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81--~)(ia~~4 ~ <br />9. i',~eardcranaflon. The procceds of any award or claim for damages, direct err corise,D'txtrti~~al, in corittectita~~n with any <br />cimdsznnatioc or othe4 taking of the Propetlty, or pact thereof, or for conveyance in lieu of eondt:mnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds sisal) tx applied to the sums secured by C-K Deed of Trust. <br />with the excess, if any, paid to Borrower. fn the event of a partial taking of tix Property, unless Bono;..: 'end Lentkr <br />otherwise agree in writing, there shah be applied to the sums secured by '3is i'7eed of Trust such proportion of the proceeds <br />as is egos) to that propDrlusn which the amount of the sums xcorcd by this Deed of Trust immediately prior to the date of <br />taking bars to the fair market value of the Property immediately prior to the date of taking, wish the balance of the proceeds <br />paw to Borrower. <br />ff the Property is abandoned by Borrower, or if, after notice by tender to Borrower that the condemnor offers to make <br />an award or seine a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Leader is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of zhe <br />Properly or to the sums sixured by this Deed of Treat. <br />Iln[us Lendu and Borrower otherarix agrce in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />]d. Beerowu 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 tiabiliry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such sutxessor 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 Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise affordai by applicable law, shall not be a waiver of or preclude the exercix of any such right or remedy. <br />The procurement of insurance or the payment of taxes or orbs: 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. Remedies Ctrmtdatlve. Ail remedies provided in this Deed of Trust are distinct and cumulative to any other right <br />or remedy tender this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or <br />successively <br />13. Stxecaors sad Assigns Bound; Joint sad Several LiahBky; Captions. 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 />subjtxt to the provisions of paragraph 17 hereof. All covenants and agrcements 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 [o <br />interpret or define the provisions hereof. <br />11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for rn this Deed of Treat shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />ib} any rwtice to Lendu shah be given by certified mail, return receipt regitesied, 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 That shall be deemed to have bcen given to Borrower or Lender when given in the manner designated herein. <br />I3. Uniform Deed of Trust; Geverniag Law; SeverabMky. This form of deed of trust combines uniform covenants for <br />national tae and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. <br />In the even[ that any provision or clause of this Deed of Trust or the Note conflicts with appligble law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, <br />and to this cad the provisions of the Deed of Trust and the Note are declared to be severable. <br />1L. iannwer's Copq. Borrower-shall be furnished a conformed copy of the Note and of [his Dad of Trust at the time <br />of execution or after ttxwrdaAar htxeoL' <br />17. Tttaasfu of fie ltnptsly;-AaranrlMion. If all or any part of the Property or an interest therein is sold ar 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 Trtst, (b) the crsatlon of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon [he death of a joint tenant or {d) the gent of any leasehold interest of three years or less <br />trot containing an option to purchase, Lender may, at Leader's option, declare all the sums secured by this Deed of Trust to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />sad the person to whom the Property is to be sold or transferred reach agreetrtent in writing that the credit of such person <br />is satisfactory [o Leader and that the interest payable on the sums secured by this Deed of Trust shall be at, such rate as <br />Lender shall request. If Letrdtr has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />in ipttrsst has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />all obligations under this Deed of Trust and the Note. <br />If Lender exercises such option to accelerate, Leader shall mail Borrower notice of acce)eration in accordance with <br />paragraph !4 hereof. Susie notice shall pr"``ir_;P