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<br />9, Cendtmnslba. The prxeeds of any award nr storm for damages. direcv ar cansequenztai, fir, connetHan with any <br />cont)tmrution or other taking of the Property, ar pan tfwreaf, w for convevarce in lieu of condemnation, are hereby assigned <br />and shaft be paid to Lender. <br />fn iht event of a total taking of the Property, the prncceds shall he app?led to the sums secured by this Decd of Trtui. <br />with [he excess, if atty. paid to Borrawer. In the event of a partial taking of the Property, un'ctss Borrower attd Lender <br />otherwise agree in writing, there shall he applied to the sums secured by this heed of Tivst such proportion of the prottsds <br />as is equal to that proportion which the amount of the sums ucured by this Deed of Trust immediately prior to [he date of <br />taking bears to the fair market vaitx of the Property immediately prior to the date of taking, with the balance of the practeds <br />paid to Borrower. <br />ff the Property is abandor[td by Harrower, or if, after natice by Lender to $orrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrawer fails to respond to Lender within 3t1 days after the date such ne;• is <br />mated, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of uri <br />Property or fo the sums secured by this Deed of Trust. <br />LTnkss lender and Borrower otherwise agree :n writine. any such application of proceeds to principal shall not extend <br />of postpone the due date of [he monthly installments referred u, in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />t6. Borrower No! Released. Extension of the time for payment or mactificatian of amarttzauon of the sums secured <br />by this Deed of Trust granted by Lender ro any successor m interest of Borrawer shall not operate to release, in any manner, <br />the liability of the original Borrawer and Borrower's successors m interest Lender shall not he [equired 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 reason of any demand made by the original 9orrower and Borrower's successors in interest. <br />I1. Forbearance by i.ender Not a Waives Anv forbearance by Lender .n exercising any :fight or remedy hereunder, or <br />otherwise afforded by applicable law, shall 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 Geed of Trust. <br />12. Remedies Cumulative. All remedies provided m stns Deed of Trust are distinct and cumulative to any other right <br />or remedy under [his Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />successively. <br />13. 5nceeasors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure ta, the respective successors and assigns of Lender and Borrower, <br />subject to [he 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 6e used to <br />interpret or define the provrstons hereof. <br />ld. No::ce. Except for any notice required under applicable law to be givers m another manner. (a) any notice to <br />Borrower provided for in this teed of Trust shah be given by mailing such natice by certifted mail addressed to Borrawer at <br />the Property Address or at such other address as Borrower may designate by nonce to Lender as provided herein, and <br />(b) any notice to Lender shalt be given 6y 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 deemed [o have been given to Borrower_ ar i_ender when given in the manner designated herein. <br />15. Uniform 6ttd of Tras1: Governing Law; Seversbilfty. this form of deed of trust combines uniform covenants fur <br />national use and non-uniform covenants wuh limited variations by jurisdiction [o constitute a uniform security instrument <br />ixwsriwg real property. This Decd of Trust shall he governed by the law of the jurisdiction in which [he Property is located. <br />in~ltt event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />rtot:aHect other provrsrans of this Deed of Trust or the Note which can be given effect without the conflicting provision, <br />and~to thisenti t)x provisions of tfie Ueed'ot Trust and the Nate are duiared to be severable. <br />- - 1~.- -irarrower's Copy. Borrower shall be (urmshed a conformed copy of the Nate and of this Deed of Trust at [he time <br />of execution or after recordation hereof. <br />17. Tnawfer of the Property; AssampHoa. IF alt or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding 1 a 1 the creation of a lien or encumbrance subordinate to <br />this Detd of Trust, (b) the creation of a purchase money secunty interest for household appliances, (c) a transfer by devise, <br />descent or by operation of taw upon the death of a joint tenant or fd) the grant of any leasehold interest of theee years or Tess <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be <br />immediately due and pityahle. Lender shalt have w-awed such opt:on to aectleratt ii, prior to the salt of trarufer, Leader <br />oral eta person io wham 3tt><' Property `s 'to t±e sold 'fir irattsferred reach agreentent in writing that the credit of such person <br />is satisfaClory to Lettdtr and that the interest payable tin the sums set:ured by this Deed of Trust shall be at such rate as <br />Lender shall reyttest. If Leader Itas waived the option to accelerate provided in this paragraph t 7, and if Borrower's successor <br />in interest has exwutw a mitten sum;atiau agrecmtat accepted in writing by Lender. Lender shall release Borrower from <br />aN obhgatinns ynder this Used of Trust ated the Nate. <br />If Ixrsier ezerci:d -;;-` €spttnn it :~-.cz;=curt, ?ruder sha!! matt itarrawer natice ,f acceleration in accordance with <br />paragraph ld hereof. Such notice strati provide a period of not tees thari ifs days from the date the notice is matted w:thin <br />Which BOrralYer it"my pay ' .: s::r :s dectar~a dot f Berrewtr fa+is vt} ~y sorb su.