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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemDatioD or other taking of the Property, or parI thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to LeDder.
<br />ID 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, uDless Borrower and Lender
<br />otherwise agree in writing, tbere 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 />takiDg 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 10 the sums secured by this Deed of Trust.
<br />UDless Lender aDd Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the mODthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installmeDts.
<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 maDner,
<br />the liability of the original Borrower and Borrower's successors in interest. 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 by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />II. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicahle 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 />1%. 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 cODcurrently, independently or
<br />successively.
<br />13. Successors and Assigns BoDnd; Joint aDd Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, aDd the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to tbe provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall he 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 defiDe the provisions hereof.
<br />14. Nollee. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for iD 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 />(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 herein.
<br />15. Uniform Deed of Trust; Governing Law; 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. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />In tbe event that any provision or clause of this Deed of Trust or the Note contlicts with applicable law. such contlict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the contlicting provision.
<br />and to tbis end the provisions of \Jle 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 al the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. IrioU <1r any l2arl of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. excluding (a) the 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 hy 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 conlaining 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 sball have waived such option to accelerate if, prior to Ihe sale or transfer, Lender
<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 tbat the interest payable on the sums sccured by this Deed of Trust shall be at such rate as
<br />Lender 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 exereises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Sucb nolice 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.
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<br />NON-UNtFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleralion; Remedies. Except as provided in paragraph 17 he......f, upon Borrower's hreach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenunts to pay when due any. sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; f2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be cured: and (4) that failure to cllre sllch breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured hy Ihis Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrow'er of the right to reinstate after acceleration and the right to hring 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 cured
<br />on or before the date speci6ed in the notice, Lender at Lender's option may declare all of the sums secured by this need
<br />of Trust to he immediately due and payable without further demand and may iny'oke 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 this paragraph 18, includilllt, but not limited to, reasonable attoroey's fees.
<br />if the power of sale is invoked, Trustee sbatl record a notice of default in each county in wbieh the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other pe~ns prescribed by applicable law. After Ihe lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the pe~ns and in the manner prescribed hy applicable law. Trustee, without demand on
<br />Borrower, shall seD tbe Property at Pllblic auction to the highest bidder at t!le 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 any previously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at 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 Trustee's deed shaD be prima facie ev'ideuce of Ihe truth of Ihe statements made therein. Trustee
<br />shaD apply Ibe proceeds of the sale in the funowing order: (al to an reasonable costs and expenses of Ihe sale, including, but
<br />not limited to, Trustee's fees of not mure than IIz of 1% of the gross sale price, reasonable attorne)"'s fees and costs of title evidenn';
<br />(b) to all sumsseeured by this Deed of Tnrst; and (c) the excess, if any, to the per-soll or persons legally entitled thereto.
<br />19, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of Ihe sums secured by this Deed "f Trml.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trusl discontInued at
<br />any time prior to the earlier 10 occur of (i) the fifth day before the sale of the Property pursuant to the power of sale comained
<br />. in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which Wllllld
<br />be then due under this Deed of Trust. the Note and notes ~ecllring Future Advances. if any, had no accck~r~Hi('1n o(':l:urn:J;
<br />(b) BorrOWer cures all breaches of any other covenants or agreements of Borrower contained in thi, Deed of Trust:
<br />(c) Borrower pays' aU reasonable c:<penscs incurred by Lender and Trustee in enforcing the cov(.'nants and agreements ,)f
<br />Borrower contained in this Deed of Trus.t and in enforcing Lender's and Truslec's remedIC"s as provided In paragraph 1 X
<br />hereof. including, but not Hmite:d to, reasonahle ~~ttorncy"s, fees; and (d) Borrower lakcs \lKh action as Lender may n:a_~C1nilhl~
<br />require to assufe that the lien of this Deed of Trus.t. Lender's jntcrc~t in !he Pfopcrry and BOfff.-,v,-er', \lhligatil.1I1 hi P;ly
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