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<br />S. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation orothertakingoltheProperty. orpanthereof. or for conveyancein lieu ofcondemnation ,areherebyassigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust with
<br />the excess, it any, paid to Borrower, In the event of a partial taldrig of the ProMrty, unless Borrower and Leader otherwise
<br />agree in writing, thereshall beapplied to the sums securedby fnis Deed of Trustsuch proportion oftheproceedsas isequal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediately prior lathe date of taking bears to the
<br />fair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or it. after notice by Leader to Borrower that the condemnor otters to make an
<br />award or settle a claim fordamages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to
<br />the sums secured by this Deed of Trust
<br />Unless Lenderand Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. BorroworNot RNeased. Extension of the time for payment or mcdification of amortization of the sums secured bythis
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner. the
<br />liability ofthe original Borrowerand Borrower's successors interest_ Lendershall not be required to commenceproceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbeaanco by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable taw, shall net be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurementof insurance of the paymentof taxes crotherliens erchargesby Lender shall not be a waiverof Lender's rightto
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative All remeriiei pm,fided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust ter- affoded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors. and Assign fiai:md; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind.and the rightshereundet -6hatl inure to, the respective successors andassignsof Lenderand Borrower,
<br />subject to the provisions of paragraph .1Thehm1. Ail covenants and agreements, of Borrower shall be joint and several. The
<br />captionsand headings of the paragr4p ftsu'; - VeedofTrustarefcreonvenienceonlyandarenottobeusedtointerpretor
<br />define the provisions hereof.
<br />14. Notka.Exceptforanynoigr 6i6 .0 :. Tderappflcable. fawtobe given in another manner. (a) any noticetoBorrower
<br />providedforin this Deed ofTrust mailing suchnotice by certified mail addressed to Borrower atthe Property
<br />Address or at such other address as nor rkYrrxtttay designate by notice faLender as provided herein, and (b) any notice to
<br />lender shall be given by certified marl, return requested, to Lendeetiaddress stated herein aria such otheraddress as
<br />Lender may designate by noticeto Sorroweras provided herein. Any noticeprovidedfor In this Deer) cf Trust shall bedeemed
<br />to Lave been given to Borrower or Lender when given in the manner designated herein.
<br />1S. tlUMM Deed of Trust; GavamIng Law, Severability. The form of deed of hiatccmbines uniform covenants for
<br />national use and non- uniform co- r+raants with limited variations by jurisdiction to concti=ute a uniform security instrument
<br />covering real property. This Deed of Trust `all be governed by the law of the jurisdiction in which the Property is located. In
<br />the eventthat any provipign or clause of this.Ctaed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect Other provisioEy. ' lth" Deed of Trust orlee Note which can be given effeetwithout the conflicting provisions. and tothis
<br />e�td the provisions e = of Trust and tfte ry .-ote are declared to be severable.
<br />16. Barowar's Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. it all or arty part of the property or an interest therein is sold or transferred by
<br />Borrower withoutLender's prior written consent. excluding (a) the creation of alien or encumbrance subordinateto this Deed
<br />of Trust (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant or (d)the grant of any leasetsctd interestof three years or less not containing an
<br />option to purchase. Lender may, at Lender's option, declare all the sums secured by thla Deed of Trustto be immediately due
<br />and pair Ie. Lender shall have waived such option to accelerate if, prior to the w. e; or transfer, Lender and the person to
<br />whom �.te Property is to be sold or transferred reach agreement in writing of such person is satisfactory to
<br />Lendera 1'P attheinterestpayableonthesumssecuredbythisDeedofTrustst ,,. f teri ts) : ::Iirate;3 Lender shall request If
<br />Lender hc- vzsiyetV the option to accelerate provided in this paragraph 17. And if t3 4m we s .Lr„cessor in interest has
<br />executed kit riflun assumption agreement accepted in writing by Lender. Lander shalt release I.?rrrrrwer from all obligations
<br />under this feed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall poav'de a period of not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared dire 11, ac rower fails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand c r. &:4•r*wer, invoke any remedies permitted by paragraph 18 hereof.
