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<br />83-00180,3
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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 part 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 Property, the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Bo~rower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by Ihis Deed of Trust such proportIon of the proceeds
<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 to 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 abaodoned by Borrower, or if, after notice by Lender to Borrowe, 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 />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 />Il. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exe,cising any right or remedy hereunder, or
<br />otherwise afforded by applicable 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 10 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 />successively. .
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herem
<br />contained 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 hereof. All covenants and agreements of Borrower shall be joint and severaL
<br />The captions and headings of the paragraphs of this Deed of Trust are 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 to 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 nOlice 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 Lender 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 or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trost; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering .real property, This Deed of Trust shall be governed by Ihe law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicls with applicable law. such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conllicting provision,
<br />al)!t 10 this. end the .provisions of the Deed of Trust and the Note are declared to be severable, , ,
<br />16. Borrower's Copy. Borrower shan be furnished a conformed copy of the Note and of th,s Deed of Trust at the lime
<br />of execution or after recordation hereof,
<br />17. Tnnsfer of tbe Property; Assumplinn, If all or any part of the Property or an interest therein is sold or transferred
<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, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable, Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to be sold or lransferred reach agreement in writing that tbe credit of ,uch person
<br />is satisfactory to Lender and tbat the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall request. If Lender has waived the oplion 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 />lf Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance wilh
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due, [f 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 permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Accelenltion; Remedies. Except as provided in plU'a&rapb 17 bereof. upon Borrower's breacb of any covenant or
<br />..reement of Borrower in tbis Deed of Trust, indudinc the covenants to pay wben due any sums _ured by tbis Deed
<br />of Trust. Lender prior 10 acceleration sball mail notice to Borrower as provided in paragraph 14 hereof specifylug: (I) tbe
<br />br'each; (2) tbe action required to cure sucb brellch; (3) a date, not less than 30 days from tbe dale the notice is malled to
<br />Borrower, by whicb sucb breacb must be cured; and (4) tbat fallure to cure sucb breacb on or before the dale specified
<br />in Ibe notice may resull in acceleration of the sums secured by this Deed of Trust and sale of tbe Property. The notice
<br />sball furtber inform Borrower of the rigbl to reinstate after acceleralion and tbe rigbt to bring a court action to assert
<br />the non-existence of a default or any otber defense of Borrower to acceleration and sale. If tbe breach is not cured
<br />on or before the date specified in tbe notice. Lender at Lender's option may declare all of the sums secured by tbis Deed
<br />of Trusl to be immediately due and payable without furtber demand and may invoke tbe power of sale and any other remedies
<br />penniUed by applicable law. Lender shall be entitled to coiled all reMOnabIe costs and expeases incuned in pursuing tbe
<br />remedies provided in this ........raph 18. indllllinc. but not limited to, reasonable aUomey's fees.
<br />If the power of sale is invoked, Trustee shaD record a notice of default in each counly in whicb the Property or some
<br />part tbereof is located and sball mall copies of sucb notice in the manner prescribed by applicable law to Borrower and to tbe
<br />otber persons prescribed by applicable law. After tbe lapse of such ti_ as may be required by applicable law, Trustee sball
<br />give poblic notice of sale to the persons and in lhe manner prescribed by applicable law. Trustee, witboul demand on
<br />Borrower, sbaJJ sell the Property at public auction to tbe bighest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more pa<<els and in sucb order as Trustee may detenoine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announce_nt at the time and place of any previously scbeduled sale, Lender or
<br />Lender's desi&_may pun:haoe the Property at any sale.
<br />Upon Redpt of pay_t of the price bid, Trustee sball deliver to the purchaser Trustee's deed conveyinc tbe Property
<br />sold, The redmIs in tbe Tnostee's deed sbaII be pri_ facie evidence of tbe trutb of the statements made tberein, Trustee
<br />slu...."ly theJll:Oueds of the sale in the followina order: (a) to all reasonable costs and expenses of the sale, induding, but
<br />"'" lintited to, TI1IItee'. fees of not more than . 05 % nf tbe gross sale price, reasonable aUoroey's fees and costs of
<br />tilIeeridetKe; (h) to all sums _.red by this Deed of Tmst; aud (c) the excess, if any, 10 the person or persons legally entilled
<br />.......
<br />19, lIerrower'a Ri&ht to Reiaslate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrowe, shall have the rigbt to have any proceedings begun by Lender 10 enforce this Deed of Trust discontinued at
<br />~ny ~irne priOl' to the car,l!er to occur,of (i) the fiftb d~y bef~'e the sale of the Property pursuant to the power of sale contained
<br />10 thIS Deed of Trust or (II) entry of a ludgment enforc.ng th,s Deed of TnlSt ,f: fa) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and noles securing Future Advances, if any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays all rcasonable expenlle$ incurred by t.ender and Trustee in enforcing the covenants and ag,,-ements of
<br />Bo~ con~ained in Ih~ Deed of Trust and in enfOl:cing Lender'. and Trustee's remedies as provided in paragraph I H
<br />bweof, .ooludtna, but not !omlted to. ~asonable attorney s fees; and (d) Borrower takes such action as L.ender may reasonably
<br />requue to ..ure that the hen of tht5 Deed of Trust, Lender's interest 10 the Property and 8orrower's obligation to pay
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