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<br />9. Coademaatba. 7'he 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 far conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid [o Ltitskr. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, <br />v.y with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Sortower and Lender <br />~ otherwise agrce in writings there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds <br />as is 1 to that proportton which the amount of the sums securest by this Deed of Trust immediately prior to the date of <br />~ *.~¢iagrs to the fair market clue of te,~ Property immediately prior to the dale of taking, with the balans;e of tits: proceeds <br />Q paid fo 13otsow~r. <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, BoROWCT falls t0 respond to Lender within 30 days after the date such notice is <br />mailed, [.ender 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 writing, any such application of proceeds to principal shall not extrnd <br />p.( or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such tnstallments. <br />10. earrorrer Not Rckaed. Extrnsion of the time for payment or modification of amortization of the sums secured <br />by this Dew of Trust granted by Lender to any successor in interest of Borrower shat! 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 agairtst such successor or refuse to extend time for payment or otherwise modi[y 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 />' 1 t Far6rar!°sce by Lauder 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 />I'he procurement of insurance or the payment of taze5 or other liens or charges by Ixnder 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 Camdatlve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />or remedy under thi• Deed of Trust or afforded by law ar equity, and may be exercised concurrently, indeprndently or <br />sutteasivdy <br />13. 5occasors aqd Assigd Romad; Joint sad Several [.iatsiHty; Captiaes. 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 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 regmred under applicable taw to be given in another manner. (al any notice to <br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed [o Borrower at <br />the Property Address or at such other address as Borrower may designate 6y 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 otirer address as Lender may designate by notice to Borrower as provided herein. Any notice provided far in this <br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the meaner designated herein. <br />IS. Unlearn Deed of Tani: Coreroisg Law; Severaiiwily. This form of deed of trust combines uniform covenants for <br />natioval use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />coveringfr~ y. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. <br />In the t any provision or clatue of this Deed of Trust or ilia Note conflicts with applicable law, such conflict shall <br />not affair r rdridions of the Dtxd of Trust or the Note which can he given effect without the conflicting provision. <br />and to Otis ~, '_' e€ thrDeed of True[ end the Note are declared to be severable. <br />f6: s Borrower shalt be furnished a conformed copy of the Note nerd of this Deed of Trust at the time <br />of execution or after recordation Iteaeof. <br />IT, Transfer of the !t•eapatp; ASttwtpdea. If all or any part of the Property or art interest therein is sold or transferred <br />by Borrower without Ix~er's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />this Deed of Tnast, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent ar by operation of law upon the death of a join! tenant or (d) ttce grant of any leasehold interest of three years or less <br />nat containing an option to purchase, !.ender may, at 1-rnder's option, declare all [fie sums secured by this Deed of Trust to be <br />imrrt~iately due and payable. Lettt~r shall have waived such option [o accelerate it, prise to the sate or transfer, Lender <br />and fhe person to whom the Property is to be saki or transferrer mach agreement in writing that the credit of such person <br />is satisfactory [o Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as <br />Leader shaft request. I€ Lettda~ has waived tlse option is aecelerau provided in this paragraph 17, and if Borrower's successor <br />in iaterest has executed a written assumption agreement accepted in writing by Leader, Lender shall release Borrower from <br />all obligations under this Deed of Trost amt the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notirx of acceleration in accardattce with <br />paragraph 