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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 tbe 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 tbe 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 ':0 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 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 />10. Borrower Not Rele_d. 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 not be. required to commence
<br />proceedings against sucb 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 />otberwise 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 tbe 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 to be used to
<br />interpret or define tbe 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 otber address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given hy certified mail. return receipt requested. to Lcnder'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 herein.
<br />15, Uaifonn need of Trust: Governing Law; Senrabllit).. This form of deed of trust comhines uniform covenants for
<br />national use and non-uniform covenants with limited variations hy jurisdiction to 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 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 fumished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Tnmsfer of the PropeIty; Assmnptillno If..,lI or.any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender1s prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (h) tbe creation of a purcilase.money security interest for housebold appliances. (c) a transfer by devise.
<br />descent or by operation of law upon the death Of a joinltenam or (d) tbe gram 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 to 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 the Property is to be sold or transferred reach agreemem 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 rale as
<br />Lender shall request. If Lender has waived the option to acceierate provided in tbis paragraph 17, and if Borrower's successor
<br />in interest has executed a wrillen assumption agreement accepted lfl wTIling by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender cxercjses such option to accelerate, Lender shall mall Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Sucb notice shall provide a period of not less than .10 days from the date the notice is mailed witbin
<br />which Borrower mal' pay the sums declared due. If Borrower fa tis to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand 011 Borrower, in yoke allY remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. ":xeept as provided in pal'llllraph 17 herenf, upon BOI rower's breach of any covenant or
<br />lIlIreement of Borrower in Ihis need of Trust, ineludilljl the covenants to pa) wben due any sums secured by this Deed
<br />of Trust, Lender prior tn acceleration shall mail ""tiee to Borrower as provided in paragraph 14 bereof specifyinll: (I) the
<br />breach; (2) Ihe action required to cure such breach: (3) a date, not less than 30 days from the date Ihe notiee is mailed In
<br />Borrower. by which such breach must be <'Ured: and (4) that failure to cllre such breach on or before the date specified
<br />in the notice may result in acceleration of the sums se<'Ured by this need of Trust and sale of the Property. The notiee
<br />shall further inform Borrower of the right to reinstate after acceleration and the rillht to brinll a court aetiol! 10 assert
<br />the ""n-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in tbe notice, Lender at Lender's option may declare aU of the sums secured by this need
<br />of Trust to be immediately due and pay'able without further demand and may inmke the puwer of sale and any other remedies
<br />pennitted by applicable law. Lender shall be entided to collect all reasonable costs and expenses incurred ill pursuing the
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable attorneJ's fees.
<br />If the power of sale is inmked, Trustee shall record a nolice of default in each county in wbich Ihe Propert). or sOllle
<br />part Ihereof is located and shall mail copies of such notice in Ibe manner prescribed bJ applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such lime as lIlay be required by appllcable law, Trustee shall
<br />give public notice of sale to lhe persons and in the manner prescribed b) applicable law. Trustee, without demand on
<br />Borrower, shall sell Ibe Property at public auction to the hillhest bidder at the time and place and under the terms designated
<br />in the notice of sale in ODe or more parcels and in sllch order as Trostee may determine. Trustee may postpone sale of all
<br />or any parcel of tbe Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upun r\lOOpt of payment of the price bid, Trustee shaU deliver to the purchaser Truslee's deed t'Onveying the Propert)
<br />SQld. The recitals in the Trostee's deed shall be prima facie evident'" of the trutb of tbe statemenls made thereiu, Trllstt..
<br />shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of Ihe sale, includinllo but
<br />not limited to, Trustee's fees of nut more than \'i of 1% of the gross sale price, reasonable attorney's fees alld costs of tille e,'idenee:
<br />(b) to aUS\UDS secured by this Deed of TriiSl; and te) the excess, ifany, to the person or persons legally entilled thereto.
<br />19, BorrDwer's Rigbt 10 Reinstate. Notwithslanding Lender's acceleration of the sums secured by 1111s Deed of Tn"t.
<br />Borrower shall have lhe right to have any proceedings begun by Lender 10 enforce this Deed of Trust discontinued at
<br />any time prior to tbe earlier 10 occur of (i) the fiflh day before Ihe sale of the Property pursuant 10 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 Lellder "II sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances. if any. had no acceleTllIo"n occurred;
<br />(b) Borrower cures all breachl'S of any other covenants or agreements of BorrowCl contained In this Deed of Trust:
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the coycnants and agreemcnts of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trll,tee's remedies as provided in paragraph IX
<br />hereof, including, but nOt limited to. reasonable attorney's fees; and (d) Borrower takes such action as Lender may feaSllnably
<br />require to assure that the lien of this Deed of Trust. Lender's interest in the Property and Borrower's obligatilm to pa)
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