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84 ~'i~00744 <br />9. Condenurka. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or oche ukirg of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Leader. <br />,_ ~ In [he event of a total raking of the Properly, 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 Borrower and Lender <br />olhenriae agree in writing: then shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds <br />as u egwl to dot proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of <br />taking ban n the fair market value of the Property immediately prior to the date of taking, with the balance of the protteds <br />paid to Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor often to make <br />an award ar settle a claim for damage, Borrower fails to respond to Lender within 30 days afnr rite date such notice is <br />mailed, Lender is wthorized to rnlkct and apply the proceeds, at Lender's option, either to rtetontion or repair of the <br />Properly or to the sums secured by this Deed of Trust. <br />Unlns 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 1 and 2 hereof or change the amount of <br />such irotallmenu. <br />10. Bwrowee Not Refeasd. Extension of the time for payment or modification of amortization of the soma secured <br />'' by this Deed of Trust granted by tender fo 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 commenu <br />procedingt 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 Borcower's stuttssors in interet. <br />1 t. For4aeaece by Lewder Not • Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by appligble 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 faze or other liens or charge by Lender shall not be a waiver of Lender's <br />right to acaJente the maturity of the indebtedness secured by this Deed of Trust. <br />12 Rereis CnrrWlve. All remedies provided in this Geed of Trust are distinct and cumulative to any other right <br />s rv iyyunder this Deed of Trust or afforded by law or equity, and may be exercixd concurrently, independently or <br />13. Saceanws tad Assigns BwnM Jart aid Siereral Llabilky; Capkr. The covenants and agreements herein <br />contained sfiall bind, and the rights hereunder shall inure to, the repective successor and assigns of Lender and Borrower, <br />subject to the provision o[ paragraph 17 hereof. All covenams 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 arc not to be used to <br />interpret or define the provisions hereof. <br />11. Notlee. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower providtd for in this Dad o[ Trust shall be given by mailing such notitt by ttrtifled mail addressed to Borrower at <br />the Property Address or at such other addrns 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 requeted, to Lender's address stated herein or to <br />such othe address as Lender may designate by notice to Borrower ss provided herein. Any notice provided for in this <br />Deed of Trust stall be domed to have been given to Borrower or 1_ender when given in the manner designated herein. <br />IS. UnHrr Ded d TrtwG Gererwiag Law; SeverahBily. This form of dad of trust combine uniform covenants for <br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real properly. This Dad of Trust shall be governed by the law of the jurisdiMion in which the Property is located. <br />In the event that any provision or clause of this Dad of Trust or the Note conflicts with applicable law, such conflict shall <br />not aBat other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision. <br />and to this end the provision of the Deed of Trent and the Note are dalared to be sevenbte. <br />IL. Barrowar's Cagy. Borrower shall be furmahed a conformed copy of the Note and of Chia Dad of Trust at the time <br />of exaution or a[nr rewrdatian hereof. <br />17. Tastier of the Pngesty: Arangtkn. 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 crealian of a lien or encumbnntt subordinate to <br />this Deed of Trust, (b) the creation o[ a purchase money security interest for household cep latices, (c) a tramfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any I let intern[ of three year or less <br />not oonuiruns an option to purchase, Lender may, at Lender's option, declare all the sums sxured by this Dad of Trust to be <br />immediately due and payable. Lender shall have waived such oPLion to acceknte if, prior to the sale or tramfer, Lender <br />and the pendn to whom the Property is to be wld or transferred reach agramam in wntiog slut the credit of ouch person <br />is satisfactory to Lender and that the inkiest payable on the sums secured 6y this Deed o[ Trust shall be at such me as <br />Lender shall