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<br />9. Condemnation. The proceeds 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 Lender.
<br />in the event oi a-totai taking -of the Property, the proceeds shaH be appiied to the sums secured by this Deed of Trust.
<br />wilh Ihe excess, if any, paid 10 Borrower. In Ihe evenl of a partial laking of Ihe Properly, unless Borrower and Lender
<br />otherwise agree in wriling, Ihere shall be applied to Ihe sums secured by this Deed of Trust such proportion of Ihe proceeds
<br />as is equal 10 that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />laking bears to the fair market value of the Property immediately prior to the date of taking. wilh the balance of the proceeds
<br />paid toBorrower.
<br />Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oilers to make
<br />an award or settle a claim for damages, Borrower fails 10 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 Ihe
<br />Property or to the sums secured by this Deed of Trust.
<br />Unles."i 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 />) o. 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 inreresl. 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 hy this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />1-1. 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 the maturity of the indebtedness secured by this Deed of Trust.
<br />J2. 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 he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Uability; Captions. The covenants and agreements herein
<br />contained shall bind. and the rights hereunder shalf inure to. the respective successors and assigns of Lender and Borrower,
<br />s-ubject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt 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 gtven hy mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate hy notice to Lender as provided herein. and
<br />(b) an}' notice to Lender shall be given by certified mail. relurn receipt requested. 10 Lender's address stated herein or 10
<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 herein.
<br />15. Uniform need of Trust; Governing taw; 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. TIlls Deed of Trust ,hall be governed hy Ihe law of the jurisdiction in which the Properly is located.
<br />In tbe event that any provision or clause of thIS Deed of Trust or the Nole conllicls with applicable law, such conmct shall
<br />not affect other provlsions of this Deed of Trust or the Note which can he given effect without Ihe conflicting provision,
<br />and tn this end the provisions of the Deed of Trust and the Nole are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnIShed a conformed copy of thc Nole and of Ihis Deed of Trtlst at the time
<br />of execulion or after recordalion hereof.
<br />17. Tl1UISfer of the Property; A...umplion. If all or any part of tbe Property or an interest therein is sold or transferred
<br />hy Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinale to
<br />this Deed of Trus.t. (b) the creation of a purchase money set:urity interest for hou:)c:hoJd appliances, (e) a transfer by devise,
<br />descenl or by operation of law upon the death of a 10101 tenanl or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase. Lender may, .If Lender'~ oplion, declare all the sums secured by this Deed of Trust to be
<br />immediate!y due and payable. Lender shaH have waived such option to accelerate if, prior 10 the sale or transfer, lender
<br />and the person to whomJhe Property is 10 be sold or transferred reach agreemcm in writing that the credit of such person
<br />is salisfactory 10 Lender and thai tbe inleresl payable on the sums s""tlred by this Deed of Trust shall be at such rate as
<br />Lender shall requesl. If Lender has waived lhe oplion 10 accelerate provided in Ihis paragraph 17. and if Borrower's successor
<br />in interest has executed a written assumplion agreement accepted in writing hy Lender, lender shall release Borrower from
<br />all obligations under this Deed of Trust and Ihe NOle.
<br />If Lender exercises such option to accelerate. Lender sh~lil mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereoL Such noltce shall provide a period of 1101 Icss Ihan 30 days from Ihe dale the notice is mailed within
<br />which Borrower may pay lhe sums ded;ued due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may. without furtber nOlice or demand on Borrower, invoke any remedies permined by paragraph 18 hereof.
<br />NON~UNJFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18, AceeleralioD; Remedies. Exeepl lIS provided in paragraph 17 hereof, upon Borrower's breach of any cov.nanl or
<br />>>a_menl of Bo.....wer In this Deed of Trusl. including the covenaDIs to pay when due any sums secured by this Deed
<br />of Trusl, u,nder prior to acceleration shall mailnodc. 10 Borrower as provided In paragrapb 14 h.r.of specifying: (I) Ih.
