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85, 00576 <br />%, I f; <br />9. 1- ondemnan4la. fill' I'll r,• It "d an% ,•. and n, tla:m 1— d!ma1;1•t 'J"C.l ,1 .It.•,I r :.vial n "'mettion wan am <br />or other taking of the Plop;riy, or part IhereoI. of (or ,onve,, ante u, hco of 1 ondcomasoft. are hereby as %,gnrd <br />,ondclonxainn <br />and shall he paid to I ender <br />In the event of a total taking of the Pmprrly, the pmtecd..hill b, !ppbrd Ii. Ihr .unit %cuutd h% Ihr. Iced .d l riot <br />with the aseess, it any, field to Borrower In the event of a partial taking -I the I'n,perty, unlc %. Rorrower and 1 ender <br />otherwise agree In writing, there %hall IV applied to the sums — ured boo Ih,% I ierd -,I I rust %nc•h pioporaon of the pfi,cerd% <br />is equal to that prnpnrtmn which the amount of the sums sc( toed 1•y Ih,% Iit1:4 of 1 .u%I nnmcd,ately prior to the date of <br />,IS <br />taking bean to the fair market value of the Property immediately prior to file dale of 14►mg, wlib the balance of the prnceed% <br />paid to Borrower <br />11 ih: I", I,trt% . 113n,t„n; d by It -,,,,. , -r. fir d .1Ittl C h% 1 rnd,l u, I1,1 Ib ,1 th, , •nukama, oflcry 1„ milk, <br />ward In \coil%' ! then too to on., II.•. 1,—t'I Im1, 1, - r, .Iv ,111I lit I l-I,'1 u.Ih-n Ili d.11'% all,l Illy date •11th �1„IIIC I. <br />.1,1 <br />mailed, Lender n authonred ti d , tall,,! an apply the pro reds, at I eider's option. either to restoration of repair of the <br />Property or to the sums secured by this Deed of 'Trust <br />Unless Lender and Borrower otherwnr agree in wfinng lny %lab application of proccrds to punclpal shall not ,teen.: <br />or pnstlxlne the due date of the monthly Installments referred o In paragraph% I and 2 hereof or change the amount oI <br />wch inttdlments <br />It. lerrower Not Released. F.%ten% %on of the time for payment of mod,fitauon of amoruretoo of the sum% u<ured <br />by this feed of Trust panted by I ender to any successot in interest of Rormw•er .hall nor operate to release. In anv manner. <br />the liability of the original Borrower and Rorowet's successcm in Interest I ender %hall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the ,ums <br />secured by tens peed of Trust by reason of any demand made by the original Rolrowri and Borrower's successrim In mtcrca <br />11. Ferlsearsnre by Lender Not a Waiver. Any forbearance by I.endrr In eserminje anv fight or remedy hereunder or <br />otherwise afforded by applicable law. shall not he a waiver of or preclude the a %ermc of any such right or remedy <br />The procurement of ,nwrence fir the payment of taxes or other hem; or Charges by Lender shall not be a waiver of Lender's <br />right to aecekt.,re the maturity of the Intieblednex% vectored by this Deed of flint <br />12. Remedles (.'mrndNlvr. All remedies provided in this Deed of Trust are d,stm, I am,l cumuVauve a+ any other fight <br />or remedy under this Eked of Trust or afforded by law or equity. and may be exercised concurrently. Independently fir <br />successively <br />13. Successors and Assigns Sound; Joint and Several 1.1aWlity: Capeiont. Ihr . —enants and agreements hritin <br />ebntained shall bond, and the rights hereunder shall Inure to, the respccnve vase%son and atvlgn% of lender and Bortowrr <br />Subject to the provisions of paragraph I' hereof All covenants and agreement% of Ilorruwer shall he )rant and %everal <br />the cap000% and hexdings of the paragraphs of inis feed of 'frost are for convenience on)) and are not to he used to <br />interpret or define the provisions hereof <br />fit. Notice. Except for any notice requited under applicable taw to be given in another manner. (a) any noh;c to <br />Borrower provided for to this Eked of Trust shall be given by mailing such