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001578 <br />85- <br />t1 0. t nndemnNinr. the p""C'. 1, 111 an% .,ward tar clam 1„r danr,'grs direr •, .,nr•qn•r:I�al n ,.i nneition 111h an% <br />, nndfnmatn.n tit other taking of the Prnf,:rty, or part thereof, tar for <br />lonv" ancr �n bcu of r nndemnanon, are hereby assigned <br />and shall be paid to lender <br />In the event of a total raking of the Property, the proceed. %hall he .•pphrd I,, Ihr .lion scuufd M this l)cfd of Trust <br />with the aces, d any, paid to Rarrower. In the event of a tak�og <br />partial r,t the p,r,peny, unless Borrower and lender <br />otherwise agree m writing, there shall he applied ti, the sums secured by Ihn f recd r.l T not such lc%% nrrrn of the proceeds <br />as n equal ro that proportion which the amount of the <br />turns secured Ply this 1)rcd of ! rust rmmedi.rtely prior to the date of <br />taking bears to the fair market value of the Property immediately prior In the Date of taking, with the balance of the proceeds <br />paid to Borrower <br />It Ih: "-I prrty .•.'•:mdonrd by it ....... rr .'fuel 11.,c by I cod, t.. Ih•rnn%. dl.,i ter , ondenmor offers to mnkc <br />an award In %elite .r tl.om rite Janraltc. Ihvowct Lull to tt•spnld to Lc <br />udw wlhm iii d•ry% JIrcr Ilse date such nottsc n <br />mated. Lender n authotred n" Inflect and apply The proceeds. at Lender's option, either Tn restoration or repair of the <br />Property of to the sums secured by it, Iced of Trust. <br />Unless I ender and Borrower otherwise agree to writing .Inc such application of proceeds r1Y principal shall not extend <br />Of pnttpone the due date of the monthly installments referred to in paragraphs I and ? hereM <br />such <br />trtahllmenta. or change the amount of <br />)0. Borrower Not Released. Extension of the time for payment or modification at amortrralron of the sums secured <br />by this Deed of Trust granted by I ender to <br />any successor in interest of Rnrrower %hall nut operate to release• to any manner. <br />the liability of the original Borrower and Borrower's successors <br />in interest. 1 ender %hall no( be required to commence <br />proceedings against such successor or refuse to extend lime for payment or otherwise modify amortization of the sums <br />secured by this Deed of Trust by reason demand <br />of any made by the original Borrower and Ronnwer's successors in Inleresr <br />It. Forbeersnce by teenier Not a Waiver. Any forbearance by render in exercising <br />an tight or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise v any such tight re remedy <br />The procurement of mturance or the payment of taxes or other bens or <br />charges by Lender shall not be a waiver of Lender's <br />right to accelerate the nsatunts' of the mdchiednes% %retired by this ►)eed of Trust <br />to <br />or remedypunderltfi s flied ofrT use remedies lownor Iego equity, and may abe exercised <br />concurrently. <br />independently of successively <br />IJ. SVrffeMfS and Anigms Bound: Joins and Several t.lability; Capoorm The covenants and agreements herein <br />contained shall bond, and the rrghn hernmder shall Inure tn. the rf%pecnve <br />since %sort and assigns of Lender and Borrower <br />subject to the provisions of paragraph R hereof All covenant and agreements of Borrower shall be (rant and several <br />the captions and headings of the paragraphs <br />of ems Deed of trust are for convenience only and are not to be used to <br />inferpret or Jefine the provisions hereof <br />14. Notice. Except for any notice required under appplicable law to be given In another manner. (a) any noinc <br />Borrower provided for in this Deed of Trust shall he <br />in <br />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 <br />notice to 1 ender as provided hereon, anti <br />Ili) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein <br />such other addfees as Lender may designate by <br />or to <br />notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shall he deemed to have been given to Borrower or Lender when <br />given n, the manner designated herein <br />15. Uniform Deed of Tryst; Governing Law; SevtmbNNy. This form of deed of trust combines uniform covenants rot <br />nalional we and nonuniform covenants with limited <br />variations by jurisdiction to constitute a uniform security ontrument <br />covering ml property. This Deed of Trust shall be governed by the law of the jurisdiction tar which <br />In the event that any <br />the Property Is located <br />prOyiNOe Of clause of this Deed of Trust or the Note conflicts with applicable law. such conflict shall <br />"of affect other ��rreewaions of this Deed of Trust or the Note which can he given effect without the conflicting <br />and In this end the provyiorss of the Deed Trust <br />of provision <br />and the Note are declared in be severable <br />16. Bwrower'e COPY. Borrower shall be furnished a conformed <br />Of execution OF site, recordation hereof <br />copy of the Note and of this Deed of trust at the time <br />17. Transfer of the Properly; AssumPaon. It all or any parr of the Property car an interest thereon Is sold <br />by Borrower without Lender's poor <br />or Iran %ferret <br />f .1pur consent, excluding (a) the creation of a lien or encumbrance subordinate ti, <br />rhos Deed of Truss, flit the creation of a purehue money security interest for hrnochold appliances. (c) a transfer <br />descent or by nperabnn of law upon the death <br />by revue <br />of it pant lenant or (it) the grant of any IMehold interest of three )'ears or less <br />nor containing an option M ruchase. Lender may, at Lender's optlnn, declare all the sums <br />nmmedrblely due <br />secured by this Deed cal Trust to Ir <br />and pays Lender shall have waived such opt-on to accelerate if, prior In ilia salt or transfer, I ender <br />and the person to whom the Property is In tic sold or transferred reach agreement m wntiog <br />is satisfactory to Lender <br />that ilia credo of such person <br />ant that the interest payable on the sums secured by this Deed of Trust shag he o such rate <br />I.Crider sfiall rr,lnest. If Lender has waived the option to accelerate <br />as <br />procured in this paragraph 17, and if Borrower's successor <br />al Interest has tinder this a written assumption agreement accepted n writing by Lender. Lender shall release Borrower <br />all oMigabnns under this Decd of Trust Bred the Note. <br />from <br />If Lender exercises such option to accelerate. I ender shall mad Borrower notice of acceleration in accordance with <br />pati rsish 14 hereof. Such notice shall provide a riod of not less than lU days from the date the notice is <br />which borrower may pay the sums declared If <br />cove. mailed within <br />80rrowet fails 10 pay such sums prior to the expiration of such period. <br />Lander may. without further notice car demand on Borrower, invoke any remedies <br />permitted by paragraph lg hereof. <br />Nrnt•Urvtrtestxs t'VytNAMI'S Borrower and Lender further covenant <br />and agree as follows <br />age - efteet Acceleration: in [)red of lrns provided <br />inel fn paragraph 17 hereof. ,Poo Borrower's breach of any roveneN or <br />of Trust, I antler Prior to acceleration sha8 snuff mMku e� Sorrowcr a Provided to pay In " dot ` yl Bums Se specifying: ; this Deed <br />Meech; artlosl rove such broach; <br />re <br />r. y IJI a date, tier tats teen !tl days from the date fee ewke b maied le <br />a-h h <br />In The of by which sash