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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, arc hereby assigned
<br />and sball he paid to Lender.
<br />In the event of a total taking of Ihe 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 sball he 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 10 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 olIers 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 />~~chi~IIc:n~hoets~ue date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />to. 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 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 />tt. 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 />12. Remedies Cumulative. An remedies provided in this Deed of Tmst 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 right:; 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 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 provjded 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 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 lime
<br />of execution or after recordation hereof.
<br />17. Traosfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written coosent, 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 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 aU the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate jf. 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 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 obligalions under Ihis Deed of Trusl and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 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 10 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-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Rrmeodies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />acreement of Borrower in this Deed of Trust, including the em'enants to pay when due Bny sums secured by this Deed
<br />of Trust, l.ender prior to acceleration shall mail notice to Borrower as prO\'ided 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 the notice is mailed to
<br />Borrower, by which such breach must be ('ured: and (4) thai failure 10 cure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Propen)', The notice
<br />shaU further inform Borrower of the right to reinstate after acceleralion and the right to bring a court action to asser1
<br />the non..existence of a default or BnJ other defense of Borrower to acceleration and sale, If the breach is not cured
<br />on or before the date specified in the notice, Lender at I.,ender's option may declare aU of the sums secured by thi... DeW.
<br />of TrlLSt to be immediately due and payable "'ithout furiher demand and may invoke the power of sale and any other remedies
<br />pennitted by applicable law. Lender shall be entitled to coiled all reasonable coses and expenses incurred in pursuing the
<br />remedies pro'dded in this paragraph 18, includinR. but not limited to, reasonable attorney's fees.
<br />If the power of sale is in,'oked, Trustee shaD record a notice of defauJc in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law 10 Borrower and to the
<br />other penons prescribed by applicable law. After the lapse of such time as ma}' be required b)' applicable law. Trustee shall
<br />give public notice of saJe (0 Ihe persons and in the manntr prescribed b) applicable law, Trustee, without demand on
<br />Borrower, sball sell the Propert)' at public auction to the highest bidder at the time and place and under the terms designaled
<br />in rhe notice of sale in one or more parcels and in such order as Trustee ma)' determine. Trustee mal postpone sale of nil
<br />or any p.rctl of the Property b, public announcement at (he time and place of any previously scheduled sale, I.coder or
<br />Lende.... designee may pnrcbase tbe Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Propt'rt)
<br />'SOld. Tbto recitals in the Trustee's dttd shall be pdma facie e"ident."t' or the truth of the statements made therein. Trush,'C
<br />daaU apply the procet.>(1fi of the sale in tbe following order: (3.) to aU reasonuble c.'osb and expenses of the sale, induding, but
<br />not limited to. TnL~'s fees of not mure UUID % of 1% of the gross sale price, reasonable altorue)"s fees and costs of title e'ridenCl';
<br />(b) to aU SUJ1t.liS<<Ured bv this Deed of Trust. and te) the ex('C5.S, ifanYt to the person or persons legall) entitled th~reto,
<br />19. 8orrowe~s Ri&ht to Reinstate. NotwithMunding LC'ndcr's acceleration of thl: Sllm~ sC'l.'ured by this Deed of Tr\l"L
<br />Borrower s-~all h~vt' the_ right to have any proceeding'!. begun by Lender to enfor"~c this Deed of Tru!';t dis~ontinued at
<br />ilny time pt10r to t.he earher lO occur (If 0) the fihh day before the sale of the ProperlY pursuant t;;,l the power of sale conralne-d
<br />In this Deed of Truf;{ or (ii) entry of a judgment enforcing this Deed of Trust if: {ai Borrower pay" 1. coder all :SUOl'\ whiJ:h WOllld
<br />he then.. due under thIS Deed ('I-f Trust, the Note ilf'ld notes set.:uring Future Advan,cs, if any, had no an:elcrarion oCL'urrcd:
<br />(h) Borrower -cur-:e-s all breaches of any other covenants or ag:reement~ of Borrowel containcd in [oi.. ()~cd Df Tru"t.
<br />((:) _Borrower pa__y-'i af~ rea:IDnable cxpeni!C'S incu~rt:d by l.ender -and Trl1:Hec in enforcing t~-c covtnan.t' and agr!:cmtnts of
<br />8\)rn:w..er cooliuned' 10 1his Deed of Tru~t and In enfon::ing Lender's, and Tru.<;.tcc's remedIes as pro\'h.kd In p:lf:tgf<iph IS
<br />httcot im:1udtfii' but not hmited to. re-as.onllbk a.ttorney.... fce~: and (d) Borrower t.ake!> \u;.:h a\.~li(\l1 llS Lt'ndcr In;!\" rC;I..pn:tbl~
<br />re-qwre to !tn-un; ftull the lien of thi~ !ked of Trust. Lender\; intcrc'\t lfl lhe Propa!y .wd R{lfH'lwt'r\ f~r.figMHm in p.i)
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