<br />81-- iJU3~x3~
<br />9. Caedrmnatbn. "the proceeds of any award or claim for damages, direct or consequential, in connecrinn with any
<br />condemnation or other taking of the Property, or pert thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shalt be paid to Lender.
<br />Inthe event of a total taking of the Property, the proceeds shall be applied w the sums seunkss Borrower and Lender
<br />with the excess, if any, paid to Borrower [n the event of a partial taking of the Property,
<br />oiherwix agree in writing, there shag he applied to the sums secured by this Deed of Trust such proportio oo to he dateof
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately p
<br />taking bears to the fair marku value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />It the Property is abandoned by Borrower, or if. after notice 6y 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 Lenders option, either to restoration or repair of the
<br />Property or to the sums stxur~ by this Died of Trust.
<br />Unless 1_ender and Borrtnver otherwise agree in writing, any such application of proceeds to principal shall nut extend
<br />or pox one the due date of the monthly installments referred ro in paragraphs I and 2 hereof or change the-amount of
<br />sttctt 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 Borcower and Borrower's successors in interest. Lender shall net be required ro commence
<br />prtxeedings against such successor or refuse to extend time for payment or otherwise modify amortization of She sums
<br />secured by this Deed of Trust by reason of env demand made by the anginal Borrower and Borrower's successors in interest.
<br />I i. Forbearance by Lender Nof a Waiver Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwix afforded by applicable law, shall not he a waiver of ar preclude [he exercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shall not be a waiver of Lender's
<br />right to atxeferate the maturity of the indchtedness secured by this Deed of Trust.
<br />12. 8emedies Cumtthgve. Ail remedies provided in this Deed of Tntst are distmct~ d eumf'hanrvV to deoendentlvgor
<br />suaessively.
<br />13 Saceeaors and Assigns Bottrttd; ]Dint and Several LiabilNy; Captions. The covenants and agreements hereto
<br />contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower.
<br />subject to the previsions of paragraph l7 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions ana headings of the paragraphs of this Deed of Trust are for convenience only and arc net to be used to
<br />interpru or defice the provtsrons hereof.
<br />14. Notice. Except for any notice requred under applicable law to l>e given m another manner. (a) any notice to
<br />Borrower provided for in this Dced of Trust shall be given by mailing such notice by cettified mail addressed to Borrower at
<br />the Property Address or ai such other address as Borrower may designate by notice to Lender as provided herein, and
<br />tb) any nonce to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shalt be dcemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Unftarm Dyed at Trtwt: Gexernirtg Law; SeversbBity. This farm 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 reef property. This Dced of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause a: this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other ptovistons of this Deed of Trust or the Note which cars be given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust xnd the Note are drlared to be severable.
<br />t6. Bormwu's Copy. Borrower shall be furnished a conformed copy of the Nate and of this Deed of Trust at :he time
<br />of execution or alto recordation hereof.
<br />1'f. 'Itiats~rr of the Propcety; Assumptfo°• If all or any part of the Property or an interest therein is sold ar transferccd
<br />by Borrower withou¢ Lender's-prior written consent. excluding r a i the creauvn of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money secant} interest far household appliances, tc) a transfer by devise,
<br />docent or by operation of law upon the death of a joint tenant or (dl the grant of any leasehold interest of three years or less
<br />trot cAtitaining an option ro purchax, Lender may, at Lender's option, declare all the sums secur~etf by this Deed of Trust to be
<br />immediately due and payable. Leader shall have waived such option to accelerate i(, prier to the sate or transfer, Lender
<br />:std the person to whom the Property is to be wld ur transferred reach agreement m wasting that the credit of such person
<br />is sarisfactory to Lender amt that [he :merest payable an the sums secured by this Deed of Trust shelf be at such rate as
<br />Lertdcr shall rrqucst. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrower's successor
<br />in interest has execm~ a written assumption agrcement accepted in writing by Lender, Lender shall release Borrower from
<br />alt obligations under this Deed of Trust acrd the Note.
<br />If mkt ezucises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not 4ess than 30 days tram the date ttte notice is mailed within
<br />which Borrower may pay [he sums declared due. If Borrower fa~fs to pay such wens prior to the expiration n( such-period.
<br />Lender may, without further rnMice or demand on Bormwer, ittvake any remedies permitted by paragraph I g hereof.
