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<br /> 9. Go~sdrrrsrtwst'nan The proceeds of wrry^ award or cWln itir eIgni ,ges, direct ar C0CKegiv:xatb1, ;n connection with any
<br /> cre
<br /> br aasiared
<br /> tomirrai;ation or rather takinx of vbt: Propcsfy, at 1'lt" tlrrtxr0f, or for M"s,tyarrce in ligo of C003tmfiwion, are Is
<br /> arxl steal,' 2+e paid a-) Lender.
<br /> In thy- evert of a total taking of the Propex'y, the proceeds shall tae apf"A to the suns secutrerl by this Decd of Trust.
<br /> with the excow. if any, paid to Borrower, In the r:werrt of a partitrl taking ed the Property, ualest '!3orrower and Curer
<br /> otherwise rtgtee in Writing. there shall be applied ft? The sums' secumd 4ry this, 1~cd of Trost welt proportion of the pro:ccds
<br /> as is cquA in tsal pmlwzion srtr)ch the arttount of the stains :toured by th.s Decd of Trust immediately prior to the dare of
<br /> taking ?sears to the fair mnrket value of the Property immediately prior to t'te date of tacking, with the balance of the proceeds
<br /> liaid to Rorrn'wet.
<br /> If the Property is abondo, ax! by Borro%rr, or if. aft" notice by Lt.rs lcr to Borrower that the condemnor offers to make
<br /> an award or setitle s claim :or dannagm, Borrower fails ro rr~rtsond to, Under within 30 days after the date such notice is
<br /> mailed, [.under is suthorized to collect and apply the prmvds, at benders option, either to restoration er repair of tlr-
<br /> Fropcrty or to ibe surrts aource b-y- this.Dtxd of Trust.
<br /> Unless Lender and Iiormwcr gilsrrsvise. a%trtxt in a°ri:irip„ any six'l ippticaiion of proceeds to principal shall not extend
<br /> or postponc thy: due date of tlv.- monthly insta:lrmttts rt.ferred to in p%ragraphrs I and 2 hereof or chanRc the amount of
<br /> such instatlmctaut.
<br /> 10. Borrower Not Rrlex:ed• Exit:.-ion of the tirrc 17or payrnem or modification of amortizan::Jn of :he sums secured
<br /> by this Dieu of Trust ; rawcd by Lendc, to anp succes, V'r• in interera of Borrower shall not operate !r •c',e;4: c. in any manner,
<br /> the liAbility of the r~riginal Borrower and Br~ ,tower's S;'?Lcessrrrs in intcrrst. Lender shall not b.: required to commence
<br /> proceedings vg:in.st such successor or refuse It, extend time for )payment or otherwise mck:ify amortrratior of the sums
<br /> secured by thin. Decd of Trust by reason of any dcrnant. matte by thtr Original Bcrrowcr and Borrowers successor-, in interest.
<br /> 11. F'orbearaa ce kr Ltnd<r Not a Wili ver. Any forbearance by Lender in exercising any right or remedy hcreun r, err
<br /> c6erw•ise affcrded by applicaNc !aw, shall not )x a waiver of or preclude the exercise of any such right or remedy.
<br /> The procurer:nrnt of insurance or the payment o!f Tax-~ or ~,thcr liens or chsrgtx by Lender shall not Iva watt er of Lcn,lcr'x
<br /> rittht to acceicratc he maturity of the indebtcdnesv: sc•uret' by Ihis C+ccd of. Trust.
<br /> 12. Remedies Cumulrst'rvc. All rr.miedies previd,;d it., this Deed of i mst are distinct an+' cumulative to any ocher right w
<br /> or remedy uccler this fke:d of Trust or affordtd !n•) law or equity, arid -rAy he excrciwd concurrcintly, indelicrdently or l
<br /> successively.
<br /> 13. Success,ars g+rd Assigns Round; Joint w Severed Liability; Captions. The covenants and agreements herein
<br /> co-m3itied shall bind, and the rights hereunder sl'z7'' inure to, the resgecrivc succes:SOM acrd assigns of Lender and Borrower.
<br /> subject to the: provisionti c)f par;:graph 17 htrrri. All covenants Anti ,r,mments of Borrower shall be joint and several
<br /> khe cm+ptioms and headings of the paragraphs o,` this Decd of Trust me tn't convenience only and arc not :o be used to
<br /> inrerprei. or +icfine the provisions hcrt, f.
