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$4 ---001 ~~ j_ <br />9. Catrtkmnalbn. The prnceeds 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 ix 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 went of a partial taking of the Propery, unless Borrower and Lender <br />otherwise agree in writing, there shall tx applied to the sums secured try this Deed of Trust such proportion of the proceeds <br />as is equal to that proportion which the amount a( 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 abandoned 6t' Borrower, or if, aher notice by Lender to Borrower 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, Lends is authorized is collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the sums scented by this Deed of Trust. <br />Linless Lender and Borrower otherwise agree in writing, any such application of proceeds m 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 installments. <br />10. Borrower NoY Released. Extension of the time far pnymeot or modiScation of amortization of the sums secured <br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall eat operate to release, in any manner, <br />the liability of the original Barrower and Boaower's successors in interest. Lender shaft not he required to commence <br />proceedings against such successor ar refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Dced of Trust by reason of any demand made by the original Borrowee and Borrowei s successors in interest. <br />11. Forbearatrce by Lender Not a Waiver. Any forbearance by Lender in exercising any right ar remedy hereunder, ar <br />otherwise afforded by applicable law, shall not tse a waiver of ar preclude the exercise of any snch right or remedy. <br />The procurement of insurance or the payment of taxes or ether lions or charges by Lender shall not be a warver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />11 Remedies CumulaHvc. .411 remedies provided in then Dred of Trust are distinct and cumulative to any other right <br />or remedy under this Dent of Trust or aftordrd by law nr eyuicy, and may ire exercised concurrently, independently or <br />suceeasivetyy. <br />13, Suretstsors and Asaigm Bound; inlet and Several LiabHNy; Captions. The covenants and agreemenu herein <br />contained shall bind, and the rights hereunder shalt inure tn, the respective successors and assigns of Lender and Borrower. <br />sub}ect to the provisiorn of paragraph 17 hereaf. Aft wvensnts and agreements of Harrower shaft be joint and several'. <br />The captions and headings oI the paragraphs of this tJetd of Trust are for convenience only and are not to be used to <br />interpret or degree the provisions hereet. <br />14. Nolke. F,xregt far sny notice requered under apphcatrte taro to he given in another manner, (a) any notice to <br />Borrows provided fur m this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address nt at such other address as Barrower may designate b}^ nmict to Lender as provided herein, and <br />th) nny notice to Lender shall lx given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as C,emkr may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust sfiaif ix deemed to have been given to Borrower er Lender when given in the manner designated herein. <br />13. Unitoran Deed of Tttmf: t:averning Law; SevenbHify. This term of deed of trust combines uniform covenants for <br />national use and elan-unitorm covenants with limited variations by jurisdiction to oonstitute a uniform security instrument <br />covering real propeny. This Deed of T'ntst shat! he governed by the law of the jurisdiction in which the Property is located. <br />In the event that any pravssaon or clause of this Dted of Trust or the Note canRicts with applicable law, such conflict shall <br />not atitcu other provisions of this Decd of Trust ar the. Nate which can he ggiven effect without the conflicting provision, <br />slid ra this aid the provisions of the Decd of Trust and the Note are dtxiarcd to hr severable. <br />16. Borrower's Ctrpy. Borrower shall bt furnished a contermed copy of the Nate and of this Deed of Trust at the time <br />of ezerution or efts recordation hereof. <br />17. Trar~a of the Ptolevty; Aranmptlow. If aft or any part of the Property ae an interest therein is sold or transferred <br />by Borrower without Landers grim written consent, exctuding lay the Croatian of a lien or encumbrance subordinate to <br />this Decd of Trust. {b7 the r:ratinn of s purchase mnnty serun[y interest far house-hold appplianrts, (c) a transfer by devise, <br />descent ar by operation of law upon the death of a 7oinf tenant or (d! the grant of any leasehold interest of threayears or Less <br />ern containing an eptitin to ppusrrchase. Lender may, at [_ender's option. declare all the sums secured by this Dred of Trust to he <br />immediately due and paynbie. Lander shah have waived such oprion to accelerate if, prior ro the salt or transfer; Lender <br />and the person is whom the Property is to Ore sa[d ar transferred reach agrcemertt in writing that the credit of such person <br />is satisfactory to Lends artd that the interest payable on the sums scoured try this peed at Trost shall-be of such.