<br />Nor+-UwteoaM CoveN~Nrs. Borrower and Lender further covenant and agree as follows:
<br />1g. Accektutioa; Rereedks. Except >g pcoxftkd in ptuagrapi 17 hereof, upow Borrower's breach of swy covewawt or
<br />agrertweat of Borrower in tits Deed of 7rtrs4 iacltttfiag ik covenants to pay when dre ~y styes secured by this Dyed
<br />of Trust, tender prier to accdetutiow shall mat? trotter to Borrower a provided fa pttragrapi 14 berrof apecilying: (i} the
<br />bretrci; t1:) the action required fo care such bleach: (3) a dste, Dot less rise 30 days Fran the daMe the notke is ~ikd to
<br />Borrewu, by wbkh such breach must be cured; attd (~) list fsRure M cure sari breach ors or before the dale specified
<br />is tlce tsotke may result is acceknttatt of the sutra aerated by Ibis Decd of Trust and sWe of tie Property. Tie notice
<br />slrp twrfher iwform Borrower ~ rite trfgii to reiasiate after arcrkration sad fir right to bring a coact acllos !o aseeA
<br />tie ttow-rsisleacr of a detaatt or any olbec defetest of Borrower to acctkratiow awd sale. It the breach fs not cured
<br />ow or before fire date specllitd in tie notice, Lcttder at [.cadet's option cony datare tell of tie sutra secured by tits Deed
<br />of Trust to 6r itstwtdialety doe and payable without furrier demswd s~ may iwvake tie powu of axle awd any otbu remedies
<br />peratted by appBettile hw. tender sbaB be ewtitkd to collect all rrasatttbk costs aed expenses itxarred in pursuing the
<br />rttwedks provided io lib psngraph lg, iacladittg, bW not tiwiitrd to. reasottsbk tutoracy's tees.
<br />ff qtr power of sale b hunted, Truster sbW record a notice of defawN in each coanty in whirl the Properly or some
<br />pgt Cheroot b lacatrd awd stall mad copies of sash entice in tie mawtur prescribed 6y appliett6le law to Borrower sad to the
<br />otlta prrrera prescribed-by > ~*"- Attu for lapse of suck time as tars} 6e required by appiicsbk btw, Trustee shrill
<br />d~{ive ptsWk notke at oak N qtr persons and is the manwer prescribed by applicable law. Trestle. xtiliout dtmartd oa
<br />iorwwer, strtll srB tit Praprrty at pa6lic auction to tie hfRkesi bidder at the time noel place and uteder the tans di~igastrd
<br />h ttte nogce of sale ~ one ar rnorr p!~ek aed its such order ac Truster may determine, Trtestee may pttstpvra sdr of dl
<br />or any ptucd of-fie l4opettY by pr6sc anaourrrrtaent at the tierce alai piece of any. lxevioxsiy scbcdWrd lair. txndsr ar
<br />Lcwdec's troy pgrcRssc tie d say sale:
<br />!emu nprelpt of pButrM of ter. @rkc }bid, Trustee sLSB ddirer to the pumbaser Trtrstrte's drrd coayrying the Property
<br />soy: 'E'ie ncltttta h tltr Tsnrtrr's deed slndl be prima tack evidmcr of the trrAk at the stafrnuwts made Mrtein. Trnsta
<br />shay the pr~rtKda of Ae sale h/lee fisBoxrhq order: ta) to all rcasoaablr casts sad expenses of the sale, including, bW
<br />and tp, 7'rsWer's fta~t of wri tans thaw _ _ _ p -_ `~ of for gross sdr price, reasonable attorney's fees attd costs of
<br />tigr aridrstce; ft$ a tttF suns sauced by ti's 11>~ oI Treat's and tc) t1x exceaa, tJ soy, to the prrsoa ar penom IrgaBY entbtkd
<br />t)VlartNa.
<br />19 Rgrraxver's Rl~tt to RriptMe. Natwnhstanding Lender's acc,:frratian of the sums src:ured by this Decd of Trust,
<br />$prYCwEr ahatl have the right to Itsvr any proceedings begun by L_endee to enforce this Decd of Trost discontinued at
<br />any titrtt prior to the eartirr to occur of fi) rho fifth day Mrfore the sate of the Praprrty pursuant to the power of sale conta;ned
<br />inl9tis 9ecd of Tttul or li)rritry of a j tttont enforcing this Dyed of Trust if. la) Borrower pays t._endrr all sums which would
<br />`h@ then. dttc under this eked of Tntst, tbt NOie attd rwttes xcuring Fuiurr Advaners, it any, had na as:c'rtrration aecurrcd:
<br />{bj Bur:owe cures ail beaches of any other covenants ar agreements of Harrower contained in this Decd of Trust:
<br />fc) Barrowrr papa all reatitrtabk expenses incurred by L,ettder attd Trustee in enforcing the cavenants and agrccmems of
<br />Boxvr•rr cutttatued in this-Dyed of Trust and in cetfarcing- Lender's attd l'rusSce's remedies as providitNM in parsgrap7t Ill
<br />Frriaot, includiatg: Mot oat limited M, reasonable attorney's fens. and id) Horrewer takes such action as I_emirs may rtasrmabt}
<br />ragtsro let a;sura tlsar the )irn of this Deed at Trust. Lender"s interr!it in the Prapcrty and Htsrrower's obligation w pay
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