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4, Caadcaraliar. The proceeds of any anvard or claim for damagcu. diirecm or comequantial, in conrsra:tion witFi any <br />condemnation or other taking of ~ Prnperty, or part tlvc°reof, or for conve:Yanoe im lieu of caJnct2mnation, are horeb}' asaiignotl <br />and ~1 be paid ut Leary. <br />In the event of a rater taking of the Property. the proceeds shall be applied to the sums scaxtred by this Iced of Trtrst. <br />with the excxss, if any. paid to Borrower. In tae event of a partial taking of ttx Property, unites Borrows 'Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Der' of Tnut such proportion of the provxeds <br />as is equal fo that proportion which the amount of the sums secured by tail Reed of Trust 'smmediately prior to the date of <br />taking bwrs tts the fair market value of the Property immediately prior to the date of taking, with the balance of tae proceeds <br />paid to Brrrower. <br />If ffie Property is abandoned by Borrower, or if, after notice by Lender to 8otrower that rite condemnor offers to make <br />an award or atttle a claim for damages, Borrower fails to respond to Lender within 3t) days afar the date such notice is <br />mailed, Linder it authorised to collect and apply the Proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the snots secures by this Deed of Truss. <br />Unless Lender and Borrower olherwiu agrce in writing, any such application of proceeds to prinefpal shall net extend <br />or postpo>e the due date of the trtonthly installttsents rtferred to in puagraphs !and 2 hermf or chance the amount of <br />Such tnstallmertts. <br />10. bomawer Not Rekaed. Extension of the time for payment or modification of amortization of the sums secured <br />by tail Decd of Tnut granted by Lender to any successor in interest of Borrower shalt not operate to reteau, in any manor, <br />the liability of the original Borrower and Borcowcr's successors in interest. Lender shall not be required to commertve <br />proceedings against such successor or refuu to extend time for payrttent or otherwiu 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 />il. gorbearraee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exerase of any such right or remedy. <br />The procurement of insurance oz 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 Trout. <br />1Z Remedks Cumohflve. All remedies provided lit this Deed of Tntst 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 concurrently, independently or <br />sucteasiv~ly <br />13. Seecesors and Aas;gns Doaod; Joint nail Several LiabBity; 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 Borcower, <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 rued to <br />interpttt or deSae the provisions hereof. <br />14. Notke. Except for any notice required tinder applicable law to be given in another manner, {a) any notice to <br />Borrower provided for m this Died of Trust shall be given by mailing such notice by certified malt addressed to Borcower at <br />the Froperty Address ar at such other address as Borrower may designate by notice 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 stated hettin or to <br />such other address as Len~r may designate by notice to Borrower as provided herein. Any notice provided for in this <br />shed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />i5. UnHorm Deed ~ T++at; Goverrd~ Law; SeverabBity. This form of deed of trust combines uniform covenants for <br />national uu 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 event that any provision or clauu of this Deed of Trust or tae Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed o'. Trust or the Note which can be given effect without the conflicting provision. <br />and to this end the provisions of the Deed of-Ttust and the Note are declared to be severable. <br />16. borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time <br />of execution or after recordation hereof. <br />17. Trarofer of the Property; Asrmpgor. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written rnttsent, excludrgg (a) the creation of a lien or encumbrance subordinate to <br />this Deed of Trust, (bD khe creation of a purchase. rnorteysecurity interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon tbe death of a joinrtenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchau, Lender may, at Lender'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 />and the person to-whom the Property is to ire sold or transferred reach agr-cement in wnttng that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums soured by this Deed of Trust shall 6e at such rate as <br />Lender sha0 request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor <br />in in[ereat