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<br />83-006133
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<br />9. CODdemnation. 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 lhe 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 />otherwise agree in writing. there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by lhis 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 by Borrower, or if, after 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, 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 writ:ng~ any such application of proceeds to principal shall not extend
<br />~~cr:'::n~~':ts~ue date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<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 shaH not be [~quired 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 />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising 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. An 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 be exercised concurrently, independently or
<br />successively.
<br />13. Successors Bnd Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind. and the rights hereunder shalJ 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 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 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. Unifonn Deed of Trust; Governing Law; Severability. 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 property. This Deed of Trust shall be governed by ,he 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 conflicts 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 conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be sever:able.
<br />16. Borrowers Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. T~er of the Property; Assumption. 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 uf T..llSt, (b) the 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 Jess
<br />not containing an option to purchase, l.ender 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 transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured hy 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 />an obligations under this Deed of Trusl 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 shaH 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 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 hy paragraph 18 hereof.
<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this lleed of Trust, including 1he CO\'enBnts to pay \\'hen due any sums secured by this Deed
<br />of Trusl, Lender prior 10 aeeeleration shall mail nolke to Borrower as provided in paragraph J4 hereof spedfylng: (1) the
<br />breach; (Z) the acooo required to cure such breaeh; (3) a dale, not I... Ihan 30 days from the date the notice Is mailed 10
<br />Borrower, by wbich such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring II court sction to assert
<br />the IIOII-existence of a default or an)' other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice, Lender at Lender's option maJ declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without further demand and may in".oke the power of sale and any other remedies
<br />permitted by applicable law, Lender shall be entitled to collect aJl reasonable costs and expenses incurred in pursuing the
<br />remedies provided. in this: paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Propert,)' or some
<br />part thereof Is located and shall man c:opies of sueh ooliee in Ihe manner prescribed by applicable law to Borrower and to the
<br />other persons preseribod by applkoble law. Afler the lapse of sueh time a. may he required by applieable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Bonower, shaU sell the Proputy at public auction to the highest bidder at the time and place and under the terms designated
<br />in the DOUce o( sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of an)' previously scheduled sale. Lender or
<br />Lender's deslcuee may p.....h_ the Prol"'rty at any sale.
<br />UJM>>l receipt of paymellt of the pnce bid, Trustee shall deliver 10 the purchaser Trustee's deed conveying the Propert}'
<br />sold. The recitals in lhe Tmsl..,'s deed shall he prima fade evidenee of the lruth of Ihe stalemenls made thereiu. Trusl.e
<br />ohaII-,ply. the proceeds of the sale in the foUowing ordor: (0) to all reasonahle eosts and expenses of Ihe sale, including, hut
<br />not IiIa1ted tot Trustee's fees of not more than 1/2 of 1 % of the gross sale price, reasonable attome,}'ls fees and costs of
<br />::=...._ (b) to all s...... se<ured by Ihis Deed of Trust; and (e) the e.<.ess, If any, to the person or persuns legally entitled
<br />I'. Borrower-s Riehl to Reinstate. Notwithslanding Lender's acceleration of the Slims secured by thi!' DeeJ of Trwa,
<br />Borrower shall have the right to have any proceedings begun by Lender w enforce this De~d of trust discontinued at
<br />,~BY ~ime prior to the ea~.l"ier to Occur .of (i) the fifth da,Y bef<;re the s,lle of the Property pursullnt to the power of sale contained
<br />m thiS Oe\."d of Trust ,?r tu) entry?f a Judgment _cnfotclf\g this Dee~ of Tttlst if: (a) Bono~cr P~\ys Lender all sums,. which WL),dd
<br />he then ,due under lhls Deed of rru~t, the Note and notes sccurlOg Future Advancc<i, If any, hat.l ntl ai..'Cc1CI'Cltl(ln oct.:"urred:
<br />(b) _Born:lWer CUI'e!i aU brc.achei or any other covenants o-r agreemenl" (If Borrower conlained in lhi~ Deed ('If Tw\t.
<br />(c) Dorfe,wer pays. aU rcaw-naMe e.\penses im:u~r\:d by l._tndcr and Trust~ in enfon:mg the c~wel'lan.ts al\~ agn::emCnl\ ,J!
<br />Borrower contained hl this Deed (~f TruS.l and II'!: l':nfQrcmg Lender's aod Tru'\.tt."-c.,;- fCmedies as- prt.wh.kd In p"l";\~raph I H
<br />ht.;-re.of. includio,. but nOllimile-cl to, reiU.onab-tc iltto-rney's f-t..'e$-; and (dl U-orrower takes SIK.h fil..,tion ;t'f Lcnoc-r tn.l\" re;l'i;,-mabi"
<br />re.qmre to at-\UfC th., the lien or ,hi, Deed of Trusl. Lende.r"!; intcrc-:;t in the ProJ)erty And BOHtW..'\:,f':\ -ot>li~,lth\f1 hi Pi)\-
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