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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 of a total taking of the Property. the proceeds shall he 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 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 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 Released. Extension of the lime for payment or modificalion of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Horrower shall not operale to release, in any manner,
<br />the liahility of the original Borrower and Borrower's successors in interest. Lender shall not be. required 10 commence
<br />proceedings against such successor or refuse !O 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 \Vah'er. 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 <;hall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness 'iecured hy this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in !hls Deed of Tnlst ;Ice 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 />]3. Successors and Assigns Bound; Joint and Several Liabilit}'; Captions. The covenants and agreements herein
<br />contained shall hmd, and the rights hereunder ,hall inure 10. 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 nor 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 Propert}' 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 />IS. Uniform Deed of Trust; Governing law; Se,'erability. 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 he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any proyisK>n.or-clause'of t'his peed of Trust l1r the Note conflicts with applicable law, such conflict shall
<br />not affect other p~on~-'ltI:Jis.4f)~ of TraStlor lhe Note which can be given effect without the conflicting provision,
<br />and to this end the pr4;t1:isionS:i9f 'lbe~D_~d- of__Trust and the Note are declared to be severable.
<br />16. Borrower's ~PJ'i,..BorroW5sh84n1e"frfrnisbed a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after r~rdatton bereof:- -
<br />17. Transfer of the Property; Assumption. If all or any part of the 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 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 to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender
<br />ano the person to whomJhe Property is to be sold or transferred reach agreemenl 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 obligations under thi::; Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender ~hall 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 to the expiration of such period.
<br />Lender may, without further nmice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNifORM COVENANTS. Borrower ~lOd lender further covenant and agree as follows;
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borroft'ers breach of any covenant or
<br />agreement of Borrower in this Oeed ot" Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail nolice 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 the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) thai failure to 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 Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right (0 brinK 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 dale specified in the notice, Lender at Lender's option may declare aU of the sums secured by this Deed
<br />of Trust to be immediately due and payable without further demand and lDay invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to collec. aU reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, includin~, but not limited to, reasonable aUomey's fees.
<br />If the power or sale is invoked, Trustee shall record a no'ice of default in each county in whkh the Property or some
<br />pan: thereof is located and shall mail 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 persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shell sell the Property at pubtic auclion to the hiJthest 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 delermine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any prel'iously 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 10 the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sale in the followi~ order: (a) to aU reasonable costs and expenses of fhe sale, including, but
<br />not limited to, Trustee's fees of not more than 3k of 1 % of the gross sale price, rea.~nable aUomey~s fees and costs of
<br />title evidence; (b) to all sums secured by this Dee~ of Trust; and (e) the excess, if any, to the person or persons I~ally entitled
<br />I_mo.
<br />t9. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by rhis Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discol\tinue~ 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 contamed
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Dee~ of Trust if: (a) Borrower pays Lender all sums. which would
<br />be then due under thiS Deed of Trust, the Note and noles securing Future Advances, If any, had no acceleration occurred:
<br />(b) Borrower cure", all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust:
<br />(c) Borrower pays aU reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agrecme:nrs of
<br />Borrower contained in this f?ced of Trust amI in enforcing Lender's and Trustee's remedies <is provided in paragraph J ~
<br />hercor. including, but not limited to. reasonable attorney'" fees; and (d) Borrower lakes such aClion as Lender may reasonably
<br />require to assure that lhe hen of this Deed of Trust, Lender's interest In the Properly and Borrower'.; obligation to pay
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