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<br />9. COIHIemnation. 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. lhe proceeds shall he 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 the Property, unless Borrower and Lender
<br />othelWise agree in writing, there shall be applied to tbe sums secured hy this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured hy 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 taking, with the balance of the proceeds
<br />paid to Borrower,
<br />If the Property is abandoned by Borrower, or if, after norice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower faits to respond to lender within 3.0 days after the date such .notice is
<br />mailed. Lender is authorized ro collect and apply the proceeds. at Lender's option, either to restoration or repaJr of the
<br />Property or to the sums secured hy this Deed of Trust,
<br />Unless Lender and Borrower otherwise agree in writing. ;:HlY slIch application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to 10 paragtaphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. 8onower 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 o~ Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in IntereSL Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment Of otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made hy Ihe original Borrower and Borrower's successors in interest.
<br />i 1. Forbearance by Lender Not a Waiver. Any f{)rbearancc 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 .secur.cd hy this Deed of Trust. . . .
<br />12. Remedies Cumulative. All remedies provH.fcd In thIS Deed of Trust are dlstlOct and cumulative to any other nght
<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. Succ:essors and Assigns Bound: Joint and Several Liability; (~ap'ions. The covenants and agreements herein
<br />contained shalf hind, and the rights hereunder shaH inure to. the respective Sllccessors and assigns of l.ender and Borrower,
<br />subject to the provisions of paragraph 17 hereof All covenants and agreements of Borrower shall be joint and severaL
<br />lbe captions and headings of the paragraphs of this Deed of Trust are for convenience only and arc not to he lIsed to
<br />lOterpret or define the provisions hereof.
<br />14. Notice. Except for any notice reqUired under ~ipphcabk: law ro he given in another manner. (a) any Iwticc 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 nouce to Lender as provided herein, and
<br />(b) any notice to Lender shaH be gi\le~ by certified .mail, return receipt rcqu:ested. to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as pfl)vldcd herem. ."'ny notice provided for in this
<br />Deed of Trust shall be deemed to have heen given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform DHd of Trust: GoverniD2 La:\\': Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations hy Jurisdiction to constitute a uniform security instrument
<br />coverin real ro rt '. This Deed of Trust shall he governed by the law flf the Junsdiction In which the Property is located.
<br />In r ~ -~i'-""""pr clause of :his Deed of Trust or the Note co~tlicts with appllcahle law, such conflict .shall
<br />nol .. .~d of Trust or the Note which can he given elfect WHhout the (:~Hlt1ichng proVision,
<br />and . Deed uf Trust and the Note ..He declared to he severable.
<br />shall be furnished a l:onformcd copy of thl' Note and of this Deed of Trust af the time
<br />of execution or after recordation hereof.
<br />17. Traasfer of the Property; Assumption. If all or any part of the Property or an interest therem is sold or transferred
<br />by Borrower without Lender's prior wrinen consent, excluding i a) the Lr~ali(ln of ~l lien or cOI.:umbrance subordinate to
<br />this Deed of Trust, (h) the creation ot a purchase money security intercst for household appliances, ~ c) a transfer by devise.
<br />descent or by operation of law upon the death of a JOint tenant or {d) lhe grant of an}' leasehold inten.."'St {.)f three years or less
<br />not containing an option to purchase, Lender may, at Lender's oplion. declare all the sums sCl.:ureo hy this Deed of Trust to be
<br />immediately due and payable, Lender shall have waived such option to accelerate if. prior 10 the sale 0r transfer. Lender
<br />and the person to whomJhe Property is to be ~old l\r trallsJerr~ reach agreement In writing that the aedit of such person
<br />is satisfactory to lender and that the interest payable 011 the sum~ -sccured by this Deed of Trust shall he at such rate as
<br />Lender shall request. If Lender has waived the l\ption to ac\.:deratc provided in (his paragraph 17, and if Borrower's successor
<br />in inter~t has executed a written assumption agreement aCt..'epleo in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust ano the Note.
<br />If Lender exercises such option to accelcr<trc. I.ender ~hail mail Borrower notice of acceleration in .accordance with
<br />paragraph 14 hereof. Such notice shall prOVide a period of not lc~ than JU days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay sUl.:h sums prior to the expiration of such peri<.ld,
<br />Lender may. wilhout further notice or demand on Borrower, invoke any remedies permiUed by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Horrower and Lender further covenant and agree as tollows:
<br />18, ACl-elenWoa: Remedies. ~:xc~pt as provided in par>>gnopb 17 hereol, upou Borrower's bre""b of any cove......t or
<br />..__nt of Borrow.r in tbis l)eed of Trust. indudiRR the cov.nants to pay when due any sums secured by this Deed
<br />of T....... l..,nd.r prior 10 au.leralion sltaIl mall notice 10 Borro..er as prooided in panl&rapb 14 h~reof specifylRR: (1) the
<br />breach; (2) lhe ""lion required to cure sucb ,,",arh: (3) a d...., not less than 30 days from the date th. nolice is maUed 10
<br />Bonuw~r, by wblcb such ,,",arb musl he cured: and (4) Ih... fail...., to cure sucb breach on or before the date specified
<br />in tbe notice m.y result in acceleration of the ...nos secured bl Ibis Deed of Trusl and sale 01 tbe Property. The nolice
<br />sball further inlorm Borrow.r 01 lhe ri&hl to reinstate after acce......liou and th. rigbl to bring a court action to assert
<br />the l108-e.iste""e of a del.lllt 01 anl other defense 01 Borro..er 10 aC<'elenot.ion aud sale. II Ihe brellCh is not cured
<br />ou or belore tb. dat. specified in the notice, Lender at under's optiou may declare aU of the sums secured hy this Oeed
<br />of Trust to be immediately due and payable ..ithoul further demaud and may invoke the power of sale and auy otber remedies
<br />permitted by appIic:able law. Lender sllall he entitled to cof1ect all re&<iOnabIe c....1.s and npenses incurred in pursuiRR the
<br />remedies provided in this _raph 18, lndudioa, but not limited to, .......nable aU"",,,y's lees.
