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<br />9. Contlemnstfon. The proceeds of any award or claim far 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, the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, ii any, paid to Borrower. 1n the event 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 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 dale 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 [he 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 to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Propetty or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such applicaUOn of proceeds to principal shall no[ extend
<br />or postpone the due date of the monthly installments referred to 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 ur modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Aorrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. 1_ender shall not be required to commence
<br />proceedings against such successor or refuse to extend time far payment ar 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. Forbeannee by Lender Not a Waiver. Any forbearance h}' 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 c
<br />right to accelerate [he maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies CumulaAve, ;\il remedies provided in this Deed of Trust are distinct and cumulative to an}' other right
<br />or remedy under this Deed of Trust or afforded by law ar equity, and may br exercised concurrently, independently or
<br />successively.
<br />13. Successors and Aligns Bound; 3oint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shalt inure in, the respective successors and asdgns of Lender and Borrower,
<br />subject to [he provisions o€ paragraph i7 hrrrc,t. All covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are far convenience only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notltt. Except for any notice required under apphcat:le taw to i,e eiven 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 Harrower may designate by notice to Lender as provided herein, and
<br />ib) any notice to Lender shall be given by certified mail, retuna receipt requested, m Lender's address stated herein or io
<br />such other address as Lender may designate by notice to 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 />f5. L`niform 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 instrument
<br />covezing real property. This Deed of Tntst shaft M governed by the law of the jurisdiction in which the Property is located.
<br />in the event that any provision or clause . this F?eed of Trust or the Note conflicts with applicable law, such canFlict shalt
<br />not affect other provisions of this Deed of Trust or the Note which tan he given effect without the conflicting provision.
<br />and to this end [he provisions of the lleed of Trust and the Note are declared to he severable.
<br />t6. Borrower's Capy. Borrower shall be furnished a canformcd copy of the Note and of this Dred of Trust at the time
<br />of execution or after rernrdation hereof.
<br />17, Transfer of the Property; Assumption. !I al! er any part of the Property nr an interest therein is soil or transferred
<br />6y Borrower without Lender's prior wriuen consent escluding ta) the creauun oY a lien ar encumbrance subordinate to
<br />this Dred of Trust (b} the creation of a purchase money security interest for household appliances, tc) a transfer by devise,
<br />descent or by operation of law upon the death of a jrnnt tenant or t d) the grant of any leasehold interest of three years or less
<br />not rnNaining an option ro purchase, Lender may, at [_enderb option, circlare alt 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, i_ender
<br />and the person is whom the Property is to be sold ar transferred reach agreemem in writing that the credit of such person
<br />is sa[isfactor}• m Lender and that the interest payable en the awns secured by this Dred of Trust shat! tx at such rate as
<br />Lender shall request. If Lemier has waited the option to aaceteratr provided in this paragraph 17, and if Borrower i successor
<br />in interest has executed a written assumption agreement accepted in writittg by Lender, Lender shall release Borrower from
<br />ail obligations under this Deed of Trust and the Note.
<br />If Lender exerciser such option to accelerate. tender shall rnaii Aorrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shalt provide a period at not less than 3U days tram the date the notice is mailed within
<br />which Harrower may pay the sums declared due, if Borrower fails ro pay such sums prior to the expiration cif such period,
<br />Lender may. without (urther notice ar demanu on Aorrower. imz,ke an}~ 2tnedies permitted by paragraph i ix hereof.