<br />NONUNIFORM dOYENANTS- Borrower end Lender further covenant and agree as follows:
<br />118. Acceleration; Rontadlet. Eri t as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deaf al Thrust, including the covenants to pay when due any sums secured by this Deed of Trust:
<br />Lender prior to acceleration shall mail notice to Borrower as provider; in paragraph 14 hereof specifying; (1) the breach; (2) the
<br />action required to cure such breach; (3) a date, n m lessthan 30 days from be date the notice is mailed to Borrower. by which
<br />such breach must be cured; and (4) that failure to cure such breach an or before thedate specified In the notice may result in
<br />acceleration of thesums secured by this Deus of Trustand sale of the Fra�,erty. The notice shall furi)ya6mform Borrower of the
<br />right to reinstate after acceleration and the riey11 to bring a court avlcr. , to assert the non- existenctii :W a default qr any other
<br />defense of Borrower to acceleration -iw,,; sale. N the breach is net cm Q on or before the date speci(i� in the notice. Lenderet
<br />Lender's option may der.lsre all of true si ms secured by I is Dead, of Trust to be immediately due ar:dpayable without further
<br />demand and may invoke the power 0 sa�4 erd any other remedies permitted by applicable law. Lender shall be entitled to
<br />collectall reasonable crv;ts and expenses In"rred in pursuing therremedtes provided in the paragraph 18, including, but not
<br />limited to, remonab%a,"torney's�fees.
<br />It the power of safe is invokEdl Trustee sW; record a notice of default in each county in which the Property or some part
<br />thereof is located and shall maitccipres otsuch notice in the manner prescribed by applicable taw to Borrower and to the other
<br />persons prescribed by applicalit-a taw. After the lapse of such time as may be required by applicable law, Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />shall sellthe Propertyat public auction to the higherstbidderatthetimeand placeandunder theterms designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled safe. Lender or Lender's designee
<br />may purchase the Property at any sate.
<br />Upon receiptolpayment of the price bid, Trusteeshall deliver to thepurchaserTrustee's deed conveying the Property sold.
<br />TherecitalsintheTrustee' sdeede. aillbe prima facieevidenceof the truth ofthestatementsmade therein. Trustee shall ap ly
<br />Grepriat�eed3offitesaieinthefolicwingorder.( a) toallreasonablecostsandexpensesofthesate ,including,butnothmite to.
<br />Trustee'sfeesof not morethan__% of the gross sale price, reasonable attorney's fees and costs oftille evidence;
<br />(b) to all sums secured by this Deed of Trust; and (c) the excess. if any, to the person or persons legally entitled thereto.
<br />L 111. Borrower's Right b Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by !.ender to enforce the Deed of Trust discontinued at any time
<br />prior to the earlierto occur of (i)the fifth day before the sale of the Property pursuant to the power of sate contained in the Deed
<br />of Trust (it) entry of a judgment enforcing this Deed of Trust rk (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust, the Note and notes securing Future Advances. if any, had no acceleration occured;(b) Borrower
<br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust: (c) Borrower pays all
<br />reasonable expenses incurred by Lenderand Trustee enforcing the covenantsand agreementsof Borrower contained rnthis
<br />[heed of Trustand in enforcing Lender's and Trustees remedies asprovidedin paragraph lli hereof. including, but notlimited
<br />to. rea3onable attorney's fees. and (d) Borrower takes such action as Lenderany reasonably require to assure that the lien of
<br />th is Daed of Trust. Lender's rntereat in tho Ptr port•{ and Borrower's riblrgatwr to pay the sums secured by this Dead of Trust
<br />s!,; dr contmueuolm- paredUponsu chpaymontandcurebyBorro werthisDeedWTrustapament;!naGOr ,ecuredhereby
<br />shall rernarn in Ito force and effect as it rio accelaralra, had occurred
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