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<br />~4- tU0337 <br />9- Camdtmuatba. The proceeds of any award or claim -for damages, direct or consequential, in connection with any <br />condemnation or-oilier taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby. assigned. <br />a~ shalt be .paid to bender. <br />In the event of a total taking of the Property, the proceeds shalt fie applied to the sums secured by this Deed of Trost, <br />with the oxcess, if any, paid to $orrower. In the event of a partial taking of the Property, unless Borrower and. Lender <br />otherwise-agrce in writMg, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds <br />as is equal to that prapornon which-the amotiti of the sums secured by this Deed. of Trust immediately-prior to the date of <br />taking beats-to the fair market-value of the Property-immediately prior to tfie dace of taking, with-the-balance of the-proceeds <br />paid to Borrower. <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 etaim for damages, Borrower fails to respond to Lender within 30 days-after the date such Halite is <br />trailed, Lender is authorized to cotleet 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 Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone tfte due.date of the monthly instsilments referred to in-paragraphs I and Z hereof or-change Ehe amount.ot <br />such rtrstallmenu. <br />10. Porrower PZct Ile7ta~d. Pxtensian of the time far payment or modification of amortization of the sums secured <br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shad not operate to release, in any manner, <br />the liability of the original Botmwer and Borrower's successors in interest. Lender shall not berequired to commence <br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortization of the sums <br />secured.by this Deed of Trust by reason of am' demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall sat tx a waiver of or preclude the- exercise of any such right - or remedy. <br />The procurement aEinsurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of_Lender's <br />right to accelerate the maturity of [he indebtedness secured by this Deed of Trust. <br />72. Remedies Camoiattve. Ali remedies provided in this Deed of Ttvst 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 />sttecesaiveky. <br />13. Sacceaaors and Assigns Blonnd; Soint 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 rho provisions of paragraph 17 hereof. Ail covenanu and agreements of Borrower shall be joint and- several. <br />The captions and headings of Cho paragraphs of this Deed of Trust are for convenience only and are no[ to he used to <br />interpret or define the provisions hereof. <br />14. Notke. Excefrt for any notice required under applicable law to M: given in another manner. (a} any notice to <br />Borrower provided for to this Deed oC Trust sha31 be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Addreu or at such other address as Borrower may designate by notice tc Lender as provided herein, and <br />{b) any notice to Lender shall bt given by certified 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 />Reed bf Trust shall be dtemed m have been elver to Borrower nr I ender when elver in the manner designated herein. <br />IS, uniform IXed of Trust; Governing Law; SeveraWlHy. This form of decd of trust combines uniform covenants for <br />national use and non-uniform covenants with kimited variations by jurisdiction to constitute a uniform security instrument <br />covering real propeny. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. <br />In tiro event that any provksien or clause of this Deed of "true[ or the Note cont'kicis with appheable law, such conflict shaft <br />not stfen other provisions of this Deed of Trust or the Note which can lac given effect without the conflicting provision, <br />and to this end-the. provisions of the Deed of Trust and the Note ate declared to be severab'.e. <br />16. Barrows's Copy. Borrower shall be fitrnished a canfnrmtd espy of [he Note and of this Deed of Trust at the time <br />of execution or after recordation hereof. <br />27. Tranxfer of tlu Property; Assumption. tf a31 or env part of the Property ar an interest [herein is sold ar transferred <br />by }iorrower without Lender's prior wnnen consort, excluding f a} the creauan 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 id) the gran[ of any leasehold interest of three yeah or less <br />not containing an option to purchase, Lender may, at Lender's option, declare sit the sums secured by this Deed of Trust to be <br />immediately due and payable. Lender sheik have waived such option to acceleram it, prior to the sake or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreemem in writing that rho credit of such person <br />is satisfactory to Lemter and that ilia fnttrest payable on the sums encored by this Deed of Trtst shad bs at such rate as <br />f.endes shat! regtxst. tf Linder has waived the option to actektrato provided in this paragraph l7, and if $orrower's successor <br />an interest has executed a written sssumption agreement accepted in writing