Mach mole" be eves; alyd 1 a date ftot le to fen arch breech th or before <br />In the rasher may rnBo hr accef M Is <br />lice doe called <br />the sums secured by fhb More of Trust ant sate of Ike Property. The notice <br />the r <br />sMB further inform Borrower n/ the light to ro1Rogge offer acceleration and the right to hang a court <br />Me namtsaMtect of a defwH of any degrees <br />offer Wien to awri <br />M Borrower to acceleration and sate. It the broach b not errs <br />on or before the dot Specified In Ike no&*. Lender o Lender's oPrkn m.y dtclbrt W of the <br />of <br />M Trot in be irmmed{Nely date <br />sumo uevrod by bred <br />and payable withoof ftrrhktr demand and may invoke the ewer o' sec and any Nicer remarks <br />MrmlNd by apPerahit kw. Lender shall be ratified Ice foeeer all a <br />herer m in <br />reasonable costs and tapeesee gecud <br />rnrdka P#Q%Wd is rich Puragrafeh IR, IachW ell ben we" emits Its. re M <br />If fee /ewer M stile Trruftt IM" reeerd <br />_ sMeeks. <br />b'Wke of defooft each comely In -filch Ike pr <br />sMa Perna pfruAbed h * ems M sveb wNfet M &a mummer Prracrfbs by aPNkaMe low to Beeviewer and ro be <br />able low. After hen Inputs of Such time <br />-ebee <br />Rate notice M reek t a may his fegsr{rd by applicable law. Trustee shm" <br />BlMrisrtr, a1nv ate for F P"**" WW be 'be O1annef ForwriMd by apPlksbk law. Trustee . webart demand on <br />M Nut ^fifty N PrbMe erellsm N like bltkaLt bidder <br />N the tense bed <br />notice o1 mk M err of mum Pa rcets and M Such Soda as Trustee may deserting". Trustee may Pa place ant ender lice lernr designated <br />of any Paco M the Pr.Peey by faYgt uwmamceeaewl gg Ibis t' postpone, Lek er <br />ill <br />lime and Isle" N all <br />�( of �y PorMae Nla PfSPertl N ray atW. an) My ►Ia" sehdtdd sake. Lender of <br />" sac <br />of PSYMM of *0 roost slaty Jeerer Is ten <br />troll Tkg <br />rut M Ibis Ttrstra drtsdPfk AM M Prreheaer Trrester's died conreylry the Property <br />shah Mly, lM pacted% M eM sbk M use foNew Prisnb lark evidence Of IM truth of hhe slafemtsnsa mbde therein. Truster <br />Is date W <br />mat BmIIS! I, Trtrlet'g <br />fsga 91 00 mart Ittar o M rags rvNa cad rsPrmes Of Ike oak. Including. hI <br />�'Ibperi (N N ant g"M SHWId by"Deed g Nice• reasonable attorney's <br />of Tor/ fees gold costs of <br />i tend (tl ten ace,. N bay, to the <br />Perris er footwear kgWy entitled <br />11' Mroewte're N%M to Rtslrelor <br />Notwithstanding l errder's areeleraunn of 'he sums uturcd by this Decd of Iniu <br />Iktrrower She{I have the right c ewe any proceeding begun by Lender to enforce this feed of fnnl dOtortmotd at <br />any ems prior to the ruler to occur of pl the filth day before she tale of the Property pursuant to the power M sift: contained <br />In this peed of Trust or pit entry S1 a juidgment enlorcing this teed of True <br />hit than due 'trust, <br />tinder this Deed of of (e) Borrower pays Lender all $unit which woold <br />the Note and notes <br />tit} Borrower <br />tr <br />Securing Future Advances, If any, had no scceltration occurred. <br />curer NI breaches of any Other covenants or agreements <br />ice Borrower Borrower <br />9 <br />of contained rn this Deed of Trull. <br />pays all reasonable aspanset irRurred by Lender and Trustee rn entnrcmg the covenants <br />Bourn -er contained on this flied of ira$t and tit <br />end agreement of <br />enlrsremg l andtr s and I ru.tre s remtdres as provided in lintel irsrhrdmt. Plot no( hmned In rtnonable dtorney'$ lees end fife trmrawu I�Mrt eonb <br />regteero to assure real the Iron of this 1'Red W <br />cal f full I. ender', .ntereol m rho P.ke, a. n..n at I ender r.,aY reA rnnetrlY <br />end "", a, Ier'd r ",.V u o ,rbpay <br />Vl Fi <br />