<br /> 14, Notice. Except for any notice' required ruder appplicable 4kv., to la- g;ivcn in another mannr.r, la1 any notice to
<br /> Borrower providers for in :his Deed cd Trust shah! tie given by mailinl, ,jO, notice by certified mail afidresscd to Borrower ai
<br /> the Proletrty Address or at such other address as Borrower mmy det.gratc by notice it) Lender as provided herein, -a-id r
<br /> (b) any notice to Lender shall be given by certificd mail, return reccipt requested. !o Lender's address stated herein or to
<br /> such other' address as Lender may designate by notice to Borrowe- aZ ?rovidcd herein. Any notice provided for in th-,
<br /> !Deed of T1 ust shall be deemed to have been given to Borrower or Lender when given iv, 6e manner designated herein
<br /> 15. Uniform Deed of Trust; Governing Lave Sevcrablllty. This form of deed of trust combines uniff)rni covenants for
<br /> natiot:al use and non-uniform covenants with limited variations by jurisdiction to constitute z uniform wcurily instrumc'at
<br /> covering rcal picf--rty. This Reed of Trust shall be governed by the law of the" jurisdiction in which the Propsrty is lnCated
<br /> In the event tha-, any provision or clause of this Deed of 'rust or the No ! conflicts with applicable law, such c.cmflict shall
<br /> no. affect other provisions of this Decd of Tru!,+. or the Note which car, to given effect without the conflicting provision. 1
<br /> and to this end the provisions of the Deed of Trust and the "dote are et,:"Iced to be severable.
<br /> 1.6. Borrower's Copy. Borrower shall be furnished a conformed coq} Cf the Note and of this Decd of Trust at the time
<br /> of execution or after recordation hereof.
<br /> 17, Transfer cf the Property; Assumption. If all or any part of the property or art interest therein is sold or ,ransfcrrcd
<br /> by Borrower without Lender's prior written consent, n•cclutlinp (a) the creation of a ',ien or CtICUrnbrancc subordinate to
<br /> this reed of Trust, (b) the creation of a Furchase money:ecunty' interest for household afppriances, (c) :e transfer by devise.
<br /> descent or by operation of law upon the death of a joint tenant or (d) :lye I-rant of any Iiasehold interest of three years or less
<br /> not containing Gn option to purchase, lender may,, at Lender's option, declate all the sums secLrrd by this heed of Trust io be
<br /> immediately duc and payable. Lender !hall have waived such option to accelerate if, prior :n the sale er transfer, Lender
<br /> and the person to whom the Property is to be sold or transferred retch agreement in writing that the credit of such person
<br /> is satisfactory to Lender and that the, interest payable on the sums sccurcJ by this need of Trum shall be at such rate as
<br /> I.ender shall retltics.. If Lender has waived the option to accelerate pv:ivided Ei this paragraph 17, and if 11orrower'3 surcessc+r
<br /> in intcr,-st has executed a written assumption agreement accepted in writing by Lender. Lender shall :rleasc Borrower Brim
<br /> all obligations under this Deed of Trrrst and toe. Note.
<br /> if Ltrtder exercises such r.ption In acceternte, Lender shall mail Aorrowrr notice t'f acceleration in accordance.' with
<br /> paragraph 14 hereof. Such not,cc shalt provide a period of not less than 30 da)i from th- date the notice is mailed vrithin
<br /> which Borrower may pay the sums declared clue. If Borrtwer fails to pay such sums prior ao the expiration of such lxtiod,
<br /> Lender may, without further nouc•e or demand on Borrower, it yoke any remedies permitted by paragraph 18 hereof,
<br /> Noy•L;wtro;tm Covv.NAKTs, Horrower and Lxnrlcr furl' ci covenant and agree as follows: `
<br /> 18. Acceleration; Remedies.. Exctpt as provided In parTgraph 17 hereof, vrmn Sorrower's breach of any covenant or
<br /> agreement of 1ltsrrowtr in this Deed of Trutt, including the rovenarits to pay when due any sums :secured by thls Deed
<br /> of Truv,. Lentirr prior in screleratit+n %hill mail notice to Borrower alt provided in parstruph 14 hereof specifying: (1) the
<br /> breach; (2) the action required to care such breach; (3) ■ date, not le,4:; than 30 days from the date the notice k mailed to
<br /> Borrower, by which such breach must be cured; :sr-4 (4) that fai1urvr io cure imch breach an or before the date specified
<br /> in the notice may resulf in xcrelrrat;on of the su". secured by thin. Deed of Trust and sale of Iht Property. The notice
<br /> shall further infurrei Borr.;wr: u.' ;bz tidhf to reimrtafe after acceleration and the right to bring a court action to assert
<br /> the non-exirnrncr ;,i a default or any other derrm, of Borrower to acceleration and gale. It thz breach h not cured
<br /> on or befo:► the date specified in the notice, lender at Lendc-ee nbtiAts may declare all of the ssrms secured by this heed
<br /> of Trust to be immediately due and payable without further demand and may invoke the power of sz:e sod any tither remedies
<br /> permitted by applicable is". Lender shall be entitled to collect all reasonable costs and expetrats incurred in pursulnt: the
<br /> rrmedlts, provided in this paragraph 111. Including. but not limited to, reawnable attorney's fees.