by Tender, Lender shall release Borrower from <br />akl obitgabans under this Ihed of Trust and ilia Note. <br />if larder exercises such option to accelerate. Lender shalt mail Borrower notice of acceleration in accordance with <br />pa aph 14 hereof. Such notice sbaii provide a period of not less than 30 davs from the date rho -notice is mailed within <br />witiah Borrower tray pay the sums declared due. I( Borrower fails to pay such sums prior to the expiration of such period, <br />Ltruier may, without further notice or demand on Borrower, invoke any remedies permitted 6y paragraph 1 g hereof. <br />Nar+-Untroam Covet+at+rs. Borrower and Lender further coo^nant and agree as follows: <br />Ig. Accekraibe; Remedies. Except sa previdtd in paragraph 17 hereof, upon Borrower's 6rcach of any covenant or <br />agreement of horcower in this Deed of Trust, including the covenants to pay when due any soma secured by this Deed <br />of Trust, Lender prior to acceleration sbaii mail notice to Borrower as provided in paragraph t4 hereof specifyirrg: (1) the <br />breach; f2- the action required to cure such breach: (3) a date, not Tess than 30 days from the date the notice is mailed to <br />Borrower, by which sock breach must be cured; sad (4) that failure to rare such breach on ar before the date specified <br />in the notice retry result 'rn aecskration of the sums .tr~»d by tkt~ D«..t ..f Trust a*!i sRte of olio Pmpery. The notice <br />shah. farther inform Barrows of the right to rciersiate after acceleration and the right to bring a court action to assert <br />flit rmn-e~leace of a dsfanit ur any orbs defense of Borrower [o acceleration and sale. IF the breach is not rnfld <br />un ar before iht darn specified -in the entice, t.endes of Lender s opliaa may declare sit of the sums secured try this Deed <br />of Trust M be itrrmediately drre and payable without further dtmami and may invoke the power of sale and any ether remedies <br />psmitted by applicable taw. Linder shad De entiiltd to cuBsct ski rsasanabie rosfs and sxptnsts incurred in pursuing the <br />rcmedits provided in this paragraph Ig, btcitxtiag, ben Hai limited to, reawnabke avorney's fees. <br />tf the power of sale ~ invoked, Trustee shah record a notice of default in each county in which the Property or some <br />part-fhseof g totaled and shah mail espies of such rurtice in the man»sr prescribed by applicable law to harrower and to the <br />other ptrsoas prcaicribtdby applicable law, Alts the Lapse of svefi time as may fie required by appBcabie taw, Truster shall <br />give prsWic.trotice of salt to ilia persons and in the manner prescribed by appicaMe taw. Trustee, without demand on <br />Sorrawer, shs6 txa #„s Property ~. pahlie aartinn m the higfaest bidder at tin time and plane and under the terms designated <br />in the atrtke of"sale iu one-or more parcels sad to such ender as Trustee may determine. Trastee may postpone sale of aU <br />or atsy~parcet~of-tM Froptrty br pubBc anntwacement at the rims and piece. of any prcvkouslp scheduled sale: Lender or <br />Ltndsr's dnrigaes may pnrehsee Ws Proptr[y st aqy sale. <br />llpoe.rtesipt of patznent- of t7ae prig bid, Trastee shag [klivrr to the purchaser 't'rustee's deed etmveying the Properq <br />said. 11r ~.ra3iabt -let the `Crvstet's deed shat) be prima facie evidence trf the truth rrf' the statements trtade therrin. Tncstc~e <br />spell spldy the proceeds of the stria is the folbwing order. tat to a6 rsasonatrk costs acrd expenses of the .salt, iocltrdkag, bat <br />oat Umit~d fo,. Trrmlee'B Yces of Hat mare titan 4a of 79'r of the gross sale price, nasonabk aY[arnsy's Cees and costs d title sciderrce; <br />{Ire-to aB.soms~reaired hy.tlds C)eed of Trtrst; and (c} the excrss, li any. to the person err ptrsars lega6y entitttd thereto. <br />19 6artower'>F itipltt fo Rsim~tatt. Notwithstanding Lender's accsleratic?n al the sums secured by this Deed of Trnsi. <br />Borrower strait ktave ttm fight to have any prxteding~t begun 6y Lender to enforc~t this Dttd of T'nast discantinaed at <br />any #rtrie-pt'inr-ta the earleer to oecueaaf ti) the fi€th day before the salt of the Propetl.y pursuant to the power of sake cam:uned <br />m ihts L7eed of Trust ur (rij erury of a jrxd$trrem enforcing this I)ecel c+t Tnast iF. {at Borrower pays Lender all sums which wtxaltk <br />teettaert-dux gimlet'tins Duet of Trust, ikte Ntue and noels securing Fatture _4dvaraees, if any, had na arcelerxnan occurred: <br />(b) llnrtosrsr= rtrtca ski breachsa of say-zither covtnantx or agrtttnents of Borrower eontainod in this iA•ed .,.f Truer: <br />trt Barrowar.pays~akt rsswnabkt-sxpenaox 4ncurmd lay I.rndsr-and Trtzsiee in enforcing rhs coo-~enarta attd arrcemtnts of <br />Ratrarstn° togtatxeod-fta fhix Desd.of-'trust and. in enfurring Condor's and Trtrstte's remedies as provided in paragraph i S <br />heron#. irtetudkng, fun not. hmitrd W, rtasonabks aricattt,w's fees: end 7dk 13arrnwtr takes such acti<xr n< Lender may rensnnabky <br />arc. ta -aasore ittat tiro flans-at itrar I3t~ed of Ttttai. "f.endet'v inttrsat in rho Prapsriy :and Barrowsr"s nhiigafiarn t„ to?t- <br />