<br />breach; (2) Ihe action required to cure such breach; (3) a dale, nnl less than 30 days from lb. date the notice Is mailed 10
<br />Borrower, by which sucb breach musl be cured; and (4) thaI failure 10 cure sucb breach on or before Ihe dale specified
<br />In the nome may r""oIl ill accelerallon of tbe sums secur.d by Ihls Deed of TrusI and sale of lhe Property. The notice
<br />shall further Inform Borrower of lbe riJlbl to reinstal. afler acceleration and th. riJlhllo brin& a court action to assert
<br />lhe. oon-ex....nce of a default or any nlher defense of Borrower to accelerallon and saI.. If Ihe breaeb is not cured
<br />on or hefore lhe date specified In lhe notice, lender al lender's option may declare aU of lhe sums secured by Ihis Deed
<br />of. Trusl to be Immedlal.ly dOle and payable wllbonl further demand and may Invoke lhe power of sale and any oIber remedi""
<br />permitled by apttIicable law. lender sbaII be enlilled 10 colleel all """"nable costs and expenses Ineurred in pursuing the
<br />r_edles provided In Ibis paragraph 18, IncJlldlar:. bvI nol limited 10, reasonable attorney's fees.
<br />If Ibe power of saJe is Invoked, Truslee sball ftcord a notice. of defauIl in eacb county In wblcb Ihe Property or some
<br />part lhereof is located and shall mail ""ples of sucb nolice In lhe manuer prescribed by applicable law 10 Borrower and 10 Ihe
<br />olher persons prescribed by applicahle law. Aller the lapse of such time as may be required by applicable law. Truslee shall
<br />Klve pltblic notice of sale to lhe pe....... and in.lbe manner prescribed by applicable law. Trusl... wltMul demand on
<br />Borrower, sh..llulllhe Property at public ..uerlon to fhe highest bidder allhe lime and place and under Ihe I.rms designaled
<br />llIlhe noIl<< of sale In one or _re parcels and In sueb order lIS Truslee may delermlne. Truslee may postpone sale of all
<br />or ,""y pl!I'ceI of lhe Property by p",blle annouoremenl aI tb. lime and plac. of any previously scheduled sale. I..nder or
<br />Le~.r's de$ipee. may pure. Ibe I'n1perfy al any sale,
<br />VponreceJpl of payment of lhe price bid, Truslee shall dellv.r to lhe purehaser Trustee's deed cOllveying tb. Property
<br />soitl,TMreci!aJs in lhe Truslee's cJ.ed. sball be priOlll fad. .videnee of Ibe lrolh of the Slat.m.nts made therein, TrusI.e
<br />...... apply lhe. proceeds of lb. sale. in IhefolJowlni order: (a) 10 all reasonable costs and expeMe!' of Ihe sal., IncludIng. bul
<br />lIOI~ to, TfU$fee'llfees of nofmore than 31" qf 1 % of fhe Ilr- sale price, reasonable allomey's f.... and costs of
<br />tttlee.<ldell<<; (b) to all so.. IIfcored hy fhh D;;'J of Tn...; and Ic) the excess, If any, 10 Ihe person or persons legally enlill.d
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<br />r~ Iorrower'. _iglll to Relnslale. Notwithstanding Lender's acceleralion of the sums securcd by this Deed of Trust.
<br />Borrowershallltave the tlghtlo have any proceedings begunby Lender to enforce this Deed of Trust discontinued at
<br />all)' lime. prior t(J Ihe earl<<1rlO occur Of (i) theflfth day before lhe sale of Ihe Pr(lpetty purslUlnllo the power of sale contained
<br />in:thls~ of Trost <>>: (il) ent~ of a Judgmentenfordng this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />bell\endue \Jndetthi.~d of Tn..I, the Nnle and nol.. securing Fulure Advances, if an}', had no accelemlion occurred:
<br />(b).IJ,,{f<;wer cures tilJ~bes of anyorl>er covlmants or agreements of Borrower conlained III Ihis Deed of Trust;
<br />(c) Borrower pays 'all reMOOabk espen... lncurred by Lender and Trustee in enforcing tbe coVenanl. and agreement. of
<br />~rrowcr. c<!tltallled in Ihis Deed of Trust and in enforcing Lender's .1Id TruSlec', remedies as provided in paragraph IS
<br />tt~f. t-Pc-tlu11n,. but not fimic'Cd JO~ r-ea$Onabt~-attorney) (efl; and (d) 80rrvwer take~ such :lction M LendH ":!~y ,re-its...if1.abi)<
<br />~qtl,.rn &0 assuf't that the J~n of Utili Deed of Trwtt. tende-r~'i hHe~t 'f! the Property anu Borf(~we.r's obhg.aHOil to pay
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