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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 Properly, the proceeds shall be applied 10 tbe sums secured by this Deed of Trust,
<br />with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />olherwise agree in writing, there shall be applied to the sums secured by thi~ 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 value of the Property immediately prior to the date of laking, with Ihe 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 />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 [0 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 installmenls referred 10 in paragraphs I 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 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 />It. Forbearance by Lender 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 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 Cumulative. 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 equilY, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Uabilif}.; Captions. Thc covenanls 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 paragrapb 17 hereoL 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 tbe provisions hereof.
<br />14. Notice. 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 hy notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested, tn Lenders address stated herein or to
<br />such other address as Lender may designate by notice 10 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 />tS~ Uniform Deed of Trust; Governin2 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 law of the jurisdiction in which the Properly is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note contlicts with applicable law, such contlict shall
<br />not affect other provisions of Ihis Deed of Trust or the Note which can be given effect without the contlicting 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 cupy of the NOle and of this Deed of Trust al the time
<br />of execution or after recordation hereof.
<br />17, Traosfer 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, ex.cluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trusl, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or hy 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's option, dl~lare 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.Jhe Property is to be sold or 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 />lender shan request. If Lender has waived the oplion 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 ohligations under this Deed of Trust and the Note,
<br />If Lender exercises such option to accelerate. Lender shaH 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 Ihe sums declared due, If Borrower fails 10 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 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further co\'enant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragnoph 17 hereof, upou Borrower's breach of any covenant or
<br />ag_ment of Bonower in this Dftd uf Trust, iucluding the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to aecelenotion shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (I) the
<br />breach; (2) the action required to cure such breach; (3) a date, not I.... than 30 days from the clate the notice is mailed to
<br />Borrower, by which such breach must he cured; and (4) that failure to cure such breach on or hefore the date specified
<br />in the notice may result in accelenotion of the sums secured by' this need of Trust and sale of the Property. The uotice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to briDg a <'Ourt actiou to assert
<br />the uon-existence of a default or any other defense of Borrower to acceleration and sale. If the hreach is not cured
<br />on or before the date specified in the notice, l.ender at l.ender's option may declare all of the sums secured by lhis 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 />penuitted by applicable law. Lender shall be entitled to roUect all reasonable costs and expenses incul1'ed in pursuiug the
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable anomey's 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 />part thereof is located and shall mail copies of such notice in tbe manner prescribed by applicable la..' to Borrower and to the
<br />other persons prescribed by appIicaIIIe law. After the lapse of such time as may be required by applicahle law, T.....1ee shall
<br />give public notice of sale to the persons and in the manner prescribed hy applicable law. Trustee, without demand on
<br />Borrower, shall seD the Property at public auction to the hij:hest hidder at the time and place and uuder the terms designated
<br />in the notice of sale in 0,", or more parcels and in s'UCh order as Trustee may detennine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any prniously scheduled sale, Lender or
<br />Lender's desigoee may p,,",base tbe Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveyiug the Property
<br />sold. The recitals in tbe Trustee" deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sale in tbe foUowi"llcorder. (a) to all reasonable costs and expenses of the sale, including, but
<br />Dot IIndted to, Trustee" fees of not more than ,05 % of the I:ross sale price, reasonable attorney's fees and costs of
<br />title evidence; (h) to all sums secured by this Deed of Trust; and (c) the excess, if auy, to the person or persons l"llally entitled
<br />llleftto.
<br />19. Borrower's Ri&ht to Rdnstate, NOlwithstanding Lenders acceleralion of thc slims securcd !>y this Deed uf Trust,
<br />Borrower shall have lhe right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any !ime prior to the earlie, 10 occur ,of (i) the fifth d~y bef~lTe Ihe sale of the Property pursuant to the power of sille c,)Otained
<br />10 th,s De.:d of Trust or (u) entry or a Judgment enfo!ClOg thIS Deed of Trust if: (al Borrower pays lender all sums which would
<br />be then due under this Deed or Trust, the Note and notes SC',"llring Future Advances. if any, had no aCi,.'c)eration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements l'( Rorro\4'cr contained in this Deed of Trust:
<br />(c) Borrower pays all reasonable e.\penses incurred by Lender and Trustee in enforcing the l.:ovcnanls and agr\."Cments l'f
<br />Borrower cootained in this Deed of Trust and in enForcing l.ender's and Trustcc's remedies as provided in paragraph 1 S
<br />hereof. includina. but not limited to. reasonable attorney's fees.; and (d) Borrower t.lkcs s.u,.h ~Kti()n as Lender may rcas()n.abl.~
<br />require to assure that the lien of this Deed or Trusl. Lender'" interest 1I\ the Property ~ind B(,\rr(\~'yr" ~"'1i...t:c.)U h1 pay
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