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8 I °~ jJ ~.) -~ '.1 <br />4. Ceadtarrtatiaa. The prc~ad4 0* ar.} .ewsrd or ciasm for damages. d=rent nr cansegttent~ai, sn connection with any <br />condemnation or other taking of the Property, ar part Thereof, ar far canvsyance in lieu of condemnation, are hereby assign <br />and shaft bs paid to Lender. <br />Ir, ihs event of a total taking of the Property. !ht pracetds shall Ge applied to the sums secured by tins Deed of Trust. <br />with eht excess, if any. paid to Bonewer. In the event of a partial taking of the Property, uneess Harrower and Lender <br />otherwise agree in writing. there shalt he applied to The sums stcurtd by this Deed of Trust such proportion of the prtscetds <br />as fs squat to flies? proparttan which the amount of the sums secured ny this Deed of Toast 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 pracetds <br />paid Yn Borrower. <br />If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor oftets to make <br />an award or settle a claim far damages, Borrower fails to respond to Lender within 30 days after flit date such °,otice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair _ ~ 'he <br />Property or to the sums secured by this Deed of Trust. <br />Unless Lender acid Borrower otherwise agree in writing. any such app8cation of proceeds to principal shall not extend <br />or postpone the due daft of the monthly installments referred [o in paragraphs i and 2 hereof or change the amount of <br />;tacit irisWltments. <br />10. $oerower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Deed of Trust granted by f_cnder ro any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors m interest. [ender shalt not be ritqu"reed to commence <br />proceedings against such successo: or refuse to extend time for payment or otherwise modify amortiration 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 />I1. Forbearonce by f.etrder Not a Waiver. Any forbearance by Lender m exercising any nght or remedy hereunder, or <br />otherwise afforded by applicable law, shalt not he 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 />12. Remedks CumWat)ve. All remedies provided in flits Deed 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 be exercised concurrtotly, independently or <br />sticeessive)y. <br />13, Successors and Assgpre Bound; Joint and Several Liability; Captiom. Tht 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 prowsrons hereof. <br />14. Notke. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for m this Dr,.d of Trost <_hali be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or ai such other address as Borrower may designate by nonce to Lender as provided herein, and <br />(b) any notice to Lendv shall be given by certified mail, return receipt requested, to Lender's address stated herein onto <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Tivst shah be deemed to have peen given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Deed of Trust Goveroiryi Law; ScverabBity. This form of deed of trust combines uniform covenants for <br />national use and non-uniform rnvenants with limited variations by jurisdiction to constitute a uniform security instrument <br />naverMg real property. This Iked of Trust shall be governtd by Tht: law of the jurisdiction in which the Property is located. <br />In the event that any provision w clause of this Deed of Trust or the Note conftiets with applicable law, such conflict shall <br />nob<aBect other provtstotts of this Deed of 5rust or the Note which can be given etIe~ct without the conflicting provision, <br />'anti t6'this-end the provisions of-the Deed of Trust and the Note are declared to be severable. <br />!f. Borrower's Copy. Borrower shaft be furnished a can(ormed copy oC the Note and of chic Deed of Trust at the time <br />of execution or after recordation hereof. <br />1'7, Treader of the Property; Assvmptbn. if nit or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding {a) the creation of a lien or encumbrance subordinate to <br />this Deed of Trust, (b) the creation of a purchase money secunty in[erut for household appliances, (c) a transfer by devise, <br />descent or by operation of taw upon the death of a join[ tenant or (d) the gran[ of any leasehold interest of three years or less <br />not containing an option to purchase, Linder may, at Lender's option, declare alt the sums secured by this Deed of Trust to tae <br />immediately dtae atMl payable. Leader shall have waived such option to accelerate iL prior to the sale or transfer, Lender <br />and-the person to whemghe Property 9s to ire sold or transferred reach agreement in mooting that the credit of such person <br />is satisfactory to Lender anti That the interest payable on the sums sa:ured fry this Decd of Trust shah be at such rate as <br />Ltgder shall request. it Lender Etas waived the option to accelerate provided in this paragraph i 7, and if Borrower's successor <br />in faUertot has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations utrcier this Iced of Trust and the Note. <br />It L.snder exercises such potion to accelerate, Lender steal! mast Borrower natioe of accsteraNon in accordance with <br />paraggraph Id hereof. Such notice shall provide a penal of nut less than ±(i days from the date flit naiic'e is matted within <br />whteh Ilorr;,xtr r:ay pay the summa dee!art~t due. If Herrowtr fails to nay such sums prior w the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nort-t)tvrFOant CovetvervTS. Borrower and Lender further covenant and agree as follows: <br />tft. Acttkralaa; Remed'ess Except as provided in paragraph 17 hereof, upon Borrower's breach of nay covenant or <br />aRreemeni of Borrower in this Deed of Trust, including the cov¢naW to pay when doe: soy sums secured by this heed <br />of Trust, Lendtr prior to accekntwa shag eneH notice to Borrower as provided in paettttraph f4 hereof specifyfae: (1) flit <br />Meath; (2) the action required to cure sucb breach; s3) a date, tort leas than JO days from 16e tide the notce is mailed to <br />Borrower, by which web breach muss be cured; and (4) that failere to cure sucb broth oa or before the date specified <br />in the ndice may raWt 6n acceleration of the mottle secured by this Deed of Trust and sale of the Property. The ttotin <br />slteY farther iwtorm Borrower of the riRbt to reimtate titer acceleration and flit right to brie{ a court action to assert <br />the two-existence of ^ defaait or any other defense of Borrower to acceleration and oak. If the breach is not cored <br />oa or before tits dale specified in the ewtice, Leader al Leader's option may dexbre ad of the sums secured by this Deed <br />at Tros61o be immediately dre and payable wilhoW fnribtr demand and tn.y invoice the power of sak sad nay dher rearedln <br />pemaitted by aytpiica6ie bor. Lender shall be eeiitkd w collect alt eeawnabk casts sad expetrsn iacumed in purwir~ the <br />remedin provided la this paragraph 18, incladbtR, but not limited to, reaaottabk atletrasy's fen. <br />If the power ed ask fs invoked, Trugee shah record a notice of detaWt in each county b whkb the Property or some <br />part thereof is fixated and siuB taaB copies of static eratice in the manner prescribed by applkabk bw to Borrower and to the <br />Mber persares prescribed by applicable law. After the lapse of such time as may be required by appHcabk taw, YroAee shag <br />Rive public nalkc d ask M the pe-seas and in the meaner prescribed by applicable bor. Trustee, willwat demand oa <br />Berrower, aheB seB the Property at pablk auction to the highest bidder at itre tlwte awd place and nailer the teems datgrYN <br />h the notice of teak 4 oar or amore parcels and is match order as Trn~ee may detcrtnlae. Traslee may postpone sale d aB <br />or any parcel *zt llse pea't'y !e' =~`' anaonneemeW at the time and piece of any previowly schedsdW sale. Leader or <br />taraekr's dtsigaee may pnrcbase the Ptoperiy at nay ask. <br />Up(m receipt as paytaeat rvt the prier bid, Trustee shill deBver to flee purcharser Trtrstee`s decd conveying Ibe Property <br />soli. The recitals is the TraMct's deed ahaH be priau lack rvideatt of the tru/b of the sbtemcals made thereto. Trustee <br />stall aply Ili proceeds of the sale is Ills folbwitsR order. [•) to aH rcasottabk castes and a:pensn of flit sale, fechedittg, cwt <br />tea/ litalltd b, Ttrresiee's tees of not mare titan. 3~ O£ 2 `!r of the Rross sale pHce, reasottabk attorney's ten aatd coats of <br />tNlte eriTktse:t; (y to 7tH ssrmsi secured 6y this Peed of Trmh and (c) the excess, if any, to the person or persons MepHy entitled <br />ltiMlts. <br />t9. Barrower`a R~ltt to Rebate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, <br />. Horrawer chali have the right ter have soy proceedings begun by under m enforce this Dted of Tnist dsscondnued at <br />any tune prior Eo the earlier to occur of (i) the flflh day i+efore the sale of the Property pursuant to the power of sale contained <br />in thin 4Jeed of Trust or (ii) t.ntry of a judgment enforcing this Deed of Tnrst iC (a) Borrower pays !ender alt sums which would <br />bet then dot urtder flits Decd n( Trust, the Note and nuts seeursng FUTUPe Advances, if any, had no acceleration occurred: <br />(h) Barrr)wer etirets all breaches of any other covennnts or agreements of borrower contained in thk Dted of Trust: <br />(c1 Borrower pays all rcaxanairk expenses incurred by [.ender and Tnrstce in enforcing the ~avenann and agrr.~ements of <br />Borrower` contained in this flced of Trust roil in enfareing fender's and Tnrsrce's icmedies :rs provided in ,paragraph IR <br />l,~rp~f, i„F~h„d'ng, but not limited to. reasonahlt aTlorntY ~ tees, and ld) flrirn+wtr tskc;: such art+on as ! entice tray ttauaeahly <br />requite to axsurt that flit Tien of this Dced of Trust, t cadet's interest in flit Pr:~perty .,nil R.,rrs.wer'. s,ht+(tatsnn to pay <br />