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<br />9. Condemnaton. The proceeds of any award or claim for damages, direce 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 Lender.
<br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured by [his Deed of Trust.
<br />with the excess, if any, paid [o Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such propottion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to [he date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he condemnor offers to make
<br />an award or settle a claim for damages, borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall no[ extend
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower 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 liability of the original Borrower and Borrowers successors in interest. I-ender shall not be required to commence
<br />proceedings against such successor or refuse to extend time fur payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust 6y reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />I1. Forbearance by Lender Not a Waiver. Any forbearance by i-ender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shat( no[ be a waiver of or preclude the eserctse 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 Ueed of Trust.
<br />12, Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under [his Deed of Trust or afforded by law or eyuity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; 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 />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt he 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 to
<br />interpret or define the provisions hereof.
<br />14. Notke. Except for any notice required under applicable taw ro be given in another manner, tat any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice h}' certified mail addressed to Borrower 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 shall be given by certified mail, return receipt reyuested, to Lenders address stated herein or to
<br />such other address as Lender may designate by notice ro Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use 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 taw of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can hr given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Nnle and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest thereto is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding la) the creation of a (ten or encumbrance subordinate to
<br />[his Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender c option, declare alt the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shalt have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to be sold nr transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lertder shag request. If Lender has waived the option to accelerate provided in this paragraph I7, and if Borrower's successor
<br />in interest has executed a written assumption agrcement accepted in writing by Lender, Lender shag release Borrower from
<br />alt obligations under this Deed 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 provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If 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 g hereof.
<br />NoN-UNIFORM Covert,tNTS. Borrower and Lender further covenant and agree as follows:
<br />I8. Accekratioo; Remedies. Exttpt as provided in paragraph 17 hereof, upon Borrower's breach of any covenao! or
<br />agreement of Bortower in this Deed of Trust, includittR the covrnaats to pay when due any sums secured by this Deed
<br />of TrtW, Leatkr prior to acttkatioa shalt mat? notice to Borrower u provided in paragraph 14 hereof spec}fyittp: (1) the
<br />Drench; (2) Hte action required to cure such breach; (3) a data not Ira than 30 days iron the dale the notice is mailed to
<br />Honower, by which such breach collet be cured; nerd (4) tha! failnrc to cure such breach on or before the date specified
<br />in the aolke cony resell in accekntion of the sutra secured by this Deed of True/ and sak of the Property. 'Che notice
<br />shad further inform Borrower of the right to reinstate after acceleration and the rig41 to bring a court action to assert
<br />the nontxistttnce of a default or any other defense of Borrower to acttleralion and sale. )f the breach is not cured
<br />on or before the dale specified in qte notice, Lender at Leodrr's option may declare aU of the sums secured by this Deed
<br />of Trust to be imrtxdiatdy due and payable without further demaml and racy invoke [he power o[ sak and arty other remedies
<br />permitted by applicable law, bender shah lie rntitkd [o colkc[ all reasooabk costs and expenses incurred io pursuing the
<br />retaed}es provided in this partr6raph 18, including, but rtot 6mhtd to, rcasorwble attorney's fees.
<br />!f the power of sak is invoked, Trustee s6aB record a tmtke of default in each county in wbkh the Property or some
<br />part thereof is krcated acrd skull mail copies of sue6 notice in the manner prescribed by applicable taw to Borrower and to the
<br />other persons prescribed by appltcabk taw. After the lapse of suck time as may be required by applicable law, Trrtstee shall
<br />giro puhlk notice of sak to Ibe person nail in Ehe manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shaft sell the Property at public auction to the hiRttest bidder al the time and Platt and under the terms drsptnated
<br />in the not}tt of sale in ox or more parcels ad }a stitch order as Trustee may determine. Trtuiee may postpone sale of all
<br />or any pared of the Property by puWk aattouaeerwewt at the time and place of any previously scheduled sale. Lender or
<br />Lender's desit<na may purchase the Property at any sale.
<br />Upat receipt of paymeN of the price bid, Trustee shah deliver to the purchaser Trustee's deed conveying the Propertq
<br />seW. "c ke recitals in !lie Trustee's deed sba6 lie prima facie evidence of the truth of the statemrnls made therein. Trustee
<br />shay apply the proceeds of the stile is the foBowitrR order. (a) to all reasonrbk costs and expenses of the sale, inciuditgt, but
<br />ttat limited lo, Trnrlee's fees of aW more than . OS ~ of the itrosx sale pritx, reasonable attorney's fees axd costs of
<br />!#le evidence, (b) to alt sums sceured by this Deed or Trust; and Ic) the excess, it any, to the person or persons tc>[ally entitled
<br />1lterelo.
<br />19, Boerower`s Ripl to Ileisslate. Notwithstanding L.ender's aecrleraUon of the sums secured by this Decd of 'trust,
<br />Borrower shah have the right to have any proceedings txgun by Lender to enforce this Dred of T'ntst tiisconum+ed at
<br />- _- any time prior to the earlier to occur of (i) the fifth day before the sale of [he Properly pursuant [n the power of sale contatned
<br />- in #hia Decd of Trust or (iii entry of a judgment enforcing this Deed of ''rust ti: (al Borrower pays 1_euder all sums which would
<br />be ihm due under this Drat of Tnrsf, the Note and testes securing future Advances, +f any, had nn acceleration occurred;
<br />(b} Borrower corns all brexhes of any other covenants ar agreements of Borrower amtained m th+s Dred of Trust:
<br />tc) fktticrwer trays alt rcesonahk ttiprnses incurred by Lender and Tntsler in entornng the covenants and agreements of
<br />Borrower cattairted itt this Decd of Trust and in enfoning 1 ender's and Tn+stez x remedies a, pravukd to paragraph i R
<br />tterectf, inettrding, but colt limited to, rra:wnabk attntnrY'x fees; and (tl) Borrower takes such acuon as I,.endct cnav reasonably
<br />rrqutrr to assure chat the hen of Fhis Dced of T`r'ust, tender`. tntrrrsi to the Property anal Borrower's oMigatron to pas
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