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<br />83- 00147G
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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any
<br />condemnation or other taking of the Property. or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender,
<br />In the event of a total taking of the P,operty, the proceeds shall be applied to the sums secured hy this Deed of Trust,
<br />with the excess, if any, paid to Borrnwer, In the event of a partial taking of the Property, unless Borrower and Lender
<br />olherwiseagree in writing, there shall be applied 10 the sums secured by this Deed of Trust such proportion of the p,oceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears 10 the fair market value of the Property immediately prior to the date 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 seUle a claim for damages. Borrower fails to respond to Lender within 30 days after Ihe date such notice is
<br />mailed, Lender is authorized to collect 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 the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments,
<br />10. Borrower Not Released. Extension of the time for 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 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 against 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 />U. . Forbe......nc:e by Lender Nol a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicahle law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance 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 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 he exercised concurrently, independently or
<br />successively.
<br />13, Successors and Assigus Bound; Joint and Several Liability; Captious, The covenants and agreements herein
<br />,ootaioed 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 hereoL All covenants and agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust arc for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law lO be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be 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 notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to
<br />such other address as Lende, may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower Of Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Se~el1lbility. This form of deed of trust combines uniform covenants for
<br />national use and nQn~uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property, This Deed of Trusl shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Dl'ed of Trust or the Note connicts with applicable law, such conftict shall
<br />not affect other provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable,
<br />16. Borrower's Copy. Borrowe, shaIrbe furn.shed a conformed copy of the NOle and of this Deed of Trust a. the time
<br />of execution or after recordation hereof.
<br />17. Transfer of Ihe Property; Assumpdoa. If all or any part of the Property or an interest therein is sold or ',ansferred
<br />by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) tbe creation of a purchase money security interest for household appliances, tcl a .ransfer by devise,
<br />descenl or by operation of law upon the death of a Joint tenant or (d) Ihe grant of any leasehold interest of three years or less
<br />not conlaining an oplion to purchase, l.ender may, at l.ender's option, declare all the sums secured by this Deed of Trust to be
<br />immedialely due and payable, Lender shall have waived such oplion to accelerate if. prior to the sale or transfer, Lender
<br />and Ibc person to whomJhe Property is to be sold or transferred reach agreemem in writing that the credit of such person
<br />is salisfaclory to l.ender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as
<br />Lender 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 obligations under this Deed of Trust and the Note,
<br />If Lender exercises such oplion to accelerate. Lender shall mail Borrower notice or acceleration in accordance with
<br />paragraph i4 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed with:n
<br />which Borrower may pay the sums decla,ed 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 permiUed by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18, Ac"",lenolloor, Remedies. Ellcept as provided in pantlnph 17 hereof. upoa Borro..er's brea<:b of any covenant or
<br />lIIl_t of Bono..u in this Deed of 'rmst, lndudlna the cove_ to pay ..hen due any sums secUM by this Deed
<br />of Trust. Leade< prior to acederalion shall mal _lee to 8............. as provided in .....nph 14 hereof spedfyina: (1) the
<br />",,*,10; (1) the ""tioII requU:ed to core sucll breadl; (3) a date. DOl less than 30 days from the date the notke Is malIed to
<br />Borro....... by ..lIkb suclI breach musl be clU'ed; and (4) lhat fllilwe to core such breadl on or before the dale specified
<br />in the notice may result in acceIerat~ of the so.... _ured by this Deed of Trust and 5lIIe of the Property. The notice
<br />shall further ioform Borro..er of the riCht to ~e aft.... ""celtnlioR and the riCht 10 IlIill& a court ""lion tn assert
<br />lhe non-edstence of a deflltllt or any other def_ of Borro...... 10 acceleration and sale. If the breach is not CUM
<br />on or before tbe date spedIied in the notice, Leader at Leader's optioB may declare aU of the sums secured by this Deed
<br />of Trust to be immediately dOle and payable wll....... further demand and may invoke the power of 5lIIe and IUIY other remedies
<br />permitted by applicable law. Leade< shall be elllilletlto coiled all ............... COSls and ell~ lnatrred in pursniDJl the
<br />remedies provided in this .......""" 18, lndllllillc. but DOl Iimlled to, ~ attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default iu eacb counly in ..lIkh tbe Property or some
<br />pad thereof is IMated and shaIllDIIiI wpies of soda notice iu the m_r prescribed by applicable law 10 Borrower...... 10 Ihe
<br />oIher ~ p.-ribed by appIialIIIe..... After the IapR of such time as may be reqUlied by applicable law. Trustee shall
<br />&1ft plIIIIk notice of sale to the persoG5 ...... in the m_ prescribed by applicable law, Trustee, without demand on
<br />Borrowu. shall seD tile I'n>pedy at plIhIk """lion to the bi&best biddK at the ~ ...... place and under the lerms desianated
<br />ba the ~ of _ iR OM or ......, JNln'ds and u. soda ortler as Tnostee may detenalne. Trustee may postpooe sale of all
<br />or ..y pal'ftI of the Pnaperty by paIIIlc _ at the ti_ aad place of any previously schedulecl sale, bnder or
<br />Leaden detIi&- IlI8y plIIdlMe tile Property at any sale.
<br />U,.. receipt of JlIQ'_ of the price bid, Trustee shall deliver to the pun:h_r Trustee's deed conveyiug the Property
<br />soW, The redtaIs iu the T.....ee's deed.... be prJ.a facie ev~ of tbe trutb of lhe statemealli made theRin, Trustee
<br />........,. ... ~ of die sale ia the folio.... order: (a) to aU reasonable c_ .... ellpelllleS of the sale. inc:lndina. but
<br />............. ...1'notee... fees of..........., thaa .05 % of the Kross sale price, ............ atlorney's f_ and <'U!lts of
<br />lIIIe...~ (b) to aII_ secured lIy t.... Deed of Trust; and (c) the elll-e55. if ..y, to Ihe person or pel'lUllS ~"Iy entitled
<br />........
<br />19. .............. to ~ NotlNitbJlandilllll.ende,'s acceleration ollhe "lms Sl'Cured by this D<'Cd of Trust,
<br />Borr~ ~a11 have theriaht to have any pr~illll" hettun by l.ender to enl"",e this Deed of Tnost disn'l\tinued at
<br />any "_ poor to the carlle' 10 o<<ur of Ii) the fif'li day hefore the sale of the Property pursuant 10 the power 01 sale conlamed
<br />In. this Deed of Tru.t or (Ii) entry of a judgment enfon:inalhi. Deed of Trust If; (a) Borrower pays Lender all sums whIch would
<br />be then due ullder Ih.s Deed of Trust, the Note and notes _urina Future ^dvan.:es, .f any, had no ac<'Clenotion <>ecurred;
<br />(1)) Barro_ cllla all bhlll<:hcll 01 any other covenanls or agreements of Borrower contained lD th.. Deed "f Trust:
<br />Ie) ~ par< al! ~bIc espel\lleS incUrM by Lender and Tru.tee . in enforcing the <<)Venants and agfl'Cmenb ,,1
<br />Bor~ eOfltal1led In Ih14 Deed of TfU$1 and on enforcing Lender's and Tm"ee's remedi"" as prOVIded lD paragraph I~
<br />hetcof, 11ICludiaa. bul not iiauted 10, rc_ble allorney'. fees: and (d) Borrower talte. such sellon .. Lender may reasonably
<br />rcquttl;: to ~ that the hen of thi.. lleed of Tru\t, tender', intef\':5l lO the Property and 8ornn.~-er\ "\ob~i&~tU;wl.,(O- pa~
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