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<br />9. Condemnalioo. The proceeds of any award or claim for damages. direct or consequential, in connecfinn 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, 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 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 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 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 [o 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 Rekased. Extension nt 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 release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall no[ 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 Not 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 [he maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in thrs Deed of Ttvst are distinct and cumulative to any other right
<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. Successors and Assigns Bound; Joint and Several Liability; Captiorrs. 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. 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 [o 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 at such other address as Borrower may designate by notice to Lender as provided herein, and-
<br />(6) any notice to Lender shat! be given by certified mail, return receipt requested, to Lender's address stated herein>ror -to.
<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 [he manner-designated herein:
<br />15. Uniform Deed of Trust; Governirtg Law; Severability. This form of deed of trust combines uniform covenautsrfor
<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 be governed by the law of the jurisdiction in which the Properly 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 be 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 />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and. of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumplfon. If aII or any pan of the Property or an interest therein is-sold: or transfsrred-
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrancesubordinale_ta
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer bydeyise,~-
<br />descent or by operation of law upon the death of a join tenant or (d) the grant of any leasehold-interest of three years:orle§s-
<br />not containing an option to purchase, Lender may, at 1_ender s option, declare all 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 thesale-ortransfer, Cendee
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the-.credit of such person-
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall regcest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers-successor
<br />in interest has executed a written assumption agreement accepted in writing 6y Lender, Lender shall release-:Borrower froth- .
<br />all obligations under this Deed of Trust and the Note. -
<br />If Lender exercises such option to accelerate, 1_ender shall mail Borrower notice of acceleration in accordance. with
<br />paragraph I4 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 to the expiration of such period;
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN•Ur+troxm CovertnNrs. Borrower and Lender further covenant and agree as follows:
<br />1S. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of say covenaat "or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by,ahis Deed
<br />of Trust, Lender prior to acceleration shall mail notice fo Borrower as provided in paragraph 14 hereof specifyiogq ,(1) the
<br />breach; (2) the action required to cure such breach; (3) a dale, not less than 30 days from the date the rrotiee.fs-mailed'~to
<br />Borrower, by which such breach must be cured; and (4) That failure fo cure such breach on or before:.the dale specified
<br />in [he notice may result in acceleration of the sums secured by IhLc Deed of Trust and- sale o[ tbe Property. The-notice
<br />shall further inform Borrower of the right to reinstate aNer acceleration and [he r~hf to bring. a court action to assert
<br />the non-existence of a deiauh or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on ur before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed.
<br />of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted Dy appficabk law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph IS, including, but not limited lo, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part (hereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and Co the
<br />other persons prescribed by applicable law. After the lapse of such time as may be required 6y applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trusteq without demand on
<br />Borrower, shall sell the Property al public auction fo the highest bidder at the time and place and under the terms designated
<br />in the rrotice of sale in one or more parcels and in such order as Trustee may determine. Trustee may poslpoue sale of all
<br />or say parcel of the Property by public announcement al the limernd placr of any previously scheduled sak. Lender or
<br />Lender's designee may purchase the Property al any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />soW. Tke recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shall apply [M proceeds of the sak in the followinP order. (a) to all reasonable costs and expenses of the sale, including, but
<br />[tot limited to, Trustee's fees of not more lhan_1 ~ ti _ ._ _ __~ of [he gross sale price, reasonable attomey's fees and costs of
<br />title evidence; {b) to all sums secured by this Ueed o[ Tnul; and (c) the excess, if any, Io the person or persons legally enfilled
<br />lbereta
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shalt have the right to have any proceedings begun by i_ender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sate of the Property pursuant m the power of sale contained
<br />m this Deed o(Tnrs{ or (i) entry of a judgment enforcing this Deed of '[rust if: (al Borrower pays (.ender aIl sums which would
<br />be then due under this Deed of "frost, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />(b) $orrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of TrusC
<br />(c) Borrower pays all rt:asanable cepcoscs mrurrcd by Lender and Tni>lee in enforang the covenants and agreements of
<br />Horruwer contained in this DeeJ of Trust and m enforcing Lender's and Trustee"s remedies ns provided in paragraph 15
<br />hereof, including, but not limited to, reasonable attorney's fact, and (d) Horrower takes such aeon[. as Gender may rrnonahiy
<br />require In assure that the hen o! this Deed of 'I"nut, I_endrr's interest m the Property and t3an"uwcr's obligation to pay
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