notice by certified marl addressed to Borrower At <br />the Property Address or on such other address as Borrower may designate by notice to I ender as provided herein. anti <br />(h) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein 31' to <br />such tatki address n Lender may designate by notice to Borrower as provided herein Any notice provided fill on Ohl% <br />Deed of Trust %hall he deemed to have been given to Borrower or lender when given In the manner designated herein <br />IS. Vrolform Deed of Trust. Governing I,w; SevtmbNky. This form of deed of mist combines uniform covcnann for <br />national use and nonuniform covenants with limited variations by jurisdiction to commute a uniform security m%!tumenl <br />covering real property. Thia Deed of Trust shall he governed by the law of the jurisdiction rn which the Property n Incsied <br />in the event that any provision or clause of this feed of Torus! or the Note conflicts with applicable law such conflict shall <br />two affect other provisoes of this Deed of Trust or the Note which can he given effect wlthnui the conflicting provision <br />and to this end the pkOvisiors of the Deed of Trust and the Note are declared In he severable <br />16. /errower's`Cepj. Borrower shall be furnished a conformed copy of the Note end of this Deed oI True at the lime <br />of execution m'aftel 1-0 'Otte" hereof <br />17. Teamster of the Properly: Aesnmplie". If all fir any part of the Pmporm or an interest therein Is sold or uansferrttt <br />by Borrower without Lenders proof written conseni. excluding (a) the creation of a lien or encumbrance subordinate it, <br />nh,s Deed of Trust. (h) the creation of a purchase money security Interest for household Ippi,ant". I c I a iran%fer h% .Icv!%c <br />descent M by operation of law upon the death of a print tenant or ,d) the grant of any Ira %ehofd ,merest of three years or less <br />not containing an option In purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trent to br <br />immediately due and payable. Lender shall have waived such option to accelerate it, prior to the sale of transfer, f ender <br />and the portion to whom the Property is to be sold or transferred teach agreement m writing that the credit of such person <br />is satisfactory to Lender and that the Interest payable on the sum% secured by this Deed of Trust %hall he al such rate as <br />I ceder shall rryuest If Lender has waived the option to accelerate provided in this paragraph 17, and it Rorrower's successor <br />in mterto has executed a wniten assumption agreement accepted in writing by Lender, 1 ender shall release Borrower from <br />all obligations tinder this Deed of Trust and the Note <br />If Lender exercises such option to accelerate I ender shall mail Rorrnwer nonce of acceleration In accordance with <br />pan{raph 14 hereof Such notice shall provide a period of not fe%s than 30 days from the date the notice it mailed within <br />declared 11 Borrower fads to such sum% to the of such <br />which Yorraxver may pay the sums title pay prior expiration period. <br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 16 hereof. <br />Nrne.tjnrl011M ('11NOeNANTS Borrower and I ender further covenant and agree as follows <br />It. Acceleration; Remedies. Excepl ar Provided In paragraph 17 hereol, upon Borrower's breach oI any covenant or <br />agrttrntal of Nnrsowet in fhle Deed of Tomsr, Including the covenants in pay when time any sums secured by this Deed <br />of Trot, leader prior to acceleration shall ineg notice to Borrower es provided In paragraph 11 hereof speclfylrtg: (1) the <br />breach; (11 the sellers required to curt ouch breach; (3) a done, not lest thin 30 days Imm the date the aotke is mailed to <br />Smrowrr, by "hick surer hresek mast