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$I-- OOt3403 <br />9. Cottdewraafioo. 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 (or 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 the sums secured by this Deed of Trust, <br />with the excess, if any, paid to Borrower. -n 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 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 to Borrower. <br />If fhe Propetty 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 writing, any such application of proceeds to principal shatf not extend <br />or postpe2e the due date of the monthly installments referred to in paragraphs I and 2 hereof or chastge th¢-amount of <br />such installments. <br />18. Bortowu Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Deed of Trust granted 6y Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of ibe original Borrower and Borrower's successors in interest. Ixnder shall not be required 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 reas:,r, of any demand made by the original Borrower and Borrower'.ssuccessors in interest. <br />If. Farftettranct by Lender Nol a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall no[ 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 />f2. Resedles Cumnlad3ve. All remedies provided in this Deed of Tnrst are distinct and cumulative to any other right <br />or remedy under [his Tked of Taut or afforded _h_v__law nr anti tv. nil rrepv For- tart pvi rnnrtrrrentlv.___nderwndently fir- <br />- - ---~ - - _-- --..,_: <br />SIICCt531Vt1yy - <br />/3. Sacceatons and Asigrs Bound; Joint aced Sevtral Liatr~ty; CaPtio~, 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 />subjxt to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower strati be joint and several. <br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and arc not to be used to <br />interpret or define the provisions hereof. <br />f4. Notice Except for any notice required under applicable law to be given in another manner. (at any notice to <br />Borrower provided for m this Deed of Trust shall he given by mailing such notice by cenified mail addressed 20 Borrower at - <br />[ite Property Address or at such other address as Borrower may designate by notitx 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 staled herein or to <br />sucfi otltu address as Linder may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shall rte deemed to have been given to Borrower or Ixnder when given in the manner designated herein. <br />15. Uwiform Deed of Trent; Gorervisg Law; SeverabNity. This form of deed of trust combines uniform covenants for <br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />courting real property. This Deed of Tntst shall be governed by the law of the jurisdiction in which the Property is located. <br />In ttre event that an}' provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect outer pttrvisions of [his Dixd of Trust or the Note which can tx grven eNect without the conflicting provision, <br />and to This ettd die provision of the Deed of Trust and the Note are declared to be severable. <br />16. 9arrowm's Copy. Borre-'z shall be (urmstted a conformed copy of the Note attd of this Deed of Trust at the time <br />of executiorcor afler~retwteiitiat hereof. <br />t7, Trsfer of ti-114operty; Awanptisw. If all ar any part of the Properly or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding ta) the creation of a Lien or enwmbrance subordinate tc <br />this Reed of Trust, (b) the creation of a purchase money security interest for househotd appliances, (cl a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or t d) the grant of any leasehold interest of thin years or Its <br />no[ containing an option to purchase, Lender may, at !_ender s option, declare all the sums secured by this Deed of Trust to be <br />immediately due attd payable. Lendtt 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 agrrement in writing that the credit of such person <br />is satisfactory to Lender attd that the interest payable on the sums secured by this Deed of Trust shat) be at such rate as <br />[xtaier shall reyttest. If Lender has waived the option to accelerate provided m this paragraph 11, and if Borrower s successor <br />in interest has executed a written assumption agreement at:e:cpted in wasting by Lender, Lender shall release Borrower from <br />all obligations udder this Deed of Trust and the Nac. - <br />If Lender exercises such option to accelerate, Lender shalt mail Borrower nonce of acceleration in accordance with <br />paragraph 14 hereof. arch notice shall provide a pernxt of not fens