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<br />9- Camdtmuatba. The proceeds of any award or claim -for damages, direct or consequential, in connection with any
<br />condemnation or-oilier taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby. assigned.
<br />a~ shalt be .paid to bender.
<br />In the event of a total taking of the Property, the proceeds shalt fie applied to the sums secured by this Deed of Trost,
<br />with the oxcess, if any, paid to $orrower. In the event of a partial taking of the Property, unless Borrower and. Lender
<br />otherwise-agrce in writMg, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that prapornon which-the amotiti 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 tfie dace 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 />an award or settle a etaim for damages, Borrower fails to respond to Lender within 30 days-after the date such Halite is
<br />trailed, Lender is authorized to cotleet 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 tfte due.date of the monthly instsilments referred to in-paragraphs I and Z hereof or-change Ehe amount.ot
<br />such rtrstallmenu.
<br />10. Porrower PZct Ile7ta~d. Pxtensian of the time far 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 shad not operate to release, in any manner,
<br />the liability of the original Botmwer and Borrower's successors in interest. Lender shall not berequired to commence
<br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortization of the sums
<br />secured.by this Deed of Trust by reason of am' demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall sat tx a waiver of or preclude the- exercise of any such right - or remedy.
<br />The procurement aEinsurance 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 />72. Remedies Camoiattve. Ali remedies provided in this Deed of Ttvst 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 />sttecesaiveky.
<br />13. Sacceaaors and Assigns Blonnd; 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 rho provisions of paragraph 17 hereof. Ail covenanu and agreements of Borrower shall be joint and- several.
<br />The captions and headings of Cho paragraphs of this Deed of Trust are for convenience only and are no[ to he used to
<br />interpret or define the provisions hereof.
<br />14. Notke. Excefrt for any notice required under applicable law to M: given in another manner. (a} any notice to
<br />Borrower provided for to this Deed oC Trust sha31 be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Addreu or at such other address as Borrower may designate by notice tc Lender as provided herein, and
<br />{b) any notice to Lender shall bt given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Leader may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Reed bf Trust shall be dtemed m have been elver to Borrower nr I ender when elver in the manner designated herein.
<br />IS, uniform IXed of Trust; Governing Law; SeveraWlHy. This form of decd of trust combines uniform covenants for
<br />national use and non-uniform covenants with kimited variations by jurisdiction to constitute a uniform security instrument
<br />covering real propeny. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />In tiro event that any provksien or clause of this Deed of "true[ or the Note cont'kicis with appheable law, such conflict shaft
<br />not stfen other provisions of this Deed of Trust or the Note which can lac given effect without the conflicting provision,
<br />and to this end-the. provisions of the Deed of Trust and the Note ate declared to be severab'.e.
<br />16. Barrows's Copy. Borrower shall be fitrnished a canfnrmtd espy of [he Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />27. Tranxfer of tlu Property; Assumption. tf a31 or env part of the Property ar an interest [herein is sold ar transferred
<br />by }iorrower without Lender's prior wnnen consort, excluding f a} the creauan 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 by devise,
<br />descent or by operation of law upon the death of a joint tenant or id) the gran[ of any leasehold interest of three yeah or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare sit the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender sheik have waived such option to acceleram it, prior to the sake or transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreemem in writing that rho credit of such person
<br />is satisfactory to Lemter and that ilia fnttrest payable on the sums encored by this Deed of Trtst shad bs at such rate as
<br />f.endes shat! regtxst. tf Linder has waived the option to actektrato provided in this paragraph l7, and if $orrower's successor
<br />an interest has executed a written sssumption agreement accepted in writing by Tender, Lender shall release Borrower from
<br />akl obitgabans under this Ihed of Trust and ilia Note.
<br />if larder exercises such option to accelerate. Lender shalt mail Borrower notice of acceleration in accordance with
<br />pa aph 14 hereof. Such notice sbaii provide a period of not less than 30 davs from the date rho -notice is mailed within
<br />witiah Borrower tray pay the sums declared due. I( Borrower fails to pay such sums prior to the expiration of such period,
<br />Ltruier may, without further notice or demand on Borrower, invoke any remedies permitted 6y paragraph 1 g hereof.