<br /> If the power of We Is invoked, Trustee shall record a notice of default in each county fit which the Property or snme
<br /> part thereof is located and shall mail copies of such nnlire in the manner prr-scribed by applicable law to Itorm"i-r and to th,r
<br /> other perwna prescribed by applicable taw. After the lapse of such time av niay be, required by applicable Iaw, 'I truster shall
<br /> give public notice of sale to the persons seel in the manner prescribed by applicable Is", Trustee, wiihout demand on
<br /> Borrower, shall sell lht! Property at public auction in the highest bidder W the time and place and under the terrns designated
<br /> in flat notice of vale ire one or more parceh and In such order as Tru+lee may determine. Trustee may postpone: sale of all
<br /> or any parce1'of the Property by public announcement at the firne and plaice of any previously wtietltrled sale. Lender or
<br /> 1.arnder's dexhgnet may purchase the Property of any safe.
<br /> Upon receipt of payment tat the price bid, 7rustet shall deliver to the purchaser Trwite's deed conve) Inq rite Properly
<br /> cold. The recitals In the Truslee's deed shall be prima facia evidence of the truth of the statrnitinls made therein. Trustee
<br /> shall apply the proceeds of the sate in the following order: (a) to all reasonable cords and e:tpenses olr flit sale; Including, bill
<br /> cool limlled to, I ruwlee'n fees of riot inure Micro 1./Z of 1. r%rr of fire prosy sett price, rtaw riablr allarney's leer anti costa of
<br /> Mlle evidence: ib) to all sunn secured by this Deed of Trust, and (c) the excess. If any, to the person cur person:, Ic%foly entitled
<br /> Illeleto•
<br /> 19. Borrower's Right to Reinstate. Notwithstanding Lcndcr's accclcia(wn of the sums secured by thr. Dt:co of Two,
<br /> Borrower shah have tine right to have arty proceedings begun icy Lender to tnforce thin i)ced oaf l'ntst discontinued At
<br /> any timc prnsr In the earlier Io ticcur of (r) the fifth day before the rate of the Property pursuant to thin mower of vale contarnrd
<br /> in this Decd of '(rust or 60 entry of a juclynterit enforcing this Deed of Trust it; (a) l3mrower hays fender all +,ums which would
<br /> Ins then duc urierr this Deets of Trust. Ilse Note and notes securing future Advaoct;v, if arty, had no acccitration occaured:
<br /> (h) i'iorrowcr curies all breaches of ■ny other covenants or wgreelncnts of f'torrv)wer contained in th,s treed of Tnir.l:
<br /> (c) i{rarrower )rays all reasonable trxpmsev incurred by Lender and Trustee i,s enforcing the covenants. and a,6~ccmcnt+t of
<br /> Rorro,wcr containt:d in this Deed of Trutt and in enforcing i:endrr% and Tr',ixfee'li remedies as provided in paragraph I.st
<br /> hereof, irvIrrding hilt not limited to,:eitsonable attorney's fees, and (d) Ilrtirower tapes such action at, L.crdcr many reastrnab)y
<br /> rcgmtc to assure thet the lien of this trod of Trust. Lender's interest to thy: Property and llormwer't, ONigation it) pay
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