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- ~~-X05266 <br />9. CottdepnatiOn. The proceeds of any award or claim for damages, direct ar conseyucnual, 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 he paid to Leader. <br />In the even[ of a rotor taking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust. <br />with the excess, if any paid to Borrower. In the event of a panial taking of :he Property, unless Aorrower and Lender <br />otherwise agree in writing, there shall he applied to the sums secured by this Decd of Trust such 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 of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid ter Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by i.ender En Borrower that the condemnor offers to male <br />un award or settle a claim for damages, Borrower tails to respond to Lender within 3Q days after the date such notice is <br />malted. Lender is authorized to cnUeat and apply the proceeds. at i.ender's option, either to resEOrafian or repak of the <br />Property-or to the sums secured by this Deed of "trust. <br />Unless tinder and Borrower otherwise agree in writing, any wch application of proceeds tc principal shall oat extend <br />ar postpone the due daft of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />aUCh ~ installments. <br />18. grower Not Released. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Reed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liabi{ity of th- original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />procadings 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 Aorrower and Borrower's successors in interest. <br />11. Fo-ber##ce by Leader Not a Rawer. Any forbearance by Lender in exercising any right or remedy hereunder or <br />otherwise afforded by applicable law, shall not lx a' waiver of or preclude the ezercisc of any such right ar remedy. <br />The procurement of insurance or the payment of taxes or other liens nr charges by i_ender shall not hr a waiver of i_ender s <br />right to aocekrate-the maturity of the indebtedness secured by this Decd of Trust. <br />IZ. Repedies Ctrwtdtlire. All remedies provided in this Dced 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 M: exercised concurrently, independently or <br />successively. <br />13. Swceesrors and Asrigms Bound; Joint and Several Liability; Captans. The covenants and agreements herein <br />contaitud shah bind, and the rights hereunder shalt inure to, the respccuve successors and assigns of Lender and Borrower. <br />subjat to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt be joint and aeveral. <br />"ilia captions and headings of the paragraphs of this Deed of Trust are for ;.,..._..._ :re u^!y and a._ ...., .e 1'c used *... <br />interpret nr tleBne the provisions hereof. <br />14. 'siolire, Except for any notice required under applicable law to be given m another manner, (ai any notice to <br />Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed to Borrower at <br />the Property Atldraa tx at such other address as 8orrawer rosy designate by notice to Lender as provided herein, and <br />(b) any ttottce to Lender shall be given by certified mail, return receipt requested, to L.cnder's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. An}' notice provided for in this <br />Died of Trent shall be rleernesl to have been given to Borrower or i_ender when given in the manner designated herein. <br />IS. Utrtorw Deed of Trost; Gorertti#g Law; Sevetabiiity. This form of deed of trust combines uniform covenants for <br />na[iotval tree and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real property. This Deed of Trust shall he governed by the law ai the junsdicuon in which the Property is located. <br />In the event that any provision or clause of this Decd of Trust ar the Noce conflicts wnh uppircable iaw, wch conflict shall <br />not aRx! rather proviaiom of this Deed af. Trust ar the Note which can he given etTect without the conflicting provision, <br />attd to this ettd the provisiom of the Deed of l'rusi and the Note are declared ro ix severable. <br />If. Mr#wer'e Cttpy. Borrower shad be furnished a confc.rmed copy of the Note and of this Deed of Trust a! the time <br />of exmnioa or after recpdation htxcof. <br />17, 1Yrrfero(tba!»parsy; AttwppWw. If aU nr any part of the Proixrty or an interest therein is sold ar transferred <br />by Borrower without Lender's prior written conxnt, excluding tai the ere^nnn of a lien nr encumbrance subordinate to <br />this Decd of Trust, (b). the aeaGon o[ a purchase money securuy interest for household apptiancrs. is 1 a transfer try devise, <br />descent or by operation of iaw upon the death of a yoint Conant nr <br />' Len~r may, at i_ender's optusn, declare a!i the wens secured by ;his Dttd of Trost to he <br />tttttttddiatelydue aai payable. Lender shalt have waived such option [n accclcrate tf. poor to the salt ar transfer, Lender <br />+ad`ilte petwn to whom the Property is to be Bald or transferred reach agrermeot in writing that the cred.' of such person <br />is satisfactory to [seder apd that the interest payahir tan the: soon secured by this Deeef ~t Trust shah he at such rare as <br />Linder shall request 1f isttder has waived the option to accelerate provided .n ihts paragraph t', and if Borrower's wccessnr <br />in interest etas tuecttted a written ,v=umptran agreement accepted m wrtung by tender. (.ender shall reiease Borrower from <br />all ob{igatiorts under this Deed of l'rtrst acrd the Nate, <br />tf Lender exerrists such option to accelerate, Linder shaJi road Borrower notice .sf acctteratian sn accordance with <br />paragraph 14 hereof. 