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<br />9. Coudemnatbn. The proceeds of any award or claim for damages, direct or consequential, in confection 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 evrnt of a total taking of the Property, the proceeds shall be applied to the sums xcured by this Deed of Trust.
<br />with the extxss, if any, paid to Borrower. In the evem of a partial taking of the Property, unless Borrower and Lender
<br />otherwix agree in writing, there shall be applied to the sums secured by this Deed of Tryst 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 valtce of the Property immediately prior to the date of taking, with the balance of the procceds
<br />paid to Borrower.
<br />If EhePropcrty is abandoned by Borrower, or if, after notice by Lender to Borrower tfiat the condemnor offers to make
<br />an award or xtde a claim for damages, Borrower fails to respond to Leoder 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 />Property or to the Burets 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 1 and 2 hereof or change the amount of
<br />such inshllments.
<br />10. brrower NW Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted 6y Lender to any successor in interest of Borrower shall not operate to releax, in any manner,
<br />the liability of the original Borrower and Borrower's succesmrs in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse ro extend time for payment nr otherwise modify amortization of [he 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 NW a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwix 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 CumnleNve. All remedies provided +n 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 eyuity, and may be exercixd concurrently, independently or
<br />successively.
<br />13. Succmors and Assign Bound; Joint rod 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 the provisions of paragraph 17 hereof. Afl covenants and agreements of Borrower shalt be joint and xveral.
<br />The captions and headings of the paragraphs of [his Deed of Trust are for convenience only and arc not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice regwred under applicable taw to he given in another manner, (al any notice to
<br />Borrower provided for in this Deed o[ 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 notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be giver. by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other sddress as Lender may designate by notice m 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 />IS. Uniform Deed of Trash Gorernirrp Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants wnh limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. 'ibis Cecil a( Trust shall tie. govcrne.l by the !aw of the jurisdiction in which the Property is lecarcd.
<br />In the event flier any nrnyicinr, nr rlay,r of thee IL_eEi nt T~n,cr nr rF.r 1Jntr , nfl~ unrh a plttgbl: law ~_}t r nflict ettall
<br />not af[ect other provisions of this Deed of Tnrst 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 Note are declared to be severable.
<br />I6. ~ Berrowee's C Borrower be furnished a eon[ormed copy n( the Note and of this Deed of Trust at the time
<br />of execution' ar at1'ter `i2~~s
<br />17. ; Telerate of ~rttlium n. 1( all or any part of the Property or an interest therein is sold or transferred
<br />by Borr " er kitK.dfdM'~Yptfdr~iMiiR~ consent excluding 1 a) the creation of a lien or encumbrance subordinate to
<br />this Deed of~Tru`s`f"(hTth!"er~atfen^vf~~ptftchasr rnoney securry interest for household appliances. (c) a transfer by devise,
<br />descem or by operation of law upon the death of a joint tenant or (d1 the grant of any leasehold interest of three years or less
<br />no[ containing an option to purchax. C_ender may, at I_endei s option, declare till 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 safe or transfer, Lender
<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 satisfacioty to Lender and that the interest payable nn the Burns secured by this Deed of Trust shag be a[ such rate as
<br />I-ender shall request. If Lender bas waived the option to accelerate provided in this paragraph U, 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 accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph !4 hereof. Such notice shall provide a period of not toss than 3U days from the date the notice is mailed within
<br />which Borrower may PPay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without turther notice or demat:d on Borrower, mvake any remedies permitted by paragraph I S hereof.