a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declare:: 'tie. If Borrower fails to pay such sums prior to the expiration of such period, <br />Leader tttay, wit)rous nr~hEr dice or detnard uri Borrot:sr, iavake any remedies permitted by paragraph 1$ hercaf. <br />Nora-Utvreoa-.r CovENANTs. Borrower and Lender furlher covenant and agree as follows: <br />1& Acceleralloa; Rearedles. Brtcept as provided is paraMrapi 17 hereof, upw Borrower's breach of aey coveonl or <br />agseeroeat of ^srrowu is this Deed of Tracy inclndie6 the eoveairNs to pay when den say snort secured by this Deed <br />d TrrW, Leader prior to accekratioa shay maY rmtice to Borrowu ac provided is parasraph 14 6creof speci[ylog: (1) the <br />breech; (2) the acdon required to care such breach; (3) a dNq oat Iras alma 30 days from the date the rwlke is mailed to <br />lonowu, by whkh sash 6rcaci [east be cared; sad (4) tiN failure to care each breach oa or before /he date apccified <br />i~ the aotke nay resuM is accekratioa o[ the cosec secured by this Deed of Tract sad sale of tie Property. The notice <br />slat) furtiu inform Borrowu of the right to reiatlate after acceleration sad tic riahl to bring a court action to aster[ <br />the rrea•eeidNence of a detaisM or a^y other defeam of Borrower to acceleration sad sale, If the bread is not cured <br />oa or before tie dale spscitxd in the notice, Lendu at Leader's opfioa auy declare ad of iht sums .tired by that Deed <br />of Trutt to be imnreditldy dtrs and payable witiart fustier demand and may iovoie the power of sale sad say oticr renredles <br />pumBted by applicable kw. Leader shay tie errddtd to coNect ad reasonable casts aed eaperees incurred is ptusuing die <br />remedks provided ha tiia partrgaph lei, i^tlitdi.i, bw ool umded to, reasonable attorney's fete. <br />1t the power of sale is Lvabed, TraAee siaM record a notice of default io each county in which :»e Properly or snare <br />part Hereof it )seated sad shay nrm'1 copies of such notice in the nraaner prescribed by applicaNe law to Borrower sad to tie <br />dlru persons prescribed by applicable law. ANu the laptt of srch tine as may he regitusd by applicable bw, Trtaatee shag <br />~~iivv~c prYk aolice at sale 4 Mre persona sad is the manner prescribed by applicable law. TrtrNee, without demand on <br />ianower, aiaY sell tie Trvpeaty al prrWc arctiso to the iighesl bidder at the time sad place sad nndu the terms dsalt;anted <br />is tie notice of sale i• one ar once prceY sad M each order m Trtmtee may deteradae. Trnalee may postpone sale oI aY <br />m sax pares! of tits lrroper+y iy priYt aulwaicemt:at at ttte time and pLce of any preriotgly schednkd sale. Leadv or <br />I.eatisr'a dmipee ray pwciam Mee My at awy sale. <br />[ipna receipt of pfynraM of ties bid, TenrAee apll deliver to the parciater Trustee's deed coaveyiag tie Property <br />soli. Tire reeihla L the Trtrees`a died shay lie prism faele erideatt of tie truth of the slatemenk made therein. Trustee <br />ai~Y apply Mrs of lie tilt i the foYawitrR order. (a) to all reatooable costs and expenses of the sale, iwchrdirtS, but <br />apt limllei tq raake'a !sett of sot more dam 05 `1k of the Rrom sale price, reasoaabk attorney's tees asd conk of <br />tllle exiieate; (h) a aY saute rsctrstd iy dries Deed of Tract; and le) the cams, If asy, to the person or peraora legally ealMkd <br />liasd. <br />i4. itartewsr'a Rigit to RdnYate. Notwithstanding Lender's acceleration of [he sums secured by this Deed of Trust, <br />Borrows[ shall have the right to have any proccedings begun by Lender to enforce this Decd of Trust discontinued at <br />any tiros prior to the earlier fo occur of Ei) tare fifth day before the sale of the Froperly pursuant to the power of sale contained <br />in this Decd of Trust or (ii) entry of a jud men[ enforcing this Deed of Trust if: (a) Borrower pays tender all sums which would <br />tie then dos under this Deed of Trust, t~e Nnte and notes securing Future Advances, if any, had no acceleration occurred: <br />{b} Borrower cuts all breaches of any other covenants or agreements of Borrower contained in this Desd of Trust: <br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of <br />Bor~owcr contained fn this Dssd of Trust and in enforcing Lcndet's and Trustee's remedies as provided in paragraph ) S <br />hereof, icetuding, but not limited to, reasonable attorney's fees; and {d) Borrower takes such action as tender may reasonably <br />r~uirs to sows that tau: lien of this Deed of Trust. Lender's interest in the Property and Borrower's obligation to pay <br />