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<br />9. Condemnation. The proceeds of any award or claim for ~amages, 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 evenl of a tolaltaking of Ihe Propeny, lhe proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, if any . to Borrower. In the event of a partial taking of the Property, unless Borrower and ,-ender
<br />otherwise agree in' shall be applied to the sums secured by Ihis Deed of Trust such proponion of lhe' proceeds
<br />as is equal 10 that propo hich the amount of the sums secured by lhis Deed of Trust immediately prior to Ihe dale of
<br />taking bears 10 lhe fair markel value of Ihe Property immedialely prior to Ihe date of taking, wilh Ihe 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 m_~e
<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 />Propeny or to the sums secured by ~his 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. BolTOwer 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, rele8:se, in any manner.
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be requl_red 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.
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<br /> remeay.
<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. All remedies provided in this Deed of Trust are distinct and cumulative to any other- nght
<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 .nd Assigas Bound; Joint and Several Liability; Captions. The covenants and agreements _ herem
<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 the provisions hereof. .
<br />14. Notice. Except for any notice re~uired 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 Propertv 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 Tmst; Governing Law; Sevenbility. 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 lhe law of the jiJfisdiction 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 afe declared to be severable.
<br />16. Bwrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer 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 consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase mont:y security ip,terest for household appliances. (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenam or (d) the grant of any leasehold interest of three years or Jess
<br />not containing an option to purchase. Lender rr-ay, 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 10 accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is [0 be sold or transferred reach agreement in wr;ti 'g that the credit of such persoll
<br />is satisfactory to lender and that the interest payable on the sun ~ secured by this Deed of Trust shall be at such rate as
<br />Lender S&-:1I request. If Lender has waived the oplion 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 />ali obligations uo<k: this Deed of Trust and Ihe 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 notke is mailed within
<br />which Borrower may pay the sums declared duc. If Borrower fails I.f'! 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 1 g hereof.
<br />NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower.3 breach of any covenant or
<br />agreement of Borrowtr in tbis Deed of Trusl, including the covenants to pAl' wMn due any sums secured by this Deed
<br />of Trust, Leader prior 10 acceleralion shall mail nOlice 10 Borrower as provided in paragraph 14 hereof specifying: (1) Ihe
<br />breach; (2) the aclioa required 10 cure such hreach; (3) a dale, nol less lhan 30 days from Ihe dale Ihe nolice is mailed 10
<br />Borrower, by wbich such breach must be- cured; and (4) th.. failure to cure such breach on or before the date specified
<br />in Ihe notice may resuU in acceleration of Ihe sums secured by Ihis Deed of Trust and sale of Ihe Properly. The notice
<br />shall further inform Borrower of Ihe righl 10 reinslale afler acceleraUoo and the right to bring a court action to assert
<br />the oon.existence of a delaull or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date sp<<med in lhe notice,. Lender at Lender's option may declare all of the sums secured b)' this Deed
<br />of 'Trust to be- immedialely due and payable without further demand and may invoke the power of sale and an)' other remedies
<br />permitted by applicable- law. Lender shall be: entitled 10 collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in tbis paragraph J 8, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Truslee shall recor~ a notice of default 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 .nd to the
<br />other persnas prescrihed by applicable law. Afler Ihe lapse of su,'h lime as may be required by applicable law, Trustee shall
<br />give public notke of sale to the persons and in the manner prescribed by applicable law. Trustee, wilhout demand on
<br />Borrower, shall seD the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />la' the ~e of' SIde in '"loe or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />Of any parcel of the Property by public announcemenl at the time and place of any previously scheduled sale. Lender or
<br />Leader's deoigaee may purch....lhe Propeny al any sale.
<br />Upon ~eipt of payment of the price bid, Trustee shall delher to the purchaser Trustee's deed conveying the Propeny
<br />sold~ TIle re~itaIs in the- Trustee's deed shall be prima facie evidence of Ihe truth of the statements made therein. Trustee
<br />shaoII apply Ihe proceeds of Ibe sale in Ihe following order: (a) 10 al/ reasonable costs and expenses of Ihe sale, including, bul
<br />not I1R1ited, to, Trustft's fees of not more than_.l..... Q _. _ _ ._ % of the gross sale price, reasonable aUorney's fees and cosls of
<br />IlIIe evidence; fb) 10 all swns secured by Ibis Deed of Trust; and (c) Ihe excess, if any, 10 Ihe persoa or persons legally entitled
<br />llleleto.
<br />19.. Borrower's R.ight to Reinstate. Notwithstanding Lender's acceleration of the slims s.ecured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of TruSl discontinued at
<br />~y ,~ime prior to the eax~!er to occur ,of (i) the fihh day bef~rt' the sale of th~ Property pursuant to the power of sale conlained
<br />In lhl$. Deed of Trust ?r(u) entry of a Judgment cl1forcmg: thJS Deed of Trllsllf: (a) Borrower pays Lender all sums which would
<br />be then due under thIS- ~cd of Trust, the Note and notes .securing Future Advances, if any, had no acceleration occurred~
<br />(b) Borrowcr cures all bre.aches of any other covenants or agreements of Borrower contained in this Deed 1.)( Trust;
<br />($;) ,Borrower pays all reasonable c-:'(penses incurred by tender and Trustee in enforcing the (:t)\'l'llanls and agreements of
<br />Borrowe-r contained in_ this De~d of Trust and in enforcing Lender's and Trustee"s remedies as. provided in paragraph 1 R
<br />h-e~f1 iucludJIl3. but not Ji~ited to, .reasonable aHorncy'_s fees; and Cd) B~rrower takes s.u~h action as Lender may reasonably
<br />f'Cqmre 10 usure that the hen of thIS Deed of Trust, Lender.'s interest If) the Properl,y and B()rruwcr's obligation 10 pay
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