covenants for <br />national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real property. This Deed of Trust shall be 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 />F <br />not affect odder prove" of this Deed of Trust or the Note which can he given effect without the conflicting provision. <br />i <br />and to this end tiro provisions of the Dad of Trust and the Note are declared to he severable. <br />xj <br />16. On -woes Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or after recordnion hereof. <br />u <br />17. Trander of Me Pmt"; Anompdoe. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Leaders 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 ap liances, (c) a transfer by devise, <br />descant by law death <br />or diperallon of upon the of s joint tenant or <br />Lender may, at Lenders option, declare all the sums secured by this Deed n Trust to be <br />pt , <br />immediately tie and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer . Lender <br />the to whom Property is to be transferred in the <br />a <br />a <br />and pmon the sold or reach agreement writing that credit of such person <br />is satisfactory to !..ender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as <br />I ceder 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 obli loos under this Deed of Trust and the Note. <br />i <br />if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />Wragraph 14 hereof. Such notice shall provide a period of not less than 31) days from the -date the notice,is mciled 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 />Not+- UNteoam CoveNANTs. Borrower and Lender further covenant and agree as follows: <br />I& Acceleration; Remedies. Except as Provided in paragraph 17 hereof, upon iorrower's breach of any coveram or <br />agreement of Borrower in this Deed of Trust, Including the covenants to pay when due any sums secured by this Deed <br />elf Trust, Leader prier to acceleration shall amY notice to Borrower as Provided in paragraph 14 hereof specifying: (1) the <br />Mi(2) *a action required to cure such breach; (3) a dole. not less than 30 days from the date the notice k msikd to <br />er, by which seed breach ausst be cured; and (4) that failure to cure such breach on or before tie date specified <br />In the made* may result in acceleration of the suss secured by this Deed of Trust and sale of the Property. The notice <br />' Idest further Interim Borrower of the right to reingole after acceleration and the right to bring a court action to assert <br />Nse'aou-exiskince of a defauk or any other defense of Borrower to acceleration and sae. If the breach is not cared <br />as K bdaee' the .data specified In the notice. Leader at Lender's option may declare ale of the sums secured by Ibis Deed <br />of Tssrt to, be'keemediseely due and payable wipeout further demand and may invoke the power of sale and any other remedies <br />peru iNlsd ti appkeabk law. Lander shall be entitled to collect ale reasonable cods and expenses Incurred In pursuing the <br />►emedka lisavidd In this paragraph It, iscludiall. bull not Hashed to, reasonable atloraey's fees. <br />R 1is' er of ode k invoked, Trartee oboe record a notice of default in each county in which the Property or some <br />peen ... .. and stall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />oMer;porawts'pracribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall <br />w�vtt �aYEc audee of ank N the praeas and its the manner prescribed by applicable law. Trustee, without demand on <br />iMtrweRatlbar rift the Pwpsty at pvWc merino 10 the highest bidder at Ike time and place and under the terns designated <br />i• fha of of oak is ens sr waft poe ee said in such order at Trustee may determine. Trustee may postpone sale of ale <br />or may Peres[ of So Ilimporfy by ImM onaouneeaeeat at the time and place of ay previously scheduled sae. Loader or <br />Isuder's bayous an" laealwm Yes It ft at any sale - <br />etf paswnt drf fba bid. Teuton stroll ddlver to Me purchaser Trustee's deed conveying the Properly <br />Bali. sedmik III the Ttwlee'et dead shad be prim lack eviisace of the truth of the slstemea s rude theteLe. Trustee' <br />sbd i up* ftelp tie in of sine sae 1s Ike hBayrIl o fah ie all ressotmble costs and exposes of the ask, inciaaiug, but <br />rsistlyd,M his dins 1% tees <br />wM sealas's ed rivet arare of the gross isle peke. reasonable attorney's and cease of <br />o eN'0) N i swiss married by side DoW of Trans; and (c) the excess, It ay, to the person or Persons legally entitled <br />Id. bersoworle Right to Relaide e. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, <br />Dorrexsr shall have the right to have any proceedings begun by lender to enforce this Deed of T'nrst discontinued at <br />any prim to the earlier to occur of (i) the Milt day before the sale of the Property pursuant to the power of sale contained <br />in "Deed of Trust or iii) entry of a judgment enforcing this Deaf of Trust if: (a) Borrower pays Lender all sums which would <br />be then due under this Deaf of Trust, the Note and notes securing Future Advances, if any, had nn acceleration occurred: <br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust: <br />(e) Borrower pays all reasonable eapenws incurred by Lender and Trosice in enforcing the covenants and agrccaents of <br />Bormwer contained in this Deed of Trust and in enforcing L.coder's and Trustee's remedies as provided in paragraph I5 <br />hereof, including. huh not limited to, reasonable attorney's fees; and (d) Harrower takes unh action as !.ender man, reasonahll� <br />- <br />iegt +ire to sssum that the lien of this Deed of Trust. Lender's interest in the. Property and Horroacr's obhgatk +n to pas <br />