<br />Noiv-U rttvoann CovEkntsrs. Borrower and l.endrr further covenant and agree as follows:
<br />18, Acreltration; Remedies. Except as provided in paragraph f7 hereoF, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of T•ruvy including the covenants W pa} when due any sums secured by chic Deed
<br />of Trust, Lender prior to acttkratiun shalt mail natter io Borrower as provided in paragraph 14 hereoF specifying: ti) the
<br />breach; i2i the action required to cure such breach; (3) a date, not less than 34 days from the date the notice is mailed to
<br />Borrower, by which such breach must be eared; and i4) that (allure to cure such breach on or before the date specified
<br />in the nWttt may result in acttkration of the same secured by this Deed of Trust and sale of the Property. The notice
<br />siuiR farther inform Borrower of the right to reinstatt after acceleration amt the right to bring a court action to assert
<br />the non-existRteer of a default or any other defense of Borrower to ucrrleration and satr. if ihr breach is nut cured
<br />on or before the date specified in the notice, Ixrtdcr at Lenders option may declare ail of the sums secured by this Deed
<br />of Tntst to be immedutely due and payaWc without further demand and may im'oke the power of sale and any other remedies
<br />permitted by appltcabk taw. Leader shall be rntitltd to collect a0 reawnabte costs and expenses incurred in pursuing the
<br />remedies proridcd in this paragraph Itt, including, bat not limited to, reasonable attorney's fees.
<br />if the power of sate is inroked, Trtislee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shah mail copies of such notice in ihr manner prescribed by applicable taw to Borrower and to the
<br />other persotrs prescribed by applicable taw. AFier the lapse of such time as may be required by applicable taw, Trustee shall
<br />give public /totice of sahe to the persons and in the manner prrxribed by applicable law. 7'rmYee, without demand on
<br />Harrower, strati seN £ht Property al public auction to the highest bidder of the time and place and under the terms designated
<br />in ilte notice of sate in one or more parcels attd in such order as Trustee may determine. Truster may postpone sale of all
<br />or any paraf of the Property by pubiit announcemem xt the time and place of any previousFy scheduled sale. Lender or
<br />Ftrtder's designee may.purehsse the Proptrty at aay sale.
<br />Upon rueipl-of payment of the price bid, Trustee shalt detirer to the purchaser Trustee's deed crinveying the Property
<br />sold. The recHats in the TnWee's decd shah be prima facie evidentt of the truth of the statements made therein. Tnistee
<br />siu$ apfdy the proeeedss of the sale in the foibwirrg order. (a) to all reasonable costs and expenses of the sale, including, but
<br />oat $mifrd to, Trustee's lets o[ not mart than__. is.~'_. _..._ __'~ of the gross sale price, reasoaaWe attorney s fees and costs of
<br />heaaft 46) to a6 cams secured by Btia 13eed of `In~st; and ir) the ezerss, if any, to the person or persons lrgalfy entkled
<br />f9, $orrowsr's R~ht to Reinstate. Notw Hhstanding Lrndrrs acceleration of the sums secured by this Derd at Trust.
<br />Borrowu ahail have the right to have any prurerdings I,tgutt by 1_tnder to snturce this l?red of Trust dtsconunued at
<br />ary ti-gia p; icR` to :tie cattier t : t.+cur :>f ;i) tttr F.fth •aay retort the sz!e of the Vrnperty pursuant to [he ue+wer uF sale contained
<br />in this Derd of Trust ar Cii} entry of a jtrdgrnrnt rnfareing this Derd o! "t"rust if• (a) Borrower pays L~rnder a}I lams which would
<br />be theirdtre under thrs Deed af'~r~st, the Nate acrd antes stcur+ng Future Advances, +[ an}`. had nu accrterihan a+:currcd;
<br />tbt IDormwrr toles alt breachrx of any ether envenoms ar agrerntrptx of Aorrawer Evntautrd in thzs Dred of Trost,
<br />tci Borrower pays alt rcasonablr r+penscs incurred by f.rndcr and Trustee in cntc:nutg the covenaNS and agreements of
<br />Borrower camaintd in zhia Deed at 'Frost and in enforcing Lender's amt Trustee's rernrdies as provided m paragraph t!+
<br />hereoF, im;luditsg, but riot limdcd to. reawnabM atttx'ntyv iris. and;d) Aarrowcr takes such acuon ns Lender rnav ~eeixrnahiv
<br />requr[r in assure that tht lira of this f5rrd of 7Tuci, i.cnder's wterea rn ihr Pn,trrrty and Aorrawct's abligatian to pay
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