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<br />84-003451
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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 10 Lender.
<br />In the event of a 10lallaking of the Properly, the proceeds shall be applied to the sums secured by this Deed 01 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. tbere shall be applied to the sums secured by this Deed of Trust sucb 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 o[ the PropeMy 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 daim for damages. Borrower fails !o 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 optionj either to restoration or repair of the
<br />Property or to tbe sums secured by this Deed of Trust.
<br />Unless l.ender 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 10 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- comme~ce
<br />proceedings against such SUcce.uor or refuse to extend time for payment or otherwise modify amortization or.-the -sums
<br />secured by this Deed of Trust by reason of any demand made by Ihe original Borrower and Borrower's successors :in .inte~t;
<br />11. Forbearance by l.ender Not a Waiver. Any forbearance by Lender in exercising any right o,r remedy:be~l1n.4er,: or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of aoy such ri~hl 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 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 Trust or afforded by law or equity, and may be exercised concurrently. independentlf._'or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several LiabUity; Captions. The covenants and_ aa:reements h.ere~~
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender. and- Borrowerj
<br />subject to the prOVisions of paragraph 17 hereof. All covenants and agreements of Borrower shall'- be joint' and-- s~veraL
<br />The captions and headings of t.he paragraphs of this Deed of Trust are for convenience only and are not to. b,e used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for .any notice required under .~Jjcable law to be given in another mannert ,(a) any- :notice ,to.
<br />Borrower provided for in this Deed of Trust shaH be give. y mailing such notice by certified mail ,addressed. to-Harrower-at
<br />the Property Address or at such other address as Borra ,- , 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 aJdress:stated-here~.::or-:~o.
<br />such other address as Lender may deslgnKte by notice 10 Borrower as provided herein. Any ootic:c._ 'provided. .for in)this
<br />Deed of Trust shall be deemed to !lave been given to Borrower or Lender- when given in the manner-_desigtlated',helci..,,:~
<br />15. Uniform Deed of Trust; (.#o't'eming Law; Severability. This form of deed'of trust'combi-nes unifonn~coYenants-fo-r--
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security_- inStrument
<br />covering real propeny. This Deed of Trust shall be governed by the law of the jurisdiction in-which the_ Property is loca~e~I.-
<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- provisio.n~
<br />and to this end the provisions of the Deed of Trust and the Note afe declared to be severable.
<br />16, Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the tiine
<br />of execution or after recordation- hereof. -
<br />1.7. Transfer of the PJOperty; Assumption. If all 0r any par~ of the Property or an interest therein' is sold or transferred
<br />by Borrower without Lender's,.prior written consent, excluding (a) the crealion of a lien_or encumbrance subordinate to
<br />this Deed of Trust, (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 cf 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 payablc_ Lender shall have. waived such option to accelerate if, prior to the sale-or transfer,' y:nd_er
<br />and the person to whom the Property is to be sold Of transferred reach agreement in writing that the credit :of such_ person
<br />IS satisfactory to l.ender and thai the interest payable on the sums secured by this Deed of Trust shan be_ at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 171 and if:Borrowec's liucc~or
<br />in interest has executed a written assumption agreement accepted in writing by Lender, -Lender shan release Borrower from
<br />all obligations under this Deed of Trust and the Note,
<br />If Lender exercJses such option to accelerate. LenJer shall mail Borrower notice of acceleration in accordance _ with
<br />paragraph 14 hereof. Such notice shall provide a period of not Jess 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 s.ums prior to the expiration of- such period,
<br />Lender may, without further Hatke or demand on Borrower, in....oke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIfORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Al't'eleration; Remedies. Except a'i pro\'ided in paragraph-!7 hereof, upon Borrower's breach of any covenant _or
<br />agreement of Borrower in this [)eed of Trust. int,;luding the covenants to pa)" when due any sums secured by_ this D,eed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as pro\'ide~ in paragraph 14 bereof spe~ifying.: (I) the
<br />breachj (2) the acUon required to cure such breac::h; (J) a datet not less than 30 da:fs from the date the notice is mailed to
<br />Borrower, bJ which such brea<:h mu!'>t De cureri; and t4} inai luiiun: ;0 Hi.e Si.ith h.l~adj _Uti u~ bd~:-c. the- d;t~ ,,~dfi~d
<br />in the nolieI;' may resuli in acceleration of the sums snured b)' rhis need of Trust and_ sale of the Property. The notice
<br />shall further inform Borro~-er of the right io reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or an} other defense of Borrower to ac('cJeration and sale. If the breach is not cured
<br />on or before the date specified in the notice. Lendcr at Lender's option ma}' declare aU of the sums secured by tbis Deed
<br />of Trust to be immediately due and payable without further demand and may i",~okt' the power of sale and an)' other remedies
<br />permitted b}' applicable law, Lender shall be entitled to l'oHed aU rea."ionable t,'osts and expense,'li incurred in pursuing the
<br />remedies pro\'ided in this paragraph J 8, iududing. but nor limiled 10, reasonable ut1orocJ's fees.
