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85=- 004347 <br />f. CandemeMka. The proceeds of any award or claim for damages, direct or corasgwntial, in connection with any <br />eoodem"loo or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />said it" be paid a Leader. <br />Is tha awed of a total Lakini of the Property, the proceeds shalt be applied to the sums secured by this Deed of Trust . <br />with the saris, if any, paid so Borrower. In the event of a partial taking of the Properly, unless Borrower and Lender <br />ollbenwin ague in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds <br />as is to *m peoporton which the amount of the sums secured by this Deed of Truest immediately prior to the date of <br />lakist� bean to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to sornmer. <br />If the 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 damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />Mal" Leader is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property or to the stuns second by this Died of Trust. <br />Uelest Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />ea DOMMOrA the due date of tbs monthly iastallrrsms referred to in paragraphs 1 and 2 hereof a change the amount of <br />at1eMssWaBtrwm a. <br />N. so over Not RttkaN". Extension of the time for payment or modification of amonization of the sums sectored <br />by this Deed of Trust prawled by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the MWily of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proca. -W against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />Secured by ibis Dowd of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest <br />II. /erbeasaate by Lender NET a Waiver. Any forbearance by Lender can exercising any right or remedy hereunder. or <br />Otherwise afforded by applicable law, shall not be it waiver of or preclude the exercise of any such right or rcmedv <br />The procurement of imurance or the payment of taxes or other liens or charlr by Lender shall not be a waiver of Lender's <br />rigln to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />12. Rantsdles C*=WM vE. All remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />a romWy under this Dead of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />omc@Wovd <br />I aid Atrigos Based; Joint sad Several Liability; Csplkns. The covenants and agreements herein <br />eCnNaiMd shill bind, and the rights hereunder shall court 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 be joint and several. <br />Thin captions and b" up of the persgraphs of this Decd of Trust are for convenience only and are not to be used to <br />Mlerrn ee t or dd the provision sots be. <br />14. Nellee. Except for any notice required under applicable law to be given to another manner. tan any notice to <br />Borrown provided for to this Deed of Trust shall be gat en b) mailing such notice by cenified mail addressed to Borrower at <br />I by notice to Lender as provided herein, and <br />cs 10 Leatdsr shell bs gives by certified mail, return receipt requested, to Lender's address stated herein or to <br />as vided herein. Any notice provided for in this <br />he r when given in the manner designated herein. <br />Neesn of dad of trust combines unifom covenants for <br />use and nonuniform covenants con limited variations by jurisdiction to constitute a uniform security instrument <br />M. <br />real y. This Deed of Trust shall tx governed by rho law of the jurisdiction in which the Property is located <br />111 tits swat t any provision a clause of this teed of Trust or rise Note conflicts with applicable law, such conflict shall <br />not alleet other ptnvifiOne of this Deed o[ Trust or the Nos which can be given effect without the conflicting pros pion. <br />and to obis end the provisions of the Deed of Trust and the Note are declared to be severable . <br />IL len�w—'s Gpy Borrower shall be furnished a conformed copy of the Note and of this feed of Trust at the time <br />of saaettioa a also Mwdation be rsof. <br />17. Transfer of dow Pir"y; Asemp oa. If all or am pan of the Property or an interest therein is sold or transferred <br />by Borrower without Leader s price written consent, excluding 1 a) the creation of a hen or encumbrance subordinate to <br />the Dead of Trust, (b) the creation of a purchase money security interest for household appliances. (c) a transfer by devise. <br />dNeont or by operations of taw upon the death of a joint tenant or t d) the grant of any kasehold interest of three years or less <br />no cons ''nws� eo option to purctwe Lender may, at Lender's option, declare all the sums secured by this Dad of Trust to be <br />inuRediaNlyl dos and payable. Lender shall have waived such option to accelerate if, prior to the sale or tranbf r, fender <br />Sind Ow person to whom the property is to be sold or tramfetred reach agreement in wnun that the credit of such person <br />a astislac6ory so Lander and that the interest payable on the sums secured by this Dad of