has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from <br />ail obUgations under this Dyed of Trust and the Nate. <br />If Lender exercises such option to acce!er»te, Lender shall mail Borrower notice of acceleration in accordante with <br />paragraph la hereof. Such notice shall provide a reriod of not less than 30 days from the date the unties is mailed with::, <br />which Borrower rnav pay the stunt declared due. jf Borrower fails to pay such sums prior to the expiration of such period. <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 S hereo#. <br />Note-Uwi'oatt COYRNANTt. Borrower and Lender further covenant and agree as follows: <br />18. Aceekradotr, Remedies. Except as provided it pusaraplt 17 hereof, upon borrower's breach of any coveaaal or <br />vt~reemeet of borrower in this Deed of Trent, iaclydisg the rnvenants to pay when due aey stints secured by this Deed <br />of Trwt, lender prior to acceleration shah mail notice to borrower m provided in para8opb 14 hereof spceHyitth: (1) the <br />breach; (2) Ilse aclioe required to cure such breach; (3) a dMe, not lass thin 30 days from the dale the notice is milled to <br />borrorer, by whleh such br~ch mint be cured; and (4) That (Wore fo cure such breach oa or before the date specified <br />in the notice QmY rewlt la accekrafias of the sums secured by this Decd of Trust and sale of the Property. The notice <br />alvrdl fssrtber inform Borrower o[ the risbt to ttiasWe titer acceleration srtd the right to brio[; a court action to assert <br />the twn-eairtence of a defalt or any other defesae of borrower to accekratitre and sale. ff the breach is not cared <br />or or before the date specilkd in the notice, Lender at Leader's optima may decbue all of the sums secured by this Deed <br />of Trtut to be immediately due and payable without further demand sad may involve the power of salt and troy other remedies <br />perwltted by rtppika6k law. [.ender shW be entitled to coNect all ttasoaabk costs aril expcroes incurred iq pursuing the <br />rem~ies provided in this parrgraph 18, ircladitvt, but sat Ilmiled to, reasonable artorney's fees. <br />if rho power of sale b lavalted, Trustee shall record a notice of default in each county in which the Property or some <br />part thereof is lecated and shah mW capka of such ratke in the meaner prescribed by applkabk law to Borrower and to the <br />other persons prcacdbed by applkabk law. After the lapse of wch time m may be required by applicable bw, Trustee shall <br />give pNbMc nettles of oak to 1be persons and is the manner prcscrifxd by applicable Iaw.~ Trustee. without demand on <br />borrowu, shah eeY tlse property N public auctloss to the highest bidder at the time and place and under the terms designated <br />it the ratke of sale fa ore or adore prcels and M such order ss Trastee may determine. Trastee may postpone sale of all <br />or-ray parcd'of the property by public arurautrcerueat at the Hine and place of any previously scheduled sale, Lender or <br />Lender's dosfgnee may Parebace the proPertY at any sale. <br />Upon rceelpt of prymeM of the price bid, Trustee sbW deUver to the purchaser Trustee's deed couveyiag the Property <br />said. Tlrc recMNs 4 the Tetrtee'a deed shW be prima facie evidence of the trat6 of the sfatemeats made therein. Trustee <br />soap ripply tie proceed of tlse sale fa the follows order: (a) to W reasorable cods aril expenses of the sale, frcladbrg, but <br />apt lhtitsd to, Tras/ee'a-fees of-not more (bar 1/~ Of 1 `% of the gross sale price, reasonable attorney's fees sad cask of <br />tltls etitlerce; (b) to rill soma secured by tbk Deed of Trurl; aril (c) the sneers, tl any, to the person or persons IeBWy entitled <br />tlNrete, <br />14. Aorrower's RltiM to RelWate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, <br />Borrower shelf have the right to have any proceedings begun by Lender to enforce, this Deed of Trust discontinued at <br />• any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power'of sale contained <br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would <br />6e then due under this Deed of Trust, the Note and notes securing Future Advances, if any, haul no acceleration occurred: <br />tb) Borrower cures all breaches of any oilier covenants or agreements of Harrower contained in this Deed of Trust; <br />(c) Borrower pays all reasonable expenses irx:urred by Lender and Trustee in enforcing the covenants and agreements of <br />Borrower contarned in this faced of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 1 R <br />hereof, including, but not limited to, ttasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably <br />require to assure that the lien of this Deed of '['rust, Lender's interest in the Property and Borrower's obligation to pay <br />