<br />If the power of sale i.'i im'oked, Trustee shall record ~ notice of default in l'uch count)' in which the Propert)" or some
<br />part thereof is located and shall maill'opies of such notice in the manner prescribed b.\, applicable la\\.' to Borrower and to the
<br />other persons prescribed b)' applkable law. After the lapse of such time as may be required by applicable law, Trus'fce shall
<br />gh-'c public nutice of sale to the persons aud in the manner prescribed b}' applicable law, Trustee, without demand on
<br />Borrowe-r, shall sell the Proper1)' at public auction to the hi~hest bidder at the time and place and under the terms designated
<br />in the notice of sale in one oc mocc pan..'els and in su(,h order as Trustee may determine. Trustee may postpone sale of all
<br />t.r an)" parc('J of the Propert)' bJ publh: announcement at the HOle and place of an,)' previousl)' scheduled sale. l_ender Of
<br />Lender's d~ignte may purdmse the Property at an)' sale.
<br />Upon fl'ccipt of puyment of the prke bid, Trustee shaU deliver to the pun:hiJscr Trustee's deed t:un\'t'yin~ the PrOpt:I'1)
<br />sold. The redtals in tht: Trustee's deed shall he prim!! fade t.'~"idt'nct' of the truth of the stalcmcnt~ ltlUdl' therein. lrus(!2-c
<br />shall applJ the procet.-ds of the salt' in the foHuwing order: (a) to aU rt,'llStmabh.' tosh and CXpi.'nses HI' the sale, induding~ bu'
<br />not limited to, TnL..tet':'~ r(~S of not mort.' than VJ< of 1% of the gross salt' prict" rt'asonahll' atturney.So fees and ('OSI5; of title I.:\"jdencc;
<br />(b) to all sums set:urcd bJ this Ilct.'d of Trust; liod (f) tht, cxn.'s:'), if <<0)'. in the person or pt'rson~ le~all) ('ntit1~ therdn,
<br />19. Bor:rower's Right to Reinstate, NO!wilh1itanding Lt:ndcr\ <K~:dcl.J:fi,1ll or Ih!.," )um~ :.ccurcd by thi.. Dc~(J ,If 1 fH'.:'
<br />Borrower shall h~iVl~ the right In have any rrocl':eding~ begull hy 1 coder h: cnfon.:c lhls Deed (.f Tru~l dlSC(llllll1ill:d ,II
<br />~ny time prior to dw. cadicr to occur of (i) llw fif!h day be-fore lhe ...:tIc ~)f the P~opcrty pur.suant to !h~ pO\i,-cr (If
<br />10 this- Deed of TrwH or (II) entry ()f a judgml;l\t enfnrdng Ihi'S Deed of 7ru:!.t If: ta) Borrower pi'l}''' I.ender all S-Wlh
<br />he then due under this Deed \\f' Tnl\-!, the Nole ;1tliJ oolC:. ,.,c{:l.lting FlIhHt' AdvulIl..'e-:-.. if ..illY. h;ld IW :!I.:(ckn'l!wn
<br />ih) Borrower (."ure~ all brc~~che~ of any oHH:r {:ovcnanh fif agn:t'nh~nh pI' nOrr0\~(,1 cOfltaiHt"d ill dm lkl"d
<br />(c} Borrower pa)'!;- all n::;\'.ooanl(;, ~,\pen"cs ili(,;urrcd by Lenda and Tnl\IC'C" in Ihe C.)\\~li:Hlt_\ and .lgrc-CU1t'l\lS III
<br />Bornw,'c-r cOfl!aine.d III lhis Deed of Truo::! and in enforcing! coder\ ;ll1d Tru"-lc{'.', J~ rr\-'\"id\~d III p,lfagr.iph \X
<br />here-e)f, induding, DUI no! limlteu to, rel'iOnahlc attoro!."}'''; l'l.'t"<;: ;'Im! {.Ii Hclfwwn 1~-1.kn ..neh ~\~'l!on J _cnda ft';l"i,'P:lhh
<br />require 10 aS~\Irc thai {hI: lien of thj~ Deed of Trust, fender'.. inH:'f\;'''t Ii) tho;;: Pf~lf'{'r!\ ~H)d BNT<,Wt:(, ;,; ~l;i\
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