than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fads to pay such sums prior to the expiration of such period, - <br />Lemler may, without further notice or demand on Borntwer, invoke any remedies petmitlcd by paragraph I8 hereof. <br />NoN-UtvIfORM CoveNnrTS. Borrower and Ixnder further covenant and agree as follows: <br />I& Acc.,ieratio~ Remedies, Bscepl ffi pnnvtded in paralirapit 11 6errvtl, upon Borrower's breech of aay rovewW or <br />agaetAaN of Borrowu in ti's Deed of 7'ros1, inch tits covewaw(s to pay when doe aay strttw soured fry this Deed <br />of Twat. Lewder prior to aca'ekration shalt rwr7 watice to Harrower s provided in pantgnlpY 14 hereof spectfyigl: (I) the <br />Meath: f2) He acdew reyaired to care such Meech; i3) a date, nel Jew than 38 days front the dste the notice es mailed to <br />Yorrowu, hl' which sttcb breach mwt be cored; awd (4) titN failtpe to cttrc such breach os or before the date specified <br />L the wotice reiY react( in accxkratiea of the sums sectored 6y lhis Detd of Trtsl awl sale of the Properly. The notice <br />still ftrrthrr inform Beurowu of tltc ri)<Ist to reiostatt after xceteratiop and the rigid to bring a court action to aswA <br />the nae-esir&oce of a deiarlt or aay other deftwse of Borrewer to acerlerNioa tswd sale. If the breach is not crtred <br />ao or befert the date speriied is the etomrt, Lewder at Lender's option (nay declare aA of the sums secured by this Deed <br />of Test to be iaute~iatdy dwe and payable wifbotw further demand aad rosy invoke the pawn of sale and aay olbu rewtedles <br />peraritl[d by appiicaile bor. Lewder still be catidted to cetlect aY reacoaakle costs and expewrea incurred iw pursnieg the <br />remdies proriied iw this puagrtytlc Ig, iwcltrdlag* bast not Iiatited [o, rtasnnaWe attnrwty's fees. <br />H the power of stile is invoked, TrtWee slw11 record a notice of default in each county is which the Property or some <br />part thereof 6 located and shah rnat7 capita of snob aolice iw the ataentr prescribed try appliphle law to Borrower a~ to the <br />akr lk~~ Prescribed 6y applicaiie few. After the lapse of such tbtse as may be required by applicable law, Trugte shall <br />give panic aefice a< sale N the persews and is eke ma®aer prescribed by applicable bor. Trudee, wiUotrt dttnaad ort <br />larreetu, afresh stB the Properly at pu6iic aretiao to elte highest bidder at the tittle awd place and undo lire tert3s designwed - <br />b the rtofice o[ sale iw one or sport parcels aed tw such order as Ttafltt may deferwdae. Trnslee may postpowe sale of aB <br />ur espy parcel of ttte Prnpcrty ty public amouwceaaeat ~ the time and place of aay preriotsly scheduled stilt. Lewder or <br />LeadtPs deet~wae my pnrchwe the PropeRy at espy sale. <br />Upas receipt o[ pwytwemt of tic price bid, Trustee shall deliver to the porthaser Trustee's deed roarcybg the Property <br />surd, Tie rscitats M tie TradceS deed sireB be pritro facie evidewcc of tie truth of tie sWewewta made Herein. Trttstce <br />ehaY tepply tit prod d tie sale iw tie folbwm~I order. (a) to all reasonable costs and expenses of tie sale, including teat <br />not YwJ1ed /a, TrrWub teas o[ ant mcuc tlwn . OS `.'o of tie Kress sale price. reasonable attorney's fats and cords of <br />Ware( (~ b aU anwa secwtA b;; tits Deed of Trust; awd tc) the tscess, if aay, to the person or persons Ie;aHy entitled <br />I4. 1lerrowet's R7gid so Reiw6ate, Notwtttutanding lxnder's acceleration of the sums secured by this Deed of 'TnrsL <br />&xrowu shalt (tare flee right to have any proccedings begun by Lender to enforce this Deed of Trust discuntinucci at <br />any time prwr fo ttte ear{ier to occur of (i) the fifth day before the sale of tbe Properly pursuant to the fwwer of sale .:outained <br />in tltia Dced of Trust or fit) entry of a jrdgtncnt enforcing this Dted of Tnut if: ta} Burrower pa}'s t ender all aunts which would <br />be tttdt titreunder this [7eed of Trust, Cite Nate and reutea secuung FtNUre Advances, it any, had no acrrieratiun c>u urred; <br />(ti} Nortower cures a(t breaches of any other covenants or agreements a>f Harrower contained in this heed of Trust: <br />fc) Borrower pan ati reastrttaltit expenses incwrred by Lender and "Crustec in enforcing the t~een+#nts and agreetttents of <br />Botrowu contatned in this Cleed of Trust and in enforcing I,cndcrs grid'I'ruster's rrrnedies as provided io paragraph is <br />hertol, inrittditq;, but nest 6imiied to. reasonable attorney's firs; and {d) Harrower wkrs such a.:twn es lxtrder may rcax nabip <br />nNuirt tar assure shat tier ltcn of this Aced of Trust, tsttdcr's interact m the Propcny and fiurrowet's obligatia:n to pay <br />