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<br />9. CoNkmarioa. The procceds 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 Lettder.
<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, if any, paid to Borrower. In 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 Decd of Trust such proportion of the procceds
<br />as is equal tq 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 mazket 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 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 Ixnders 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 imtallments.
<br />19. 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 Dorrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors to interest. !.ender 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. Forbeannee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be :i 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 Cumulative. All remedies provided m 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 he exercised concurrently, independently or
<br />successively.
<br />11. Succesors wad Amigos Bound; Jant and Several Liability; Caplioris. 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 hereil. All covenants and agreements of Borrower shall he join[ and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for rnnvenience only and are not to be used to
<br />interpret or define the provisions herwf.
<br />LI. Notke. Except for any notice regwred under upplicahle law to he given in another manner (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such nonce by certified mail addressed to Borrower a[
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />f b) any notice to Lender shall tx given by certified mail, rewrn receipt requested, to lender's address stated herein or to
<br />such outer address as Lender may designate by nonce 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 />15. Uniform Deed of Trust; Governing law; Severabiltly. The form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limned varianans he lunsdiction «~ 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 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 provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Noe are declared to he severable.
<br />16. Borrower's Copy. Borrower shall be turmshed a ranformed copy nt the Notc and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the peoperty; Arumption_ [f all or any part of [he Property or an interest therein is sold or transferred
<br />by Borrower without-Lender's prior wntten consent, excluding ta) the creation of a lien or encumbrance sutwrdinale to
<br />this Decd of Trust, (b) the creation at a purchase money security interest for household appliances, f c t a transfer by devise.
<br />descent or by operation of law upon the death of a µ>im tcnam or f d) the gram of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare till the awns secured by this Deed of Trust to be
<br />immediately due and payable. Lender shalt have waived such oanon to accelerate if, prior to the sale or transfer, 1_ender
<br />and the person to whom the Property is to be sold or transferred reach agreement m writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed et Trust shall be at such rate as
<br />under shal# request. If Lender has waived the option to accelerate provided in this paragraph t 7, and if Borrower s successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower [rpm
<br />all obligations under this Deed of Trust and the Note.
<br />If Caroler exercises such option to accelerate. Lender shall mail Borrower nonce of acceleration in accordance with
<br />paragraph t4 helm(. Such nonce shall provsde a period of not Icss than 30 days from the date the nonce is mailed within
<br />which Borrower may pay the sums declared due. If Borrower twits to pay such sums prior to the expiration of such period.
<br />Lander may, without further notice or demand on Borrower, mvoke any remedies permitted by paragraph I8 hereof.
<br />Noes-UrvtFOast CoveHSKrs. Borrower and Lender further covenant and agree as follows:
<br />lg. Aceekrrrioa; Remedies. Except as provided in paragraph I7 hereof, upon Borrowers breach of any covenarf or
<br />agieeeteul of Borrower in This bleed of Trust, inctudiitg the covenants to pay when due any sums secured by this Deed
<br />of Trash Lender prior to acceleralbn shag maJ notice ro Borrower az provided in paragraph 14 hereof specifyirip: (I) the
<br />breach; (2- the action required to cure such breach; IJ) a date, na less Than JO days from the dale the police is mailed to
<br />Borrower, by whicA such breach must be cured; and 14) that iaflrre to cure such breach on or before the date specified
<br />is the police may resell in accekralion of the sums secured by this Deed of Tnret and sale of the Property. The notice
<br />sha4 fwther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the flaw-eaiWeaee of a defauh or any other defense at Borrower to accekratan and sale, If the brcatii is not cured
<br />oa or before the dale specified in rho notice, I,eirler at Lemkr's option may declare aB of the sums secured by This Deed
<br />of TrtW to 6e imniedirely due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall Ge entitled to collect all reasonable casts and expenses incurred in pursuirg the
<br />rcniedles previded is Ibis paragiap6 Ig, iocltidiiig, but tiW limited lo, reasonable attorney's fees.
<br />If the power of sale is invoiced, Trustee shall record a notice of default in each county in which the Property or some
<br />pre (hereof is located and sba8 mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by app4cabk law. Aftn Ihr lapse of such time as may be required by applicable law, Trustee shall
<br />give public nWice of sale fo the persons and in the manner prescribed by applkabk law. Trustee, without demand on
<br />Borrower, shall seY the Property at pir6lk archon to the highest bidder at the time and place and under the terms designated
<br />iii the aWice of sale in owe or more parceh and in Stich order as Trustee luny delermire. Trustee may postpone sale of all
<br />or any parcel d the Property by prMic announcement at the lime and place of any previously scheduled sale. !.ender or
<br />Letrdee's designee MY Purchase the Property al any sale.
<br />Upon-taceipl d paymer of Me price bid, Trustee shall deliver to the purchaser Triislec's deed conveying the Property
<br />sold. ~-recitals is Ibe Trwtee's deed shale be prima tack evidence of the truth of the stalemeefs made /herein. Trustee
<br />shah-ripply the proceelh of the sale is 16e folbvririg order. (ai to all reasonable coals wad expenses of 16e sale, including, but
<br />sr fimild/ to. Trustee's tees of nut more /haw _ ,- 1 S?_ _ _ _ ~ of the gross sale prlee, remeriiaMe attorney's fees and roslx of
<br />tflhtcvideace; (b) to tiY ~rmsseciired by this Deed of'1'rurt; and !c) the exceat, if any, to the person or persomr legally enlffled
<br />thrala,
<br />19. Rarrowar's Riau le Reialate. Natwrthstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrc~wat shall have the right to have any proceedings begun by lender to enforce this Deed of Trust discontinued at
<br />any time prier to the earlier io ot:cur of US the fifth day before the sale of the Property pursuant to the power of sale contained
<br />io-f6~Deed o[Ttust or iii! coley a(a judgment erzforcing this Died of Trtist it: (ai Borrower paps Lender all sums which wotdd
<br />tae then due utidet this Deed at Trtrsl, the Nate atxi mates scc.aring Future Advances. tt any. hail na acceleration occurred:
<br />-{b?- Barruwer carts. ad tsreaches of any other covenants ar agreetttentz of Harrower comamed in this Deeil oC Trust;
<br />{cl Qotrawet pays all rcasanabk expenses irx ur[ed by Lender and Trostea in en(atx:my the covenants and agreomcntx at
<br />Borrower contained in thew [?cad at `Cruet and in entorctng Lender's and Trustee's remedies as provided tit paragraph t M
<br />hereof, inetttding, but mN Ltnittd ta, rcasarnahle attorney's Cars, weed td) Barmwar takes ouch aeban as Letnier coos reasanaL•.iv
<br />rtrquirc to assustt that tip hen of this Doed of Trust, bender's interest rn the Propetty and Ytorrawerk ohhgation to pay
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