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<br />9. Condemnation. The proceeds of any award or claim for damages, dire.[ 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 [his 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, [here shall be applied to the sums secured by this Deed of Tivst such proportion of the protxeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to [he 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 [he date such notice is
<br />mailed, Lender is authorized [o 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 [he monthly installments referred to in paragraphs 1 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 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 tight 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 kiens 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 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; 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. 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. Notke. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in [his 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 Borzower 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 herein or 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 the manner designated heroin.
<br />15. Uniform Deed of Trust; Governing Law; Severebility. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction [o 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 Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable taw, 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 [o 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; Asumpflon. 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, excluding (a) [he creation of a lien or encumbrance subordinate- to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to'purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust [o 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 [he 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 a[ such rate as
<br />[xnder shall request. If Lender has waived the option to 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 accelerate, Lender shall mail Borzower notice of acceleration in accordance with
<br />paragraph I4 hereof. Stich 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-Urtteoant Covenersrs. Borrower and Lender further covenant and agree as follows:
<br />I8. Accekration; Remedks, Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in Ihis Ueed of Trust, including the covenants to pay when due any sums secured by thfs Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less Than 30 days from the date /he notice is maBed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the dale specified
<br />in the notice may result in acceleration of Itre sums secured by this Ueed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after 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 acceleration and sale. If the breach is not cored
<br />on or before the dale specified in the notice, Lender al 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 by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in Ihis paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale tt invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall maB copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the perwns and in the manner prescribed by applicable taw. Trustee, without demand on
<br />Borrower, shall sell the Property a! public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of an}~ previously scheduled sale. [.ender 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 />sold. "The recitals in the Troslee's deed shall he prima facie evidence of the truth of the statements made thereto. Trustee
<br />shall apply the proceeds of the sale N the followitrg order: (a) [o a6 reasonable costs and expenses of the sale, including, bnt
<br />not limited to, Trustee's fees of not more than Yz of t°k of fire gross sale price, reasonable attorne}'s tees and costs of tide evidence;
<br />(h) to all sums secured by this IJred of Trust and (c) /hc excess, if any, to the person nr perwns legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration nl the sums secured by [his Deed of Trust,
<br />Borrower shall have the right to have an}' proceedings begun by i.ender to enforce this Deed of Taut discomimied at
<br />any time prior to the earlier to occur of (i} the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if- (a) Borrower pays Lender alt sums which would
<br />be then due under this Decd of Trust, the Note and notes securing Future Advances, if any, had nc. acceleration occurred:
<br />(b) Borrower cures a1I breaches of any other covenants nr agreements of Bormwet contained m this Decd of Trcra:
<br />ic) Borrower pays all reasonable expenses incurred by l..ender and Tnutee in eofiucing the covenants and agreements of
<br />Borrower contained in this Decd of "trust and in enforcing Lender's and Trustee's remedies as pros°ided m paragraph t ft
<br />hereof, including, but not hmiicd to, reasonable attorney's fees; and {d[ Borrower takes such acuon as i.onder ma} reasonahh
<br />require is assure that the lien of this Dead of "fruit,"tender's interest in the Propcny and Borrower's obligation to pa}
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