<br />NotvUrvteoanr Cavert,vtvTS. Borrower and Leader lurthec covenant and agree as follows:
<br />t8. Acceleration; Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any coveoaot or
<br />rgrcearrnt of Borrower in this Deed of Trust, inclydhta the covenants to pay whra due soy sums xcared by this Deed
<br />of Tras4 Lender pttior to acceleration shill mail notice to Borrower as provided in paragraph /4 hereof speci[yirrg: (I) the
<br />bread; (2) the aMion required to cure such breach; (3) a dale, nW less than 3U days from the date the notkc is mailed to
<br />Borrower, by which such brcari mush be cured; reed (4} that failure to cure such breach on or before the date specified
<br />in the notice may result in accekraliua of the sums xcurcd by This Deed of Trust and sale of the Property. llte rmtke
<br />shall fuAier inform Borrower of the right to reinstate after acceleration and the right to bring a court action to ttstert
<br />the non-existence of a detente or any other defetrx of Borrower to acceleration and sale, If the breach is not cured
<br />oa or bdorc the date specified in the notice, Lender al Lenders option may declare ail of the sums secured by this Deed
<br />of Ttust l0 6e immedleldy due and payrbk without further demand and may invoke the power of Bak and any Wher remedies
<br />permitted by applicable taw. Lender shall be emitkd to collect aN reasonable costs aed expenses incurred in pursuing ibe
<br />remedies provided in this paragtapi 18, includioR, but not limited to, reasonable attorney's fees.
<br />I[ lie power d Bak is invoked, Trustee shall record a notice of detente in each county in whkh Ibe Property or some
<br />paR-tierce( is bpkd seed shall mad copies of such rtotke in the manner prescribed by applicable law to Borrower and to the
<br />other persuas prescribed by applicable law. After for (apse of such time rs may be required by applicable law, Trustee shall
<br />give puYfc aiolice of sale !o the persons and in the manrrcr prescribed by applicable law. Truster, without demand on
<br />Bnrtnrrer, shalt seB tie Properly a1 pnhiir auction to the highest bidder at the time and plan and under the terms designated
<br />in tie notice of sale in one or more parce6 and in such order as "Irostee may determine. Trustee may postpone sale of all
<br />or aqy pared of tie Property by public announeemeni at the tlmr and place of any previously scheduled sale. Lender m
<br />Lender's drsigaee. may purchase the Properly al aoy Bak.
<br />Upow tHCipl of payment of file prier bid, Trvstec sbaB deliver to the purchaser Trustee's deed conveying the Property
<br />Bald. The recitak in the Tr1Mee's deed shall 6e prima tack evidence of the truth of the stalemenls made therein. Trustee
<br />stall apply the pnoreeds of the Bak in the fdbwirpl order: fa) to aII rcasanabk ends aril expenses of the sale, including, but
<br />nW IWfed to, Trustee's fees of nW more tMa_ _ 2.9_ ._ _ _ "k of the gross Bak prier, reasoaabk attorrey's fees and rusts of
<br />~ credence; (b) to rB wins serared by this Deed o[ Trust; and (c) the excess, if any, to the person or persom IeRally entitled
<br />IR, b[rower's Rigil to Rcineeak. Nniw,thstanding (xnder's accrlrratton of the Burns secured by this Deed of Ter>st.
<br />_ Harrower shall leave the right to have any proceedings t~gun by I..erdtr to enforce this Deed of 7`rust drscnntim+ed at
<br />any limo prior to Ybe earbrr to occ~xr of (+1 the (11th day &>fore the safe of the ProprrtY Pursuant so the pow-er of sate comamed
<br />in elite Deed of Trust or (ti} entry nT a judgment enforcing this Deed of 'T'rust +f: fa) B+xrower pays C.endcr alt sums whreh would
<br />IK then due ttttder Khis Deed of '17ttst, the Nnte and rxaces sretu~ing Future Advances, +f any, had no accelrrana:n c,crurred:
<br />Tb) Borrower cotes alt brcac#tes of any other covenants of agrrentems of Itorrt?wer ccu?tair?ed ua thee t?red of l rust
<br />te) Borrawcr pays ati reasonabler expenses nrcurrcd by Lender end 'Pruste2 m en{nremg tlrr covenants and egrrcanc-ens ,rf
<br />Harrower ctNtiaxn6rf in this Deod of Tntxt and to enf~xrcing I,endcr's and Tnntrc's trmedics as provided m paragraph I7t
<br />hereof, ine'kuding, 13tx3 tvrit IuusTed tu. reasonable atttrrnry's fecv. and tdz Tk,rrnwer takes sua-h acuou as l.endet mesa reasuual,lo
<br />require to a~wxre that the ken of ;lies T,)rc+f at T-rts4 Leutfer's +ntrssst ,n the Prcpetrs~ xnd Borro-a"¢t'x obi+yatnan :o j,n.
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