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<br />9. Condetanallols. The proceeds of any award or claim for damages, direct or consequential, In connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation, are Hereby assigned
<br />and shall be paid to Lander.
<br />In the event of a total taking of the Property, the oceeds shall be led to the sums secured by this Deed of Trust, with
<br />the excess. if any, paid to Borrower. In the event at a partial taking of he Property, unless Borrower and Lender Otherwise
<br />agree in writing,thereshall be appppliedto the sums secured bythls Deedof Trust such proportlo l of the ppttocesdasa is equal to
<br />that proportion which Ufa amount of the sums secured by this Dead of Trust Immediately plot to the date of taking beers to the
<br />fair market value of the property Immediately prior to the dale of taking. with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or 11, after notice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages. Borrower 1011810 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 Properly or to
<br />the sums secured by this Deed of Truss.
<br />Unless lenderand Borrower otherwise agree in writing, any such application of proceedsto principal shall not extend or
<br />postpone fire due date of the monthly installments referred to In paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. boarower, Nollitshiseed. Exlerismolthe time forpsymentor modification of amortization of the sums secured by this
<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 of theorigueat Borrower and Borrower's successoro interest. Lender shall not be required to commence pr
<br />against such successor or refuse to extend Wtie W patmenl or otherwise modify amortization of the sums secured b1►
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors In Interest.
<br />11. FoaMarance by Lender Not a Walwr. Any forbearance by lender in exercising any right or remedy hwoufK*. Or
<br />otherwise &Forded by applicable law. shall not be a waiver of a pprreeeel�de the exerciss o1 any such right or remed)r. The
<br />procuremenvol insurancoof the paymentof taxesorottw liensofchargesby Lendersholl nalbe s weivwof Lender's nghtio
<br />accaterary a n,a maturity of the indebtedness secured by this Dead of Trust
<br />12. Remedies Cumulative All remedies provided in this Deed of Trust are distinct and cumulative to any other right Of
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Sw4essere and Astto� Bourrrh �oktt and Several L4bWty; Captions. The covenants and agreements herein
<br />contained arnall bind, end the fights hereunder shell inureto, the respective successors and aWginsof Lenderand Borrower,
<br />subject to She provisions of paragraptn '1, hereof. All covenants and agreements of Borrower sw aru be oint and several. The
<br />captions and headings of the paragraprhsof this Deed of Trust are for convenience only and are n at to be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. Exceptforanynoticerequiredunderapplicablelawtobegiveninacmyth, err •Harr- q0a,( a)anynoticotoBorrower
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower allhe Property
<br />Address of at such other address as Borrower may designate bymo ^.:ce to Lender as Provided herein, and (b) any notice to
<br />lender shag be given ba�rr certified mail, return receipt requested,11"oneim's address stated herein or to such other address as
<br />Lendermay designatebynoticetoBorirowerasprovidedhersin. Anyri- oliceprovidedforInthis0eedofTrustshallbedeemed
<br />to have umn given to Borrower or Lender when given In the manner designated herein
<br />15. UlnNioram Deed M Trish Governing Low; Sewwabift. The form of dead of trust combines unilofni covenants for
<br />national use and non- unilOrm 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. In
<br />the event that any provision or clause Ol this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other Ipmvlsionsolthis Deedol Tir.ust orlhe Note which cen be given affectwithoulthe confl+ctxig provisions, and lothis
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. eorrmower's'Copy. Borrower aba:l be furnished a conformed copy of the Note and of this heed of Trust at the time of
<br />execution or alter recordation hereof.
<br />17. Transfer of the Property; ilissumpDon. It all or any part of the property or an interest therein Is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to 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 />operaticn ,ol law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />option 10 pa rchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due
<br />and payatilo. Lender shall have waived such option to accelerate it. prior to the sale or transfer, Lander and the person to
<br />whom the Property Is to be sold or transferred reach s reement In writing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trust shalt be at such rate as Lender shall request If
<br />Lender has waived the option to accelerate provided In this paragraph 17, and it Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />11 Lender exercises such option to accelerate, Lender shall mall Borrower notice of acceleration In accordance with
<br />paragraph 14 hereof. Such notice s. ^•al I provide a perlodof not less than 30days from the date the notice Is mailed within which
<br />Borrower may pay the sums declared due. 11 Borrower faits to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand on Borrower. Invoke any remedies permitted by paragraph 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree u follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, Including the covenants to pay when due any sums secured by this Deed of Trust.
<br />Lender prior to acceleration shall mai 1 notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; 12► the
<br />action required to cure such breach; (3)a date, not lessthan 30 days from the date the notice Is mailed to Borrower, by which
<br />such breach must be cured; and (4,,1 not failure to cure such breach on or before the date specified In the notice may result In
<br />acceleration of the sums secured by In is Deed of Trust and sale of the property. The notice shots further Inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
<br />defense of Borrower to acceleratior and sale. 11 the breach is not cured on or before the date specified in the notice. Lender at
<br />Lender's option may declare all of m4 sums secured by this Deed of Trust to be Immediately due and payable without further
<br />demarrrl and may invoke the power of sale and any other remedies permitted by applicable law. Lender shell be entitled to
<br />collect a I i reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 19. Including, but not
<br />I,maeo lo. reasonable aimmey's fees.
<br />If the power of save is invoked. Trustee shall record a notice of default in each county in which the Property or some pare
<br />trefeor is located arcs ns I. mail copies of such notice in the manner prescribed':, n applicable law to Borrowerand to the other
<br />Persons prescribed by applicable law. After the lapse of such time as may be iregnued by applicable law. Trustee shall glu a
<br />publ;t: no ice of sate to the persons and in the manner prescribed t; appilcat;ie law. Trustee, without demand on Borrower,
<br />shallsol tnePropertyatpublicauccontothehighestbidderatthel.^r eandp' aceandunderthetermsdesignatedInthenotice
<br />of sale in one or more parcels and in such order as Trustee may Weterreire. Trustee may Postpone sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previous:v scheduledsale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payrrent of the p1ce bid. Trustee shell deliver to the purchaser Trustee's deed conveying the Property sold
<br />ee
<br />Therecitalsinine lresterSLle67r' ar- DBprimniai; iistira�oiwoof .:miiu::v,...00.o.....w•.....- »•�..... .
<br />the proceedsof the sale encV . e 1 Cib ngorder:( a) to all reasonable costsand expenses ofthesale ,including,but not limnedto,
<br />Trustee's lees of not mrdve 9 ^ar _. _ %of the gross sale price, reasonable attorney's fees and costs of title evidence;
<br />(b) to all sums secures: T ii Inis Deed of Trust and (c) the excess, if any, to the person or persons legally entitled thereto.
<br />19. Borrower's fthl to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall havetne right to have any proceedings begun by Lender to enforce the Deed of Trust discontinued at anytime
<br />prior to the earlier to occur of (r) the lifth day before the sale of the Property pursuant to the power of sale contained in the Deed
<br />of Trust (u) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all Sims 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 Lender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed of Trust and on enforcing lender's and Trustee's remedies as provided in paragraph IS hereof, including, but not Irmitied
<br />to, reasonable attorney's lees: and Id► Borrower takes such action as Lender may reasonably require to assure that the lien of
<br />this Deed of Trust. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Dead of Trust
<br />shall conninue unimpaired Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hererby
<br />shall remain in hull farce and e4tecr us if no acceleration had occurred
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