-ra/e.as <br />l.ttitkr shall regtrnt if Lends has waived the option to urctkrate provided in this paragraph 11, and it Hacrower's succtxaor <br />in interest has exera[ed a written asstimptiau agrrentent accepted in writing h}' t.tnder, Linder shad release Borrower from <br />all obligations ands thin Decd of Trust and the Nola <br />If Lemke exercises such option to acreferatr, Lender shah mail Barrower notice; of acceleration in accordance with <br />paragraph l4 hereoL Such notior shall provide a txriud of not ftss than 30 davs from the daft the notice is rnailEd within <br />which Hturower may gay the Burns dertartd doe, lt' Horrawer fails in pay surh~surm.peior to the expiration of such period, <br />Linder Wray, without tunher entire or demand on &~rrawer, invoke anw remedies permitted by paragraph I g hereaf. <br />Nnri_Urttt=ortnt Covetvsxrs. Borrower and Lender tunher covenant and egret as follows: <br />Ill. Accekratitsw: Rrrnedka, Fxrep as provided in ptualtrtrph 17 hereof, upon-Btrrrowtr'a breach of any roven~at ur <br />aRttement of Borrower in the Ixed at Trust, inrludina the covcnanA in pay when dot nay soma secured by this'. Deed <br />at Trtr61, [.ruder prior to accekratbn skaB malt notice fo Borrows as provided in paragraph 14 hereof speei[yirr~: (1) the <br />breach: iLi ihr aetbn required to cure such breacfi; {3) a dale, not less than 30 days from the dale dht notice Ls muted to <br />Borrower, by wkkA sucA hrtacb must be cured: and 14) that failure to tore Both breach an ar before the date specified <br />is efie notkt may result in accekration of the sums secured 6t' this Ihrd at Trust' and sale al. the Property. Tfic nakt <br />shalt inriher irttarm Borrower of Ihr rfRht w reirMaft after arceleratioa amt Ike right [u bring a court action to assert <br />tM nun-exlsttntt of a detsult ar ang other defense of borrower to acreleralktn and Bak, If-the breach is not cured <br />oa ar helper the daft xperiNed in the make, Lender at Lender`s spline may declare all of the sums secured by kris Deed <br />u[ Trost to br immdmtcty dot and payable whhout Fnrlficr dtmarrd and may invoke the power of sale and any other remedies <br />pcraaiHd by app6rahfe law. Gender shall be entitled to ralket alt reasonable costs and expenses incurred in pursuintt the <br />remedies provided in thin partrgrapk 1& incFudisgt, bat- col limNed ta, reaaanabk antwaty's tees, <br />!F Ilse power of salt ~ igrvoked, 7'rmtee slmil retard a ttolire of default in rack county in wfikh lhr Properly or same <br />pariefiereof k totaled sad afiall soil ropks of suck entire in the manatr prescribed ley. apptkable law lu Borrower and to the <br />dtsa lrersans prtstriked by~ appHeable law. Aber the taps! of suck time as may 6r repaired by rpplicable law, Trustee shall <br />hive patslir aotkt of sale to !fit pawns and in eke manes prescribed by applicable taw. '1'ruWee, wNhoot demand ua <br />Barrower; shah stBtfie Proptriy a! public auctwn fo the highru 6tdder at the time and place and ands the terms designated <br />io eke tsotire of-sale in oat or more parc<k and in lurk order as Terence may drlertrrtnt. Trustee may paxtporw sale of ail <br />or ally pare!! of the,Properiy~by pabik ~anaorsnrrmem-af tkr limy artd place of aqy-previously scheduled sett. Lender ae <br />LtaiaPa dtaigaee asst' laurctsrit tbt.hoperiy at-airy sYe. <br />i~rpaa- rx,«lot of pay~au of !fie price. kid. Truster shag- deliver to Ike purchaser 7`tucite's herd cuoveytng -Uee Property <br />void. Tlar: rrrltah k eke `!'rinrtte"s died s(saH let prima tack rvidenrt ut the irtuk of the s[alemenLv made thereon. Truatte <br />~ rppiv the prartak~ ~ ih!c ~~ is the-ta8awing ~arder: te1 to all rraetunaWe rusts and expenses at tkc sale, indrMingr but <br />!sat ibstile0 w, Crlattte"a ~~d not mtar ttua ~ aF L'Ir of !fie grtavs Bak prh'e, reasrasable attgrrrty's tits-and rants trf title-rv~ensw: <br />th i to all titans srrrrtxd kv tfiis hxtrF at'1'fssst; and trt the excess, itanY, to the prrsim isr persons kttaity entitled therein. <br />IS. iorrower'ir Rllditf4 RalaatMt. Noiwitkstxttding L:,mdtr=s art-rierattan al the sums secured by this Drrti of l'rust, <br />B~.rrrawer shah bare rite right to kavt any ptix*rrdings begun by tender ter eatnrcc this tlrsvF of 'Trust diseammtecd ai <br />ally f,nm pr,c.r to the ¢arl,er to odour of {aj the Rfth dsy Faotdrt tilt sale of the Praprny punnant to eke Anwar of safe cantainrd <br />,n this Used >{'Test or i„! entry of a Judgmtnr enforcing this Dted of Trust if' {a) Harrower pays k.ender aN sums svh'sck wntild <br />tr teen deic ur,dCr this L?rr~.t of Tttisi. ttre Note sod nertas sresrring P"utarr Advattrrs, if any, lead nn accrtrrarion ata.urrad; <br />f~a Barn»er ;arc. atl hraathrs of slap seiner cavetiants ar agrtxmrms nt liarrcawtr cmita3ned m this Dted of ~Trirsr, <br />?;fit ik~rrrnr~r nsta at! mb+arnstttt expanus iircurvrt{ kti l.endcr sad 1'rirsyt+,~ in epfivring the e^crk~rnnnts anti egrrrmenft nt <br />Bt<rr>:.srr r,intarnc<l in :has L}etd of 'Trust-.and in rnfnrcing ientkr's s;,d Ir,;,tec s rrrtxedirs a pcovidtd sn liaragrapk is <br />tear«rt, ri4'radine. hue tsrt_lirrtittd ta; ttt[st}ietl attrrrtity's fees; artd fdd Hr»rtwtr !,ice sttrla srtitin as t_rrsdcr teat'- raasnnahiy <br />rey.,>rr r senate that lire 1{teti ref Fkis DDatd of "Tearer, t.rtsdrt~a hYtrr'@,3t m ltae #hal'ty self Btumwcr"s irlrfe,{{ataazi to roc <br />