request. If Lender has waived the option to accelerate provided in this paragnp6 17, and if Borrower's succnsor <br />in iwtetel hr executed a written aswmption agreement accepted in writing by Lender, Lender shall rckar Borrower from <br />dl obligations under this Deed of Trtrt and the Note. <br />If Lender exercise such ogion to acttlenk, Lender shall mail Borrower notice of acceleration in accordance with <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. If Borrower fails ro pay such sums prior to the expiration of such period, <br />Leader may, without further notice or demand on Borrower, invoke any rcmedin permitted by prraaaph IS hereof. <br />NoN-Unrvwat CoveNatvrs. Borrower and Lemkr further covenam amt agree r follows: <br />16. AccelraNar, Rasetka. FJCegI r grwitet r garagragi l7 tercet, qtM Borrowers Mary of ay corensat w <br />aBssrnat of Batsrwer iti lik Deed of Trrr, rcrdirrg the covenaW a py wMn dw awy subs rcrrsai i!' INs Ded <br />of Trasl, [.ewer girt to acceksatrn sisY art nriae to Berrown r grorfdd r gartpagi 11 iersof gscltyiyg: (11 fie <br />fwaci; (JI tie sctioa n+rrird to ewe std Meac-; (J) a die. wr Ins Iiaa J• trtY+ 6itw lie dM tie notlce V saaYet k <br />Batrowee, iJ' wiici std Mary iris tae cord; and N) fiat hilare to ewe stet Maei r w before tie ire-sgeeiBd <br />r IM: satire rnq resit M accekrotiow p the suit acetic/ toy His Dees of Trwl ad sale of the Pragts/y. The nalee <br />sMB twtYv ialwr Borrower at tie right k eeiwMate after acrekrrion ant lie ri~ltl b Ming • a'orrl actlow to aneA <br />He na-exltsara of a datarM or ay ot4r deface of Rorrovrer to nrraknUsa anti da It tYe Meaa~ Is wot cwd <br />w w before He its sgeegid r the aorta, Lewder r Lenders opiaw nay dcdre rt of the sans secrsai by His pad <br />of Trri a be irredWely Me aN-gayaile wilbaW trrlber dents/ and my rvote.tbe Bower of sti sat say NYerransiMa <br />(eertaiNN try aggBrabk kw. [.enter riall be erWd to coBeet aY rerowsbk rosy sad a:porn rrwsM r prwirrg the <br />renetlra grvMd r flit gatagragb Ig, rrrtlr~, sr .r 4wred k, rararble rlorwey'~ has, <br />It the of rte k rrobd, Tttsrr aboB retard ^ wotke of defaall r welt cow4' r wYelt the Pragerty x sere <br />pass tlreseof ' ~laealyd and arB raY roPMa of wcr notice fa He wsawwer pesrriYat y a~gRr rw a Berrower ad to the <br />dbr gsrrr grocsiMd by +gglk+bl+ bsw. Atkr t-e kgr of aeY tine r ray k sgwint Y~ypliralrle rw. Tutee sYaY <br />gtriBc trllee of oak N tie gerssr ant r the nrwrr grercrtbet -y +lPlk+bk rw. Take, wYbar deryd a <br />sbaY asB Hs lrageAy r gtrlYe arctkw a tin blgiet bitter N lie fire sat glare std wader tie terra dgsraakt <br />r lie aollae of sale r one or non Barak ant r arch otter r Take ray detrrlae. Trtsda any gorgowa sale or aY <br />or w!' g~ ~ H+ ~y b P+Mk awnarsr r tYe lire swt pare at owy pavlwr~y aelretrNt rk. Lewder or <br />Lewin'+islBrys. rw Pr~ire Ha Pr.gealy r wy rk. <br />~~y sscd~l of gaynter of the rke W, Trrrtos aYaR delirer k He grrcluser Trrloe'r daft rnwveyia~ fYe Progedy <br />aobL 7E'M stclhis r /4 Tr~1ae'+ deal slrttR ie gri~a tack erite~re of tYe trwlt of qre raisreYS ra/e tYer~pn, Trwke <br />Y- tie n+csels of tbo attk r He toBowrg orir: (a) a all saosonaMe cask art tagans of the rk, reMrttwg, ir1 <br />r1 l1~rMsl tw rrlea'a hoe of rt ewe ~ 5.0 % o< He gran oak Bike, reasadahk rtortsey's t«s rrtd new of <br />~.-~iiu~xf lYl N ill wn. sec.rd~y fYs prd.t Trtwt: aces (r) lYe otccr+, ff .wy. k tr gar.a. ar gnrar lapRy ewtrka <br />NG Brarwr'i BW M R+istak. NdwitMunding Lenders accekratian of tbe sums azure/ by this Deed of Trust, <br />Borrower ah~lf have lbe right. fa have any proceedings begun by Lender to enfon:e the Dred of Trust discominued u <br />say liras prw to the cattier lti occur of (i) the fifth clay before the sale of the Property pursuant to the powu of sale contained <br />br this pad of Tnw or (iij entry of a judgttwnt sntorcing thix Dad of Trwt if'. (a) Borrower pays Lender all sums which would <br />is then due uifda His Deed of Tryst, t Note aid notes securing Futuro Advance, if any, had no acttkntion occurred: <br />ih) tlorrowu cares afl brcachn of +iiY other covenants or agreements of Borrower conlairted in this Dad of TrusC <br />fc) Burrower pays all reasaiiabk expanee incurred by I,enckr and Trusla in enforrJng the covenants and agraments of <br />Borrower CyaiiilrKd in this Dord of Tracer and in snforcing l.enckri and Trusta's rentedin as provided in paragraph Ig <br />herwt, ittcltiifirt~; but not limikd to rcaaonsbk attorney's fern; and (d) Borrower fakes such action ss Leiyf~et nt+Y rcasynably <br />raiBsiia+ to assure fhta the lira ai this Daerl of Troia, Lender's imeret in the Property and 8orlowu t.;:.A~liMtion to pay <br />