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<br />9. Condemnation. 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 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,
<br />with the excess, if any, paid io Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shat! be applied to the sums secured by this Deed of Trust such proportion 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 the date of
<br />taking bears to the fair market valve 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 the condemnor offers to make
<br />art 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 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 />10. Borrower Not Rekased. Extension of the time for payment or modification of amortization of the sums secured
<br />by [his Deed of Trust granted by Lender to an}• successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest, Lender shall not be required to commence
<br />proceedings against such successor 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. An}• forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall no[ be a waiver of or preclude the exercise 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 Deed of Trust.
<br />12. Remedies Cumulafive. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equit}•, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors amt 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 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 to
<br />interpret or define the provisions hereof.
<br />14. Notlce. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust 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 [o Lender as provided herein, and
<br />(b) any notice [o Lender shall be given by certified mail, return receipt requested, to Lenders 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 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; SeverabiGty. 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 tie governed by the law of the jurisdiction in which [he 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 be Given effect without the a~nflicting 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 Note and oI this Deed of Trust at [he 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 therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding la) the creauon of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer h}• devise,
<br />descent or by operation of law upon the death of a joim renam or (d) the grant of any leasehold interest of three years or Tess
<br />not containing an option to purchase, Lender may, ai I_eoder+ option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such opuon to aceelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and [hat the interest payable on the sums secured by this Deed of Trust shall be a[ such rate as
<br />Lender shalt request If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trttst and ihr Note.
<br />If Lender exercises such option [o accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Svch notice shall provide a perioJ.ot oat less than ±0 daps 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 an} remedies permitted by paragraph I S hereof.
<br />Non-UrtiFOant Covrtvnrtrs. Borrower and Lender further covenant and agree as follows:
<br />18. Acceeration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agrcemenl of Borrower in Ih's Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, [.ender prior ro acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (al a date, not less than 30 days from the date the notice 's mailed to
<br />Borroweq by which such breach must be cured; and (4) Ihaf failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of the soots secured by this lleed of 'Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non•exislence of a defauh or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice, Lender at [xnder's option may declare all of the sums secured 6y this Deed
<br />of Trust to be immediately due and payable without Further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall fie entitled to collect alt reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph Ig, including, but not limited to, reasonable attoroeys fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />pars thereof is located and shalt mail copies of such trotice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as ma} be reyuired by applicable law, Trustee shall
<br />give public rrotice of sale to the persons and in the mantrer prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall x11 the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcek and in such order as Trtrstee may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time sod place of any previously scheduled sale. tender or
<br />Lender s designee may ptrchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the Ttvstet c deed shall fie prima tacit evidence of the truth of the stalemenU made (herein. Trustee
<br />Mall apply the proceeds of the sate in the following order: la) to all reawnable costs and expenses of the sale, including, bat
<br />nut limited to, Trustee's fees of not more thsn_ _~~() _ -_ `~ of the gross sale price, reasonable attorney s fees and rusts of
<br />tick evidence; (b) to aB sums ucured by this Deed of Trull; and (c) the excess, if an}•, to the perwn or persons legally entitled
<br />thereto.
<br />19, Borrowers Right to Reinstate. Notwithstanding Lender's acceleration o1 the sums secured by ilia Deed of Tntai.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Orrd of Trust JisennhnucJ :n
<br />any time prior to the rattier to occur of ti) the fifth day tntorc the sale of the Pmpen} pursuant to the power of sale amtautal
<br />in this Lkrd of Trust or (ii) entry of a }udgmcnt rntaw•ing this De<',d of Trust if: la) Burrower pa) s LrnJrr all sums w bleb would
<br />br then dw: ^uder this Deed of Trust, the Note and notes securing Future Advances, if an), had no acrekrauon ocruneJ.
<br />(h) Borrower cures all breaches of env other covenants or aamements ni floe n,s.cr eontaincJ m this Decd of font.
<br />f) Borrower pays all reasonable espcn>es maurrJ by l.rudrr anJ `trustee i^ cnloramg the covenants xitJ agreements of
<br />Borrower contained in this Decd oC Tntst and m en(evCi^g 1 endrr's and Trustee's tn•meJie, as ptoviJctt +n pactgrgz;i IF
<br />hereof, iixhiding, but net limited to. rea><~uablr auornes's fees' and td) Borrower take, vich ncu,m as l..cnde~ mas tc.nonahh
<br />rrqutrc tas assort that the hen of this f)ceJ of Tnist. I-endr(s nitercst m the I':cpcrty and Bartrns ei's obhganun a, pas
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