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<br />9. Coademnafion. The proceeds of any award or claim for damages. direct or consequentjal~ 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 he paid to Lender.
<br />In the event of a total taking of the Prnperly. Ihe proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower, In the event of a partial taking of Ihe Property, unless Bo~rower and Lender
<br />otherwise agree in writing, there shall 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 amounl of the sums secured by this Deed of Trust immedialely prior to the date of
<br />taking bears to the fair market value of the Properly immediately prior to Ihe dale of taking, 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 Ihatthe condemnor offers to make
<br />an award 0' setlle a claim for damages, Borrower fails 10 respond 10 Lender wilhin 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either 10 restoration or repair of the
<br />Property 0' to the sums secured by this Deed of Trusl.
<br />Unless Lender and Borrower otherwise agree in wriling, any such application of proceeds to principal shall not extend
<br />or postpone the due dale of the monthly installments referred to in pa,ag,aphs I and 2 hereof or change the amount of
<br />such installments,
<br />10. Borrower Not Released. Ex.tension 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 sball not ope'ale to rele".se, in any manner,
<br />the liability of the original Borrmyer 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. ForbelU'llnce by Lender Nol a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, sball nol be a waiver of or preclude the exercise of any such right 0' remedy,
<br />The procurement of insurance 0' Ihe paymcnl of laxes or otber liens 0' charges by Lender shall not be a waiver of Lender's
<br />right 10 accelerate the maturity of Ihe indebledness secured by Ihis Deed of Trust.
<br />12. Remedies Cumulative, All remedies provided in this Deed of Trusl are distinct and cumulative to any olher right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively.
<br />13, Successors and Assigns Bound; lolnl and Several Liability; Caplions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respeclive successors and assigns of Lender and Borrowe"
<br />subject 10 lhe provisions of paragraph 17 hereof. All covenanls and agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of Ihis Deed of T rusl are for convenience only and are not to be used to
<br />inlerpret or define the provisions hereof.
<br />14. Nolke. Except for any notice reqUired under applicable law io be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of TrusI sball he given by mailing such notice by certified mail addressed to Borrower at
<br />Ihe Property Address or al such other address as Borrower may designate by nOlice to Lender as provided herein, and
<br />(b) anv notice to Lender shall be given by certified mail, relurn rec'Cipl requesled, 10 Lender's address stated herein or to
<br />such oiber address as Lender may designale by nOlice 10 Borrower as provided herein, Any notice provided for in this
<br />Deed of Trust shall be deemed 10 have been given 10 Borrower or Lender when given in the manner designaled herein.
<br />15. Unilomt Deed of TnuI; Governl"lt Law; Sevuabillly. This form of deed of lrust comhines uniform covenants for
<br />national use and non~uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering reaLpropeny. This Deed of Trust shilll be governed by Ihe law of the jurisdiction in which the Property is localed.
<br />In tbcevent .Ihatany provision or clause of this Deed of Trust or Ihe Note conflicts with ilpplicable law, such conflict shall
<br />n"t affect othe. r ptOV... ..WOIlS... . of.. t. his Deed of Trusl or Ihe Note which can be given effect without Ihe conflicting provision,
<br />and to.lhi....~lbo,prp_DlIoflhe Deed.of Trust and the Note are declared 10 be severable,
<br />14............... Ccip",.BorrOwef shall be furnished a conformed copy of Ihc Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17, Tnmfer o( the Property; Asoumplion, If all (>f any part of the Property or an interest therein is sold or Iransferred
<br />by Borrower without Lender's prior writlen consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />Ihis Deed of TnuI, (b) the <:reation of a purchase money security interesl for household appliances, (c) a transfer by devise,
<br />d""""nt or by operation of law upon Ihe deatb of a loinl lenanl or (d) Ibe grant of any leasehold inlerest of three years or less
<br />not containing an oplion to purchase, Lender may, at Lender's option, declare alllhe sums secured by this Deed of Trust to be
<br />immediately due and payable. lender shall have waived such option to acceierate if. prior to the sale or transfer, Lender
<br />and the person 10 whom ,the Property is to be sold or Iransferred reach agreemenl in wriling thaI the credil of such person
<br />is satisfaclory to I.ender and thaI the interesl payable on Ihe sums secured by this Deed of Trust shall he at such rale as
<br />Lendersball request., If Lender has waived lhe option 10 accelerale provided in Ihis 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 Trust and tbe Note.