14 hereof. Stuh erotica shall provide a period at not less than 30 days from the date [he notice is mailed within <br />which Borrwvu may poy the sums skclarexi due. If Borrower fails to pay such sums prior to ttx expiration of stuh period, <br />lender may, without ttrther erotica or demand on Borrower, invoke any remedies permitted by paragraph 1 g hereof. <br />Nett-1JNIFOaat COVENAHiS. Borrower nerd Ltnder further covenant and agree as follows: <br />18. Aca~lerNisaa Remedks Eaatipt a prettied ie parsgraph 17 hereof, apes Borrower's heeac6 of aey coveasN or <br />sRraaueul of sorrowcr U thi Used of Tr W, iaclydiag the covenants to pqy wYea doe say swiss retread by this Deed <br />of Trata, !.cater prbr to aeceieradoa siaY mat aotiirc to Borrower a provided is paragrapi 14 ftereat <br />irsacit (2) tie acdm resltricd to core saes brtaci; (3) a date, set less tltya 30 slays from tie dale tie tw~tsce~ttie <br />larruwer, try which sacs trench Drool he cured; sad {4) that las'lune to twee arch bread oe or before tie slate apeci0ed <br />in the uotke may rash is uednstiax d the rims secured by this Deed of Tract sad sale of the Propnty. The notke <br />sim® further iaferm Bvrorrsr of tie right a reioslafc after acceleration sad tie right to Irriag a court sties to enact <br />tie aoa-esihact of a defarq or mty oflter defense of Borrower to aceeleratiaa aai sale. If tie bread is not eared <br />oa ar helore tie dale spcciied is tie notice, header at Center's optics may skclare ap at tie soars secured by ibis Deed <br />of Trat a be i~taty doe sad payahle withtam farrier dearaad sad a^y iuvoitc ~ power at safe sad soy otter remedies <br />R+mNted iy applicable faw. Leader shay be estitied N coYect all reasouaile cases sad espeuas Incurred ie purmiag tie <br />ream provided d tits ryagnipi 10, iacirdiug• Got sot InnNed to. rescowble ageruey's Fees. <br />K tit power of sale is sestet, Trustee rhtB record s notice of default iu each caaaty ie wiici the Preperey at some <br />port theterd is located sad situ resit espies of sacs settee is tie aanscr pracrfbed 6y appikahk law to 0vrower sad to the <br />otkr peewee f~~d hl' apliieaile law. After tie hpoe ~ sect tiwse a say be regried by appiiraik mar, Teeatte shall <br />zive pubes entice d sale h lit perwa sad is tk manner prcrcriied by apptieaile law. Trustee, wit6eat deaaad oa <br />dorrowa, sir8 sell tie Paopeettty aq pssiBr sxctima to !ix h~Ssst i€d3xr ar iht time sad ptx-e aed under the ttrass daigaNtd <br />to tie notice of sale is ace su acct p~cls and iu such ender ac TrasMe m{y delerurlae. Trasfee may pestpoae ttlr of all <br />mr aaY fmncd ~ the PrMerty b3 ~c aarouas crest at ric tear sad pica of say previaarly achtdttlad sale. Leader or <br />~~~ v3' fMrcirse lie ~' at tmy rate. <br />t of payatrW e/ t4 Md. Trustee slued dealer to the purciaser Ttastee's decd coswey)ag tic PropeNy <br />aid. Tie t~ iw tine Truteee's deed ritif Ire prhwa facie cviideuct of tit troth of {gtr stattawts made thertth. Teudee <br />slre~ apl4/' tit of tit stale >a the totiowiq{ order: ~) to aR rettea>maile ensue and eryeaas of tie sde, Iacitd~0, bet <br />rmt YgYed to rtrlec's tea d eel saws Esau Q 5 ~ of tin gross sate price, reasoaaik allocwey's tees sad cache of <br />t (N ro av tasau served b this Deal of Trust; sad (c) tie entree, if say, to tie person v pentoos Ier~ly eut)tled <br />19. Rarrowa'o fiigil ~ Reiff. Notwithstanding lxndtr's acceleration of the sums secured by this Decd of Trust, <br />8arrawer shall have the right to hour any proceedings begun by [,ender to enforce this Died of Trust dixonunited at <br />arty tiros Prior W flat !seller to occur of {i) the fifth day before the sale of the Properly pursuant to }he power` of salt eontaitrcd <br />rn tits Decd of Trust or {ii) entry of a jud nt enforcing this Deed of Trust if: (a) 8orrawcr pays Lender all wms which would <br />6e that due orrice this Dee1 of Trust, tic Note and notes securing Future Advances, if any, had na acceleration occurred: <br />(b) Brarower cures all breasltes of any otfter covenants err agrectnenfs of Borrower contaittcd in this Deed of Trust: <br />(c) ®atrower pays all reuorratde expetssex incurred by' l~tnikr and Trustee in cnfarcing the eavcnants and agreements of <br />Bott'ewcr caNrlair>ed in reels Drast of Trust and in tnforcing (xnder's nerd Trustce`s rcmxtiies as provided in paragraph I K <br />iwtaof, ice, east not iitsxitsl to. rcasonablt attWney's fats: and ids Borrower Takes such action as Ltnckr may reasmahly <br />requite to asswc that the lien of this F>txd oI Toast. l.ettilet's interest in the Property and tAarrowcr's tabtigatian h, pay <br />