Trust shall be at such rate as <br />LaN"ar shill roqu st. If fender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />to inssrm has Executed it writsn assumption agreement accepted in writing by L.etsder. Lender shall release Borrower from <br />as Lions a"" this Deed of Trent and the Nott. <br />U LWAGC Et m ises such option to secoleratt. Lender shall mail Borrower notice of acceleration in accordance with <br />perm S* 14 hued. Such notice shall provide a period of not less than 30 days from the daft the notice is mailed within <br />irbieb Eorrowei nay pay the awns declared due. If Borrower fails to ps) such sum prior to the expiration of such period. <br />Leader may, wkima fwtber ratite or demand on Borrower. ,m,.Ae any remedies permuted by paragraph ig hereof. <br />NON•UNIIWRM COVENANTS. Borrower and Lender further covenant and agree as follows. <br />IS. AeeeMrMiam Rrmadks. £seep) m provided is paragraph 17 beeral, open Dernwer's breach of say covesswt or <br />eoe�nwnt d Beir"Wor In this peed of T►asr, isrhNfing the coseaaab to psy whine dot any was secured b) Ibis Deed <br />of TrtrM. Iwsder polar N RenkrMMe rheM cots police nee swiluwef a provided is prsgnpb 14 hertaf speordyieg; O► she <br />broaek fi) list seNse rt'uies" se con such breech; 131 a dale, nut law than 30 drys from the dese the nelke Y mail" to <br />lotsewoo by whirls well breach meet be cured; said 14) that failure so ewe sock breach op or before the close sptcww <br />in the Ratite m' made in etrekratiee of the sums w urvd 4% nhiv D"d N Tn es mod seek of the Prepen). The Notice <br />dWO ftsAbn Miorm Bsirtawn of the rfglN to nk*Wt Neer at tekrMion Sec" the right N b#17 a court action to trstn <br />Ilse eestalMEREe of a "cloth sr ea) ether defense of Borrower to wcekrMhe and tole. I( Nu breach is Nat eared <br />so or heron Or time spteWd M rbe NMce. Leader M Laedrr's option nay doclon Ir of Our scars secuued b) Nils Deed <br />of Trw1 N be ioawdkkfy dor sod payable obbow (urtl►er demand zed sae) intake tbt palter of Oak std any either remedies <br />ps- se d y applieebk taw. Letsdet shall be todded to collect eN reawaeble rata sell tspewses lacurre" is pvnuk* the <br />wmeNea ptwdded Is "A peregrttph II. lateltrdMtg, but sot MarNed so. moosAk anarw)'s fees. <br />If An pNwat of ask Y lot obd. T►NMI eb" recurd a Notice of defaNt to each teasel) No which the Property ar same <br />geed IlsetEEf Is healed and shag 00 ore1las of sob Netkt M Misr maoae► peescribtd h abk taw to Borrower and N the <br />allsu r n. do peosesfbed by appWeMdt law. After The {spar of web time a me) be i Olitir ed by applknbk Jett, Trust" Shah <br />(�E pNltlie arfieE of sole N the persons and M the manner prescribed b) appiksoblif asp. T►twtte. withevi dent"d an <br />Mlrowet. sits ride NE PeopEnfy N p@W surlier N Me blghm bidder IN The IMNe and folm and under the IttNa deslgNalt" <br />M Ib seeks of sle M List or Rwrt pareeY and M soh order in Trwsee me) dtteneiee. Trwmee me) pwtpoe Sae of aN <br />a my parts of Or property by Pussy saeovacemeN M The time sod place N on) presiswi) scheduled sink. Leader or <br />Lend" /MyMf Easy purthne Net Fitisperty M any sale. <br />V r 1 of payttreRI al Mee a bN, Trustee shah deliver to Lisa penhfutr T►sates's des eoeve)Nrg the Mapem <br />cede. Lf1e nseMail M Of TnMd t'S dad *AN be PtIM (Kk evidepre Of the truth of IM ONemtpt► made lWtip. Tnntrr <br />alas apply 16o filar tie of On suit In Mot Wilisi in order: tee) to all reEaeNeble casts and raptasts of Mt sale. including, but <br />sill 111sol d ter Trrske'a Ins of ant Earn step %t of the ores ask prkt. Mwers ►fr attorpt)'s lees sod tests of <br />ME evidows 01 N ail ones sera" by Ibis Decd of Trial; and tin) the tames. N an). Is Ilst person or pornom 1tgaN) entitled <br />16NOI16 <br />It, SweweYe Right N ReNIMSk. Notwdhttanding I ended acaeltration of the sums w.urcd by this Decd of T road <br />sWrewst shall have the right to have any prucetdings hcgun by I ender to enfons this Used of Trust dos, onunucd at <br />any time prior to the earlier to occur of (a the bllh dal helore the sale of the Property putumul to the petwer of sate cotta ird <br />to Nos Dosed of Trust or fit) entry of a jud moril enforcing this Decd of Trutt if (a) Borforrr pays I ender all tun% which wouid <br />due under be town der Chit Mail to( Islet. Nufe and none% secur,ng future Advantt% of an} had no atieler.riwn c%.00,cd <br />lb) Borrower cures all Mrhhti of an) other covenants or agreements of Sotttowee contained rat th.t Ikfd rte betel <br />(c) Bartower pays alt reasonable t,opentrs ItKtaned by lender and Tetisiet u, enti.rcint dtior tu,enann ■nil aj ►reemenis . + <br />berroo r contacted to this heed of Mutt and in enforcing 1 rndet't and T,u►trt't mirrd.cs 1% pi.,.:,ted a. paNigt,oph 1A <br />Mfaerl, inctudisg. but not limited Ito. N alcmwble anoiney's fees and fit Btgwwe, a ►n Scab attr,�n as t rodes mace teas. naDt. <br />n"wn to Neale that fht lien of tMs Deed of in »v tender's imrreti in the Pioptm and hori—r, i ohligsiwn t,, {BAs <br />