be owed; dad N) that failure to core such breach on or before the dale spte111ed <br />In Ike aslkt mq resolf in accekratlon of the sumo secured by this Heed of Trust and sole of the Property. The Rake <br />shah ftsAha inform tarrewtr of the right to relnstata slier acceleration and the right to bring a court action to Matrt <br />Ihn mia•a>aWeaee of a default or any other deteme of Bewrowr► to acreltrallon and &air. If the brtmh Is not coved <br />sit a brfmt the done specified In Ike nofitt, Leader of Lender's option may declare ON of Ike sums wured by this Deed <br />of Trust to be I Pat hit tly due and payable 01111trasul further demand and may invoke the power o' ask and any other rtmedks <br />p"rmltted by appNcabls low. Leader shah be eaoifted Is coMett all remonbk costa and eapeuseti incurred M pmaming the <br />reeaedln presided In Ihls p"Ovepls It, Mchding, bM asi Ranked lot resaswaMe artsrmy's fees. <br />N IM /oeste of ode he Iivohed, Trattfe" *0 record a r telke of default M each county In which the Properly or saint <br />prof rhemf Is fecaNd and ahaN msY tape" of trek imoke to the manner prowrNwd by applicable low to Borrower and to ter* <br />osW perms prmrfbed by spokaMt law. Allay the (opts of such Una sit may he rquked by applkaMt low. Trustee seiso <br />give rdblk aMkr of oak to The persona and le the manner pre.cribrd by applicable law. TrWre, wkheut demand OR <br />Berrower, owl) all Ike Pnperly N Few serelon is Ike high"# bidder at else time Ind place and under the lei as deslgRatrd <br />le the nolke of vlt in one m Name parceb and IN touch order as Truant may deterralae. Trustee may po"rpemr sae of oil <br />m any toad of the Property by public MaoMtoaeeM ad Ike Iime and plat* of arty faminally wiladldN nk. IRMer or <br />g cM"r'o Iedtate our parchom Ow Property M my al". <br />Vpoo ncefpt of gy>raNed of lw price bid, Trts"f"a t)haN deliver is the purchase► Truseit 's did roaveyoag The Property <br />facie <br />hold. The tecksh M tw TruMrt's deed MaN be pdm evidence of the IMh of Ike sbumeats mode lkertM. Trust" <br />40 apply flat ppreectrds of the ask be the folNwfgig ertl"►t to) to all fesnnabe dame ad asperities of the look. Including, but <br />yk <br />Mt NmNad Ra. Tewht'" fen of a"" more ohm of the gross oak price, reannabe attorney'" Ito odd cats of <br />111ft etMsomej (b) is sN twat a well by fhb owd d Troll tent fill ilia clause, N way, to Ilse penso or paints klay vMlsled <br />L <br />own". if <br />N. Borrowa'a 0410 N ItdaMnk. NtNwnMUnding Lentkr's acceleration of the Burns dewed by Ihts Deed ill Ir,la <br />r <br />Ikerower shall have Ike light to have any prilcetdings begun by Lender its enlurce this feed of (rust dnct/ntmutd al <br />any time prior to the tarter to occur of (U the fifth day before the sale of the Propeny pursuant to the power of sale contained <br />in this Deed of Trine of (rgentey of a jud`meni enforcing this Dad of Trust of IN Not rows psyl 1 ender all sums which would <br />he then due under this feed of Trost. the Note and rotes aecurmg Future Advances. d any. hod no acceleration occurred <br />W <br />(h) Burfowar titres all breaches of any other covenants or agreements of torrnwer contained m this Eked of True <br />UM <br />*,,.,i <br />let Borrower pays oil rfsssloxa ik expenses IlRuired by Lender and Timiec In enlnacotte the covenants and agreements of <br />totrmra contained in this fired of Trull and In enforcing tender it anti T,uoef s rtmed,rr as prnv,drd m paragraph IN <br />kifenf left .huhng, hide nut hnutrd to rtawnshte .oloinet't (era Intl Id1 Ito. rower laket i-I, ., ,., v, n 1 rndrr ins% refa•n abh <br />rtgorrt In $$cure that the ban ill this Drtif of Irou I. endet'to u,+ertu .,, Ale P -jwovy &riff Nnnowe, i obligation b, list <br />%, I f; <br />