~a pr tar •o t,~ txp;,rat:aa of swell ~rrtit. <br />Lt-slier may, without further notice ar demand on,Barrower, invoke any remedies permitted by paragraph IS hereof. <br />Nor[•Uhiroat+[ CoverteNts. Borrower and Lender further covenant and agree as follows: <br />1g. Accekridias; RtmreBett. Etirepl a, provided in paragraph 17 hereof, upon Borrower's breast of aay covtoaN or <br />agreerwewi of Borrower in ibis shed of Trirc4 including the coveeaels la pay when due aay sums secured by Ihb Deed <br />of Tritst, leader prior to accekratioa shall aiag carne to Borrower as provided in paragraph 7d hereof sperifyiag: (I) the <br />bretaci; f2) ttre action required to cure such breach; (3) a date, not leas than 30 days from the dale the potter b mailed a <br />narrower, by which such txsach must 6e cured; sad (d) that tailors to curs such breach oa or before the date specified <br />iw the natice nay result in acceleration esf the snips secured by this Deed of Trrist and sale of the Property. The notice <br />shall farther inform Borrower of flee right to rciagate after accsleratioa and the right fo bring a court action to assert <br />the noa•exbtence of a defirealt ar aay other defense of Borrower W acceleradai sad sale. If the brtaeh is not cured <br />oa or before the date specified in the notice, Leader at Lender's option may declare aB of the sums secured by this Deed <br />of Trost la be imartdiately doe and pavaik whhout furrier demand and aay invoke the power of sale and asy other rcaudka <br />pernrilled by applicable law. Lender shaft be entitled to collect all rsasoaabk rods and exper<ses incurred in pursuing the <br />remedies provided in tits paragraph 18, including, but not limited to, reasonable idloruey's taw. <br />If tie power of sale m invoked, Trtatet stab record a notice of default in each county in wikM the Property or some <br />part thereof h losatsd sad shag raaB copies of sorb notice in the manner Prescribed by applccabk taw to Borrower sad to tits <br />other persons prtcerilacd by applicable law. After the lapse of such time a5 nay rte required by applicable law, TriWee shill <br />give paMk slice of sale to lie persars and in the maawrr prescribed by applicabk taw. Trawtee, wilhoirt dewed oa <br />lorrower, stall sell lie Property a1 puigc auctaa Io 11ie highest iriditr at the time sad place and under the tennis detefgwNed <br />bi tie €eWice aF sale 4 oac or more pareeh and iw such order as Trwslee may deltrmlae. Twslee may peiWpowe sale of aY <br />or aay ptrresi of fhs Prap~r'-.y ~ psi =aaanai'smc~ at €i[t *,itat sad place of wry previpusly srhedakd sale, Lewder or <br />Leader's destigaet [way parrMase the Pei rty sN aay sale. <br />Upaa reteisit of paymewl of tits Mid, Tnrslee shah diver to ohs purciaser Trastrf s sited raavtyiag tie Properly <br />srAd. The rceitab in tie firtWee's deed siaB 6t pries farts evidtace of the truth of the slatemeah made therein. Trwstee <br />siaA rppty iMe prncseda elf tie sale is fhc folbwbrg order (a) to trB rcasonab(s costs sad eaprnus of tie sale, leichrefitig, bat <br />[rot IMrNrd ro, `f russet s fees ai a~ mate than 3ta~ of 1 ~ of the gross uk pros. reasoaaMk attorney's tern sad roses of <br />lilir eetiidencs; fib) b aB seams securetd by lib DeM of Trim; sad (c) tMe extras. if aay, to tic person a persons kgaBy eatgkd <br />lierteta• <br />19, letreower'a Rigit to tReirrsWs. Notwithstanding Lender's acreteraticn of the stems secured by this t7erd of Trust, <br />Borrower ihail have the right to have any proceedings begun 6y Lender to enforce this Deed of Tnist tiiscan#inaed at <br />any time prior [a the cariicr M occur of (i) [he ftfth day before the sale of tits Property pursuant to the pawre of safe contained <br />in this Decd of Trust nr (ii) entry of a jeidgment enforcing this Deed of Trrst it~. (a) Borrawer pays i.ender all sums which would <br />bt then dot under this i)eed of Trust, the Nate and Hates securing Future Advances, if any, had no acceleration occurred; <br />(b) Borrower cures alt brtacher of any other rovroams or agreements of Bturower amtaitrrd m this iked of Trust; <br />(c) Brprtowtt pays alt rcasanabte €tpenses interred by Linder and Trustee in enforcing the Gov{pants and agreements of <br />Borrawer eaenained in this E)setf of Trtrsi and in enforcing 1 s.;der'; °nd Truste:'s r<_medie~ a+ ~ruvided 'n paragraph f N <br />herevaf, int:lUding. teat n.t srTiricd t.*, rra'3a:.al`»y" ;.t!^r.^.°y'. ft_~; .::.~ (d) c~;; ~ t~kr -~ t z-fir. r .r t i•rrcler mat reaurn:thlt <br />reyu~re tr as±uri ttta- the Oren ai this i]eed of Crust t en;fer's :merest .r the Pi.+t'<ny .nil tk c ohitgatn,n u? p,t} <br />