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<br />83-005237
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<br />9. COiMIem...... The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemlllltioll or other taltiDg of the Property, or pan thereof, or for conveyance in lieu of cODdemnation, are hereby assigned
<br />and .hall be paid to Lender,
<br />In the event of a tOlaltalciDg of lhe Property, the proceeds shall be applied 10 the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower. In Ihe evenl of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree iD writlDg, there shall be applied to the sums secured by Ihis Deed of Trust such proponion of the proceeds
<br />a. i.equat to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taltin, bears to the fair market value of the Property immedialely prior to the date of laking, with the balance of the proceeds
<br />paid 10 BolrOwer.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thai the condemnor olfersto 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, eilher 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 il1lltallments referred to in paragraphs I and 2 hereof or change the amount of
<br />such instalIments.
<br />10.- Borrower Not ReleasEd. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trost-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 am'artizatian of the sums
<br />secured by this Deed of Trust by reason of any demand made hy the original Borrower and Borrower's successors in interest.
<br />11. Fo"""""""e by Lender Not a Waiv.r, Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall nol 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 shaH nat be a waiver of Lender's
<br />right to aecelerate the maturity of the indebtedness secured hy 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 Trost or afforded by law or eqUity, and may be exercised concurrentiy. independently or
<br />succeosively.
<br />13, SuCt'CSSOrs ud AssIgus Bound; JoInt 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 the provisions of paragraph: 17 hereof. All covenants and agreements of Borrower shaH 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. Notlu. 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 Propeny Address OT at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shall he given hy certified mail, return receipt requested, to Lender's address stat.d 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 />IS. Uniform Deed of TnBt;. Governiq Law; Sevel1lbUity. This form of deed of trust combines uniform covenants for
<br />national use and non-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real propeny. This Deed of Trust shall be govcrned by the law of th. jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other proViSiOD3..of. .lhis Deed of T. ...rust. 0.. r the Note which can be given effect without the conflicting provision,
<br />and to this end the provisions of theDeed of Trust and 'the Note are declared to be severable.
<br />16, Borrower'. Cop)', lloIfO!!'~,sball he'furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or afler recorilatioo hereof,
<br />17. Tnasfer of the Property; A5lHI1IIpdoo. 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 fa) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase money security interest for household appliances, (c) a transfer hy devise,
<br />descent or by operation of law upon the death of a Joint tenalU or (d) the grant. of any leasehold interest of three years or less
<br />not containing an option to purchase. Lender may. at Lcnder.s option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable.. Lender sball 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 transferred reach agreement in writing that the credit of such person
<br />is sati$Jactory to Lender and that the interest payable on the sums s~~ufed by this Deed of Trust shall be 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 option to accelerate. 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 day. from the date the notice is mailed within
<br />which Borrow.r may pay tbe sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may. wjthOUl turther notice or demand on Borrower, invoke any remedies permined by paragraph 18 hereof.
<br />NON~U NlflORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18, Acceleralioa; R.medies. Except.. provided In paragraph J7 hereof, upon Borrower'. breacb of .ny COVenant or
<br />acreemenl of Borrower in this Deed of Trust, including the co\'enants to pay when due any sums secured by this Deed
<br />of Trust. Lender prior to acceleration sluoll mail nolice to B....rower as provided in ....racr.ph 14 hereof specifying: (1) the
<br />btea<:h; (2) lhe a<lm required 10 cure .u<h bnacb; (3) a date. not I.... than 30 days from Ih. date Ihe notice is mall.d to
<br />Burrower, by whkb such bnach most bo c.....d; and (4) .th.1 fallur. 10 clIre such brea<:h on or hefore the date specified
<br />iD thenotic. may resull in acceleration of tb. s.nns ..cured hy this Deed of Trust and sale of Ih. Property. The notice
<br />shall further imono Borrower of the righl (0 reinstate aftu acceleration and the right to bring a coun action to assert
<br />the 1\OD..existelK'e of a default or aoy otber dtfense of BorrQwer to acceleration and sale. If the breach is not cured
<br />on or bofore lhe dale specilled in the notice, Lender al Lender.. OptioD may decl.re .11 of the .ums secured by this Deed
<br />of T~t to be immediatdy due_ud payable witbout further demand and_IRa)' in,,'oke the power of sale Bnd any other remedies
<br />perqdlled by appIi(abIe law, Lemler shall he entitled 10 coll.ct all reasonable cosls and expenses inenrred in pUniuing the
<br />remedies pro.ided is lhisparacraplt 18. iocludlng. hut not limit.d to. reasonahle attorney's fees.