<br />Jf Lender exercises such option to acceierate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 ben:of. Such notice shall provide a p<.'fiod of nul less than 30 days from the dale the notice is mailed within
<br />which Borrower may pay Ihe sums declared due. If Borrower fails 10 pay such sums prior Iu 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 !urther covenant and agree as follows:
<br />Ill. AcreIeraIioa; Remedies. Except as pmTided in panIC....... 17 hereof. u...... Borrower's breach o( any covenaal or
<br />.-eal of Borrower In thlo Deed 01' TI'1I5l, IndadiOll lhe covenmls to pay when due any sums secured by Ihis Deed
<br />of Trust, Lender prior 10 ..,<eJentloll shall mall IIC>lke 10 Bonower as provided In paragraph 14 hereof sped(ylng: (I) the
<br />bmIeIl; (1) the 8dioII required 10 cure .IKh hreaeh; (J) a date, not Jess lhan JlI days from lhe date the notke is mailed 10
<br />Ilorrower. by whkh such brach m.... be cured; and (4) Ihal (ail_ 10 cure .IKh hreaeb OB or before the date spedfied
<br />IB tbe notice ....,. R5IIIt in aecelel'ldinn of the sums secBred by this Deed o( Trust and sa1e of !he Properly. The nollce
<br />shall (urlller iDfotm 1lorTo_ of the nahl CO m_le after ac<-eleralion and the nab! to briDg a coun actloo 10 assen
<br />the ~ of a defllD1l or any other defense o( IlorTower 10 acceleration and 5lIIe. If Ihe breacb is not cared
<br />08 or before tbe dale specified In the notice, Lender al Leudu'. option may ded.n ail of !he sums secured by this Deed
<br />01 T...... CO be i~y lhoe and payable without (nrtb... demaad and ....,. invoke the power of sale and an)' other remedies
<br />penIIilted. by appIieabIe law. Lendu shaiI be ealitIe4 to coiled ail ~ costs and expe...... incurred in ponul"lt Ihe
<br />.......ues pmvk1e4 in 11Ils. paragrapIt Ill. indadiiiItl. bul not Umiled 10. ~naIIIe attorney's fees.
<br />I( !be pow... of sale is invoked, Trustee shall ftCOrd a notice of defaull III eadJ counly in whic:b the Propeny or some
<br />partlbereof is...."... and shall mail tGpies of suc:h .rice ia the _ Jl"'SCribed by appiicahIe law 10 Borrower and 10 the
<br />oIber re-JIftli<'ribed by ~ law. After tbe lapse o( such 11_ as may be required by applkab1e law. Tnulee shall
<br />c=:,e notice ol sale CO the penoos and in lhe _ PftSC'ribed by applic:able iaw, Trustee, without demand on
<br />. . ....hell the Property at pu!IIk aaction CO !he bipost bidder at the lime and p1ace and under the terms desigaaled
<br />la the notlce of... 1a _ or ........ parcels .... in SlICh order as Trostee may delermlJlC, TrtlsIee may postpone sale of ail
<br />01' -tpatUI ol the I'roperty by poo/lIk an-..ee_ at !he lime and p1ace of aay previouslv scheduled sale. bnde. or
<br />te.....s.....- ...,. ~ the Prvperty at aay ... .
<br />u.- -.. ol pa,- ol!be price bill, Trustee shall deliver 10 the JlUn-h_r TnlSlee's deed conveying lhe Property
<br />....... 'J1lec redI:Mo lathe T_ee'. deed shall be prima fade evicletlce of the In1lb o( !be s__ats made therela. Trustee
<br />......., .. __ of the sale ... the f.......... order: la) to all --we c_ and ex....- of lhe sale, Incladi"lt, bul
<br />!iN...... 'f~.. fen of _ ~tUa .05 % of !be II.......... price, _1l1e attorney" fees and costs of
<br />=~(IJ)to._1CCIIft4 bytlols Deed ofTnos!l and (c) the exeas,lf any, 10 the person or persons leglllly enlOed
<br />19. ........... R_ to ReiMtafe, Notwithotan<.ling Lender', a...'Cle,.tion of lhe sums """ured bv Ihi, Deed of TrusI,
<br />Borr_ ....u hue the right to have any p..-dings be,lun by Lender to enforce this Deed of trusl discontinued at
<br />~I~ pt'inr to !be earlier to ocatf,o( Ii) the fifth day bef?fC the .aIe or the Property pursuant 10 the power of ",Ie conlained
<br />mth.. Deed of Trust ~t (Ill enlry 0( & Jud&ment enfon:lDll thIS Deed of Trust if: (al Borrower pays l.ender all '\lIDs which would
<br />be tlIc:n. ducWldc1Ihit.Deed of Tr\lst. the N_ and not'" "",<<ring Future Adv.""..., if any, had uo aeccle,'ation ,,,,,,urn,!:
<br />(bl ~ CIl_ all brr:acba of any ot~ t'O\!Cnanb or "1l_nlS of 8orrower contained in Ihi. Deed of Trust;
<br />(e) ~ .JIIlY'I all ~ e~.,.,....illCUl'red by Let<der ami l'rmtee in .nroreinll the COVl'flant. and "lIreomenls of
<br />~ ~ itt t",,!.Deed.O( 1'r'*.&oo in ...ror,einll.en<ier" and Trustee'. remedies as provided In parR1lraph IX
<br />heirWt, ~ ....._ _tal: lo,~ _y. fees; and ill) 8orfm,...., tak.,. weh a"tion .. Lcnd<>, mav rusonablv
<br />.....""'11> _ t.... 1M lion 0( this Deed of TfUlt, Lender', ime"'" 10 the Pr"'l"'''y and 80m,,,.,', obllg,""'u ttl p.Y
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