5ueh notice shall provide a period of nut Ic•ss than 3tJ des}s tram the dale the notice n mailed urthin <br />which Bortnwer may pay rite sums declitd due. it Borrower fans to pu} such sums pear to the expiration of such period. <br />Lender may, without further notice ar demand on Borrower, iavai,c anx remedms permitted by paragraph I S hereof. <br />Nott-UNIFORM Cavrx,rrrrs. Borrower and l.t:nder tunher cnvrnant and agree as follows <br />Ili. Aetekrdia•, RewerYes, Eacept as provided in paragraph IT hereof, upo# Borrower's brcacY of any covenant or <br />agreepeaa d fonwer iR trio Iked of frost, ioclndirtg the covenants to pay wtxa due any soars second by this Deed <br />at Trpt. I.erier priori to accekratio# stt#B nail notice to Borrower as pro+ided fo paragraph tO hereof specifying: (11 the <br />Meaclr 12) the aetian.re~rireJ to cart swh Mr#ch; (3) a dalq trio leas Ihaa 30 days from the dale the rwtke is tttaikd to <br />ltat-ower, by wbici larch Meech wtrtsl br cared; sal !4) Ibal Failun to care such booth ou or before fhc dale sptcified <br />in the #otice wry reatt)t i# aceekntia# of tttr vats sec#red by thi Deed of T€Ual and sale of the Property. The notice <br />siaY Itrrtiw idorw f#crower nt' the riR-t to nia+tale of/er accelenliun and €he right to brine a court action to ast:rA <br />- - /tae twi-exite#cr of a drfaaM or nay dhcr drFrax ui Borrower to acceleration and sale. ff the breach is nut cured <br />on or baton Ilte ate spceiied i# Ibc notice, Linder at (R#drr'ti Option may dectnre ail of the sums secured by this Deed <br />al Trot M ie iwwediatdy dui and payable witiloat tart-er demand and may insu4e the power of sale and an} Other rtmedfes <br />permitted by appiicgiie taw. leader slut) be ewtitkd to collect aU reasvmaMe coals and expenses incurred in pursuing the <br />npeiiee proviied i# thk paragrapY I8, iaetudiwg, bar not limited to, reasonable attorney's fees. <br />H ibe prier of sale is is+okel, Trustee shall record a notice at default in each county in which the Property or some <br />part tbrreof 8 incased and shag wail copies of such notice is the manner prrscrilxd h+ applicably taw to Borrower and to the <br />oliur perso#s presen-ied by applicable taw. After the bpsc Of such tine as Wray be required by appRcablr taw, Truster shall <br />girt }ttYlic notice of sale la the prrsoas a#i in the moaner pnscribrd by applicable law. Trustee, without demand on <br />liwrowa, struH sell ttte 1lupeny ra p#Mie a#ctio# to the highest bidder at ihr time and place and under the terms designated <br />i# rM: trMire of -sale f# o#e or aeon prrttis and in Bach order a+ Trustee may determine. Trustee may postpone sate of all <br />ae aMy pRres) of 1Me properly by p+t~ anao#accatrnt al the lime aatl place of any pre+iously schrdukd sale. t.endyr or <br />Lerdtr's tks~fseree way prrrchre tM Pattpcrty al any sak. <br />Lipaw receipt ~ payment of the price bid, Trastn shat{ deliver tO the purchaser Trusters dred ron+r}inK the Property <br />said. Tits rerlhk i# tier Traaict's decd xhaU be prima facie evidence Of the truth of the statements made ihrrcin. Trustee <br />shall apply 1M proceeds rut the sale w the tolbwi~ order: fat to all ma+onablr nwt. and cxpemr+ of the soft, inaludinR. but <br />woe lipiteA to, Trtrsler'a tern of not mare than ? yr t7 f ). ''~ rat the gross sale prier, seasonable attorney's fe ~ and costs Of <br />tittepilelrce; (b) to all saps secured by lbes Decd ut Trent; and tcl the excess, if any, to the perwn or persons legally yufillyd <br />tlreralo. <br />19. iorrawePa Right to ReiRStale. Nc+twithstaneting t cndcr's ancieratutn s,f the .um. secuieci by rho. iced ast l'ru:t. <br />Borrower chair have the right to have ..ray prascccding, iscgun by I indcr I-, a•ntur;c thin Dced of Tn!,t •.i!x rsntim!a•d at <br />any time prior to the earlier to aectu tat ut the fifth day tti;forc the sale ni the Pr. ,~u:ny pursu,nu to !tic poucr r.t sale auu:uncJ <br />in this Dced>?("F}use ar{iii entry of a judgment colors irg this Dced of Trust if ~ tai &trr„ucr ;+~} s t cndr :~ q wen. uhrch w nuld <br />ho ftcen due under this fkrd of Tnrst, rite Natr nd Hates securing fruture Ada,us. c., d ..os, had nn .ia~.. er,u oat oa ua!rd. <br />fb{ Brsrraucr curCS all Frcaclxs rat art}' ot7ser ccsvcnants cx ogre: ntcn!s of Rnr nswrr .nrdahtrd i.t Ih+, Dced rat Iru,t. <br />(cl BartOwer (says al! reasotcrhle expenses mrur« d by Lender and 7nntec m rulorrmg !tic a, uauts and .,grrrn!c,~!, ,~ <br />Borrower cuntamcd in this Dced of Trust and m enfarciog Lynder's :+nd "1 nr,tee's remcdn•. a..{+n.vrscd .n paragraph I ti <br />M:rtaf, irtciudiag, but rat?t limited tn. «ascntable attorney's fees, and 0.h l3nr n.aa cr take..och ai nnn a, I ender mesa ia. n.d,la <br />,quire to usstrrc that the hen a,f this [lead a( troll. ~1 .coder ~. ^ue rc,t m the !'nspcn} .end li„n.nsrr'. ,~hhga!~,•n;!~ , s <br />