<br />" the po_r of sale is invoked, Trustee shall record a notic. of defaull in eacb county in which lhe Property or some
<br />part thereol is located and shall mai1 copies of such notice in the manner prescribed by applicahle law to Borrower and to the
<br />other persons prescribed by applicalJle law, Aft... lhe lapse 01 sucb ti_ as may he required by applicable law, Trustee sball
<br />give poIoIIc notke of sale to lhe persons and in lhe manner prescribed bl applicabl. law, Trustee, without demand on
<br />Bomo.wer. shall lIdl the Prnperty at public a""lion to the higitest bidder al the time and pl"". and under the I.rms desigual.d
<br />iu lb. noli<< of sale iu oue or ........ JIliUUIs and in sucb order as Trustee may d.termi.... Trustee may postpone sale 01 all
<br />or ...y parwI of tlte Property by public an_oremeat at the time and place of any ......viously scbeduled sale. hnder or
<br />~nde"s desigaee may pare""" the Property at any sale.
<br />U- n<<ipt of paymeat of the pri<< bid. Trustee sball deliver 10 the purchaser Trustee's deed conveyiRR tbe Property
<br />sold. the recitals is lhe Trustee's deed shall be prima facie .vidence 01 tb. trutb of the statements mad. therein. T.....1ee
<br />..... apply tile proceeds of tile sale io lite lolIowiDII order: (a) to all _ble costs and npenses 01 I.... sale, indudiRR, but
<br />not 1iIotik4 to., Trustee" f_ of not ........ t'- . 05 % of the g....... sale price, ..-we altorney's lees and <OSts of
<br />:::::,Weace; (",to all OlIms _ure4 by tbis Deed of Trust: and (e) t.... ...-, if any, 10 lb. person or pelSO'" legally enlitled
<br />19.. ......WC:f'....' to Reiastak.. No(w~thstandin& Lender's- nccclcr31ion of the .\Uln,- MXurcd by Ihi~ [)eed of Trw~t,
<br />Borrower shaU have the rish! to have an)'< proceedings begun by Lt'nder to enfun:e this Deed of tnlst discontwueJ .n
<br />~n-y ~ime prior I~ the Qr~.ter to. occur .of fj) the fifth ds)" before the s.aie of the J>r()pef1j' pursuant to the power of sale \,:{,\i1huneJ
<br />m thii Deed of Tf:U,5tor (u)e-ntry~a Judgment ~nf(}ft"in& this Deed of Trust II: (aJ 8nfro~cr pays Lcmkr all sums. which ",~)lthl
<br />be (hen due under Itn. I.)eeU of hu:!tt. the NQIC and notes ~t.:unng Future t\dvaoc-c\, II (Iny. had no <ll:i:deratlnn occurred:
<br />(~J Borf\)WCf \.'tira- tilt breaches- of .any ~het t~Q\'en~nl~ ~jr agreements ()~ Horrowcf Ct.mtair\C*.i III this Deed (~f Trm,t.:
<br />(.c) ~rQ,,*--ef pa)', a~ r~aillc tJ.peU5CS tnc::urred b,Y L,erukr and Trtlit~.1O enfon.:mg the I........n-cnanh anu ag{CCmCnl~ \\t
<br />8o-ttow~" .CM~ained In th~ f?ced 0' Tr\J$l and In en'o~~utll...("ntkr's. a,nd ., ru....tc.-:.s ,,""l11edic:\ a~ pro\ltdc.d m p.u",-g.raph is
<br />hc:tu)f. tndudina. bul not IJmutd to. .r-e&Mm.1lbk, liUillney ~ f<<::~; a~ {J,~ lklfr\!wcr tl!k.~ ~lk.h a("iJllU ~.s L('nd~f may .':eas~'nah}~
<br />r-atUtD:' to- auuf~ ,h4~ ,he h'!:fl ()( 1hli l1ecd of h-U\-l" 't'.fHhn"" Hltere'S-l Hl Ihe f)rn-perty Mh.1 nl~flli"'c;-.t\ fl;,\i-Pt~l 10 p.")'
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