<br />Nar+-Untroam Covet+at+rs. Borrower and Lender further coo^nant and agree as follows:
<br />Ig. Accekraibe; Remedies. Except sa previdtd in paragraph 17 hereof, upon Borrower's 6rcach of any covenant or
<br />agreement of horcower in this Deed of Trust, including the covenants to pay when due any soma secured by this Deed
<br />of Trust, Lender prior to acceleration sbaii mail notice to Borrower as provided in paragraph t4 hereof specifyirrg: (1) the
<br />breach; f2- the action required to cure such breach: (3) a date, not Tess than 30 days from the date the notice is mailed to
<br />Borrower, by which sock breach must be cured; sad (4) that failure to rare such breach on ar before the date specified
<br />in the notice retry result 'rn aecskration of the sums .tr~»d by tkt~ D«..t ..f Trust a*!i sRte of olio Pmpery. The notice
<br />shah. farther inform Barrows of the right to rciersiate after acceleration and the right to bring a court action to assert
<br />flit rmn-e~leace of a dsfanit ur any orbs defense of Borrower [o acceleration and sale. IF the breach is not rnfld
<br />un ar before iht darn specified -in the entice, t.endes of Lender s opliaa may declare sit of the sums secured try this Deed
<br />of Trust M be itrrmediately drre and payable without further dtmami and may invoke the power of sale and any ether remedies
<br />psmitted by applicable taw. Linder shad De entiiltd to cuBsct ski rsasanabie rosfs and sxptnsts incurred in pursuing the
<br />rcmedits provided in this paragraph Ig, btcitxtiag, ben Hai limited to, reawnabke avorney's fees.
<br />tf the power of sale ~ invoked, Trustee shah record a notice of default in each county in which the Property or some
<br />part-fhseof g totaled and shah mail espies of such rurtice in the man»sr prescribed by applicable law to harrower and to the
<br />other ptrsoas prcaicribtdby applicable law, Alts the Lapse of svefi time as may fie required by appBcabie taw, Truster shall
<br />give prsWic.trotice of salt to ilia persons and in the manner prescribed by appicaMe taw. Trustee, without demand on
<br />Sorrawer, shs6 txa #„s Property ~. pahlie aartinn m the higfaest bidder at tin time and plane and under the terms designated
<br />in the atrtke of"sale iu one-or more parcels sad to such ender as Trustee may determine. Trastee may postpone sale of aU
<br />or atsy~parcet~of-tM Froptrty br pubBc anntwacement at the rims and piece. of any prcvkouslp scheduled sale: Lender or
<br />Ltndsr's dnrigaes may pnrehsee Ws Proptr[y st aqy sale.
<br />llpoe.rtesipt of patznent- of t7ae prig bid, Trastee shag [klivrr to the purchaser 't'rustee's deed etmveying the Properq
<br />said. 11r ~.ra3iabt -let the `Crvstet's deed shat) be prima facie evidence trf the truth rrf' the statements trtade therrin. Tncstc~e
<br />spell spldy the proceeds of the stria is the folbwing order. tat to a6 rsasonatrk costs acrd expenses of the .salt, iocltrdkag, bat
<br />oat Umit~d fo,. Trrmlee'B Yces of Hat mare titan 4a of 79'r of the gross sale price, nasonabk aY[arnsy's Cees and costs d title sciderrce;
<br />{Ire-to aB.soms~reaired hy.tlds C)eed of Trtrst; and (c} the excrss, li any. to the person err ptrsars lega6y entitttd thereto.
<br />19 6artower'>F itipltt fo Rsim~tatt. Notwithstanding Lender's accsleratic?n al the sums secured by this Deed of Trnsi.
<br />Borrower strait ktave ttm fight to have any prxteding~t begun 6y Lender to enforc~t this Dttd of T'nast discantinaed at
<br />any #rtrie-pt'inr-ta the earleer to oecueaaf ti) the fi€th day before the salt of the Propetl.y pursuant to the power of sake cam:uned
<br />m ihts L7eed of Trust ur (rij erury of a jrxd$trrem enforcing this I)ecel c+t Tnast iF. {at Borrower pays Lender all sums which wtxaltk
<br />teettaert-dux gimlet'tins Duet of Trust, ikte Ntue and noels securing Fatture _4dvaraees, if any, had na arcelerxnan occurred:
<br />(b) llnrtosrsr= rtrtca ski breachsa of say-zither covtnantx or agrtttnents of Borrower eontainod in this iA•ed .,.f Truer:
<br />trt Barrowar.pays~akt rsswnabkt-sxpenaox 4ncurmd lay I.rndsr-and Trtzsiee in enforcing rhs coo-~enarta attd arrcemtnts of
<br />Ratrarstn° togtatxeod-fta fhix Desd.of-'trust and. in enfurring Condor's and Trtrstte's remedies as provided in paragraph i S
<br />heron#. irtetudkng, fun not. hmitrd W, rtasonabks aricattt,w's fees: end 7dk 13arrnwtr takes such acti<xr n< Lender may rensnnabky
<br />arc. ta -aasore ittat tiro flans-at itrar I3t~ed of Ttttai. "f.endet'v inttrsat in rho Prapsriy :and Barrowsr"s nhiigafiarn t„ to?t-
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