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<br />9. Condemnation. The proceeds of any award or claim for damages. dire~t <!r consequential, !n connection wit~ any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance 10 heu of condemnation, a'e hereby assIgned
<br />and shall be paid to Lender, ,
<br />In the event of a total taking of the Property, the 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 takin)! 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 P!oportJO!, of the proceeds
<br />as is equal to that proportion which the amount of the sums secur~ by thIS Deed of T~stlmmedlately proor to the date of
<br />taking bears to the fair market value of the Property immedIately proor to the date of takmg, WIth the balance of the proceeds
<br />paid to Borrower,
<br />If lbe Property is abandoned by Borrower, or if, after notice by Lender to B?rrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender wlthm 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 />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 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 or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to rel~se. in any manner.
<br />the liability of the original Borrower 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, . Forbearance by Lender Nol a Waiver. Any forbearance 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 secured by this Deed of Trust. . . ,
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distmct and cumulative to any other TIght
<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. Suc<<s50n and Assigns Bound; .Joint and Several Liability; Captions. The covenants and agreements herem
<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 17 hereof. All covenants and agreements 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 are not to be used to
<br />interpret or define the provisions 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 Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or al such other address as Borrower may designate by 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 herem or to
<br />such other address as Lender may designate by notice 10 Borrower 3S provided herein_ Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrower or Lender when given in the manner designated herein,
<br />IS. 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 instrument
<br />covering real property, This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located,
<br />In the evenl that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without Ihe conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Note are declared to he severable,
<br />16. Borrower's Copy, Borrower shall be furnished a conformed copy of the NOle and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17, Traasfer of the Property; Assumptioa. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. ex.cluding (a) the creation of a lien or encumbrance subordinate to
<br />Ihis Deed of Trusl, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operalion of law upon the death of a joint tenant or (d) the grant of any leasehold interesl of three years or less
<br />not containing an option to purcbase, Lender may, at Lender's option, declare all the sums secured by this Deed of T,ust to be
<br />immediately due and payable. Lender shall 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 agreemem in writing that the credit of such person
<br />is satisfactory to Lender and thaI the interesl payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shan request. Jf Lender has waived the oplion lO 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 to accelerale, Lender 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 10 the expiration of such period,
<br />Lender may, wilhoul further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenaOl and agree as follows:
<br />t8. AcceleratioD; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any coveaanl or
<br />"llreement of Borrower in Ihis Deed of Trust, including the covenaats to pay when due any sums secured by Ihis Deed
<br />of Trust, Lender prior 10 acceleration shall maD notice 10 BOI'rower lIS provided in paIlI&raph 14 hereof specifying: (I) the
<br />breach; (2) the aclioa required 10 Cure such breach; (3) a dale, not less than 30 days from the dale tbe notice is mailed 10
<br />Borrower, by wbich sueh breach must he cured; and (4) Ihal failure 10 cure such breach on or before the date specified
<br />in the notke may result in acceleration uf lhe sums secured by tbis Deed of Trust and sale of the Property, The notice
<br />shall fnrther ioform Borruwer of Ihe right to reiastale &fte. acceleration and the right to bring a court action to assert
<br />the non-existence of a default or any other defense of Borrower to acceleralioa and sale. If the breach is not cured
<br />on ur before the date specified in Ihe notice, Lender at Lender's option may declare all of the sums secured by Ihis Deed
<br />of Trust to be immediately doe and payable without further demand and may invoke lhe power of sale and any otber remedies
<br />permiUed by applicable law. Lender shall he entitlecllo collect all <eIISOnable <'OSlS and expenses incurred in punuing the
<br />remedies provided in lhis paIlI&raph 18, indudin&, bot not limited to, reasonable aUorney's fees.
<br />If the power of sale is invoked, Trustee shaD record a nome of default in each county in which the Property or some
<br />part lhereof is located and shall mail copies of such notice in the manner prescribed by applicable law 10 Bnrrower and to the
<br />othe. pe....ns prescribed by applicahle law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give pnhlk notic:e of sale to the persons and in the manner prescdbed by applicable law, Trustee, without demand on
<br />Bonower, shall seD lhe Property al pnhlk auctinn to the highest bidde. at the lime and place and under the terms designated
<br />in the notic:e of sale iD one 01' more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />01' any parcel of the Property by public announcement at the time lUId place of any previously scheduled sale, Lender or
<br />Lender's desicnee may p~ the Property at any sale.
<br />Upon receipt of payment of lhe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. 11le recitals in the Trustee's deed shall he prima facie evidence of the lruth of the .1atemenls made Iherein. Truslee
<br />shaD apJlly the proceeds of the sale In the followinl: order. (a) 10 all rellSOnable costs and expenses of Ihe sale, iucluding. but
<br />.....1iIIIIted to, Trastee's fees of not more I~ .D'> % of the gross sale price, reasonable aUorney's fees and costs of
<br />title evidence; (b) to all sums secured hy this Deicr 01 Trust; and (e) the excess, if any, to the person or persons legally enlilled
<br />IIIereto.
<br />19. IIonower"s Rilbt to Reinstate.. Notwithstanding Lender's acceleration of the sums. secured by thiS Deed of Tru~t.
<br />Borrowe, shall have the right to have any proceedings begun by Lender 10 enforce this Deed of Trust discontinued at
<br />~ny ~ime prior to the ear.l!ef to occur .of (i) the firt~ d~y befl:uc the sale of th~ Pf'<.~pcny pursuant 10 the power of sale contained
<br />m thIS Deed of TrWit or (II) entl)' of a Judgment enforcing thiS Ot..~d of Trust If: (a) Borrower pays Lt~ndcr all sums which wuuld
<br />be then due under thiS Deed of Trust, the Note and notes securing Future Advances, if any, had no .iccclcrafion occurrt:d:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Ot.-ed of Trusl;
<br />(c) Borrower ~ys al! re~nable expenses incu~red by L.em.lcr and Truslee in enfon:ing the covenants and agreements l)f
<br />Borrowff contained In thiS Deed of Trust and so enfon:tng Lender'$ and Trustee's remedies as provided in paragraph Iii
<br />he~f, including. but not limited to. reasonable ~UQfney.s fees.; and (d) ~rn.lv."Cr takes such action as. Lender rnav rca:)onahl\
<br />ttquu"\: to ..ure that Ihe lien or thi, Deed of rrusl, 1 endcr'1t intere!!t In the Property ~mJ llurn)\".cr'~ nhli8~tmn to P;l}'
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