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<br />9. Condemnaflov. 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 Lt:vder.
<br />In the even[ of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deedof Trust,
<br />with the excess, if any, paid to Borrower. In the even[ 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 proportion of the-proceeds
<br />as is zeal to that pinportton which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking beats 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 the condemnor offers to [Hake
<br />an award orsetUe a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />matted; Lender is authorized to collect and apply the proceeds, ai Lender's option, either to resroration 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 t and 2 hereof or change-the amount of
<br />such installments.
<br />10. Borrower No[ Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Died 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 no[ be required to commehce
<br />proceedings against such successor or refuse [o 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 Bottower's successors in interest.
<br />11: Forbsaeavice by Lender Not a Waives Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shalt 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 [he indebtedness secured by this Deed of Trust.
<br />12. Remedies CnmulaUve. 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 equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Soint 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 I7 hereof. Ali covenants and agreemenu 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 arc not to b: ~:,.d to
<br />interpret or define the grovisions 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 Dced of Trust shalt be given by mailing such notice by certified mail addressed [o Borrower at
<br />the Property Address or at such other address as Borrower may designate 6y notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's 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 Tnrst shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />I5. 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 instrrtment
<br />covering real property. This Deed of Ttus[ shag be 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 provistons of this Deed of Trust or the Note which can be 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 Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. 'Itiansfer of the Property; Assumption. If all or any part of the Property or an interest therein is soltl or transferred
<br />by Borrower without Lenders prior written consent, excluding (a) the creation of a lien or encumbran.. °~rbordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a [ra srer by devise,
<br />descent or by operation of law upon the death of a hint 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, declare all the sums secured 6y 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 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 shall 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 Trust and the Note.
<br />If Lender exercises such option [o accelerate, 1_ender 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 18 hereof.
<br />Note-UNFFORM Coververtrs. Borrower and Lender further covenant and agree as [ollows:
<br />18. Accelsratioo; Remedies. Enept 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
<br />of Trus4 Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specffying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, nut less than 30 days from the date the notice is mailed fo
<br />Bormwer, 6y which such breach must be cured; and (4) that failure to cure such breach on or before the dale specified
<br />in the notice may result in acceleration of the sums scented by this Deed of Trust and sale of the Property. The notice
<br />shall fnrther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a defaWt 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, ixnder of Lender's option may declare all of the sums secured by this Decd
<br />of Trust to be immediately due avd payable without further demand and may im~oke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasonable costs vnd expenses incurred in pursuing the
<br />remedies provided in this paragraph l8, including, but not Umited to, reasonable attorney's fees.
<br />i[-the power of sale is Invoked, Trustee shat) record a notice of default in each county in which the Property or some
<br />part thereof' is located and shall ma8 copies of such notice 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 may be reyuired by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell Ehe Property at public auction to the highest bidder at the time and place and under the terms dssigvated
<br />in the notice of sale in one or more parceh and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place o[ any previously scheduled salt. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />I;pon receipt u[ payment of the price bid, 'trustee shall deliver to the purchaser 'trustee's deed cmnveying the Property
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. 'Truster
<br />shalt apply the proceeds o[ the sale in the tmlbwing order: (a) tm alt reusonable costs and experts~es mf the sale, including, but
<br />real )ivriled to,'frosfee's fees of not more than Yz o[ loo oC the gnus sate price, reasonable attmroey's fees and costs of title eridena:;
<br />(b} to all sums secured by this Decd o[ Trust; and (c) the excess, i[ any, to the person or psrsmns hgWly eotfllsd thereto.
<br />l9. Borrower's R~ht fo lietnstatr. Notwithstanding L.ender's acceleration at the sums secured by thu Decd of That.
<br />Borrower shall have the right to have :+ny proceedings begun by Lender as enforce this Deed of Tnist discontinued at
<br />any time prior to [he earlier to occur of (i) the fifth day before the sale mf the Property pursuant to the power of sale contained
<br />in Shts Deed oCTrast mr (ii) entry of a judgment enforcing this Deed of 'trust iL (a) Borrower pays Lender all sums which would
<br />be then. due under this Deed of Truer, the Note and notes securing Future Advances, if any, had na acceleration occurred;
<br />(b) Bormwer cures all breaches mf any other covenants mr agresmcnts of Borrower contained in this Decd mf 7nur.
<br />(c) B;2rrmwsr pays all reasonabfa axpenus incurrod by Lender and T'nrstse in enforing the covenants and agree°ments of
<br />Borrower corttamed in thi; Decd of Trust and in enfmrcing L.endar s and Trustee's rcrnedies as provided in p:+ragrap{: I H
<br />herrxaf, including, bu! not limited [m, reasmnable aumrncy's fees; and (d) Bmrrmwsr lakes such artian as Lender mne rr.nsunably
<br />esquire tr? assure that the lien of this Decd m[ 'Trust, l.endcr's interest its the Property' and Borrower's obligati,:n to pa+}
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