<br />Ifthe AAW.... of sale is isvoked, Trustee .hall record. nolke of default in each <ounty in which the Prop.rty or somc
<br />part. Ihcre<K is located and shall ...aiI. <opieJ< ofsu<h notice in Ihe mann.r prescribed by applieable law 10 Borrower and to Ihe
<br />other. 1"'........ pmoeribed by applkable law, After the la"",, of .uch time as may be required by applicable law. Trustee .h.1I
<br />JlIve pulllk nolke of sale to tile persons ud in Ihe manner prescrihed by' .pplicable law, Truslee, wltbout demand on
<br />BomtWer. shall sd! tile Property at pubIk: auction to lhe highest bidder .t the time and place and under th. t.rms designated
<br />In tho> notlc. of. sale ia ..... or mote. """",Is and i. such order as Truslee may det.rmine, Trust.e m.y postpone .ale of all
<br />0< -..y, parcel of tile hoperty by polllk _ncemoot al the lime and place of any previously scheduled .a1e, Lender or
<br />Leader'. dcsl&nee-y putt.... tile Property. al-..y .ale,
<br />UJlOOrecelpt ofpay..lIt of the price hid, Trost.. .balI dl!liver to the purcha""r Trustee's de<<! con.eying the Property
<br />liO\d.. The ~.. in the. Trustee's de<<! shaII.be prima facie e.ideoce of the Iruth of the statemeots made therein. Trust..
<br />slo!llI. _ the, i><oceccis of the. sale In .... foil<t".i"llor.der: (al to all re........bie costs and expe...... of the sale, including, hut
<br />""".~ll\. 'frustee'.r.... ofnol.Rl.OfetiullJ ;., of 1<;1, of the llfUS5 sale price, reasonable attorney's fees and costs of tJtIe ..Idenc",
<br />{b'...lIl1M!1l11......-ed by.tl\ls ll<Ie!lofTrust; lU!d(c)the e.c....II'o"y, 10 the person or person. legally eotitled lhereto,
<br />1-"" ~..._~. RJcW to .....ate. NQfwHhstaf'lding Lender's ac-~e1eration of the sums secured by this. Deed ()f Trus-t.
<br />Bor~o\w'Lf:baU have tbe riaht to, have any proceedings begun by Le-nder t.o ef1fOfCe Ihis Deed of Trust discontinued at
<br />any It,ne pr~or- to the earlier to occur tlf'(i) the fifth day before tJ1;.,;: ule of t~ Property pursuant to the power of sale cllnHlined
<br />inrhis Dcedof -TrUll 0'1 Hi) ~ntry 01 a judiDu~lucnfo-rcing this Deed of Trus.t.l(; (a) Borrower pays- Lender all s.ums which would
<br />he theri.,due--un4or tbit I>eod of ' Trust. t.he NQte <\I:ld noteI' securmg Future Advances. if any, had 00 acceleratIon \)ccurtcd:
<br />{hl ~tq-w_ot tt~ an Drut<_hcs ()-f any, (lther covenanh or -asree:ments of BOHower contained III this f)ecd of Trust:
<br />(~) Bono-w~, -pay-s ~j} rea-.\ooabJc. expc-nllCri incurred by Lender and Trustee in enforc-mg the covenants and agteemenl~ {\(
<br />Ikn-rowcr contaifiw 1n thit ~ of '.nist and ff1 cnf-l'itcina Lender's and Tfustee'~ remedies as provufed in paragraph 1 S
<br />ht.t~t+j~j-mlh~ b:w n(it It-mi.~_ to, ~MOttable- .altOfnc-y'~ f~:s-~ and id) ~rrower takes 'Such adion .\is Lender may rca'~onahlr
<br />rcq>>m: to ~'\"'-that {tw:, Hen_ot thjs 0Rd o( l'rtl.I~. Lernjer'~- intcrct-t In 1h-e Ptopcny lwd Bon-o\l;er's oblisatlon hi pa~
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