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<br />9. Coacletnnation. The proceeds. of any award or claim for damages. direct or consequential. in connection with any
<br />condemnation or otber taking of the Property. or part thereof, or for conveyance in lieu of condemnation. arc hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of Ihe Property. lhe 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 th~ Property, unless Borrower an~ -Lende."
<br />otherwise agree in wriling. there shall be applied 10 the sums secured by Ihis 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 10 Dortower.
<br />II 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 10 respond (0 Lender within 30 days after the date such- notice is
<br />mailed. Lender is authorized 10 collect and apply the proceeds. at Lender's oplion. either 10 restoration or repair of the
<br />Property or 10 the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shan not extend
<br />or postpone the due date of the monthly instaUments referred to in paragraphs I and 2 hereof or change the' amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amonizalion of the -sums secured
<br />by this Deed of Trust granted by Lender to any succ:cssor in interest of Borrower shall not operate to.relea.se. in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender. shall n~)t be req.uIr~d to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modIfy amortlzahon of t~e sums
<br />secured by this Deed of Trust by reason of any demand made by the original ~orrow~r .and Bor~ower's successors in Interest.
<br />11., Forbeal1lm:e: by Lender Not a Waivet. Any forbearance by Lender to exerclsm~ 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 ri~ht or remed~.
<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 Trusr are distinct and cumulative to any other nght
<br />or remedy under this Deed: of Trust or atforded by iaw or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors aad Assigu Bound; Joint and Se"'Y~ral LiabUl~J; 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 rhe provisions of paragraph 17 hereof. All covenants and agreements o~ Borrower shaH be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for conveOlence only and are not to be used to
<br />interpret or define tbe provisions hereof.
<br />14. Notice. Except for any notke required un~er applica~le law 10 be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be gtven by mailing such notice by certified mail addressed to Borrower at
<br />th.e Property Address or at such o:her address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shalt be given by certified mail. return receipt requested. to Lender's address stated herein or to
<br />such other address as Lender may designate bv notice to Borrower as provided herein, Any notice provided for in this
<br />Deed of Trust shaH bt deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Unifonn Dft'd of Trust; GoftrniDg Law; SeventbiJity. This form of deed of trust cllmbines uniform covenants for
<br />11ational use and non-unifonn covenants with limited vanalions by jurisdiction to constitute a uniform security instrument
<br />covering real propeny. This Deed of Trust shall be governt'd 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 I..'onfiicts with applicable law, such conflict shall
<br />not affect other provisions of Ihis Deed of Trust or the Note which can he given effect withour the conflicting provjsion.
<br />and to tbis end the: provisiOns oi the Deed of Trust and the Note are declared to be severable.
<br />16. Bonowti"'s Copy. Borrower shall be turmshed a conformed copy of the Note and of this Deed of Tl .Jst at the time
<br />of execution or after recordation hereof.
<br />17. Traasfer of the Property; Al8umption. If aU or an, part of the Property or an interest therein is sold or transferred
<br />by Borr-ower without Lender's prior wntten consent. c),.cluding fa) the creation of a lien or encumbrance subordinate to
<br />this Deed- of Trust. (b) the creation at a purchase money secunty interest for household appliances, le) a transfer by devisc.
<br />descent or by operation of law upon the death of a _ioint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchaK, Lender may. at Lender's option, declare aH the sums secured by thi."i Deed of Trust to be
<br />immediately due and payable. Lender shall have waived :such option to accelerate if, prior !..) the sale or transfer. Lender
<br />and the person to whom the Property is to be: sold or transferred reach agreelilent 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 optton to accelt:rate pro\'ided in this paragraph 17, and if Borrower's success-or
<br />in interest has executed a written assumption agreement accepted in writing hy Lender, Lender shaH release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall maii Borrower nOlice of acceleration in accordance with
<br />paragraph 14 hereof, Sudl 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 (he expiration.of such period.
<br />lender may, wilhoot tunber notice or demand on Borr-ower, IOvok:e any remed!es permitted by paragraph 18 hereof.
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<br />NON-UNifORM COVENANTS" Borrower and Lender further (.'twenam and agree as follows:
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<br />18. Ac<<kntion; Remedies.. Exupt as provided in parqraph 17 henof. upon Bonower's breach of any covenant or
<br />ac~. of Bonowu in tbis Deed of Trust.. ind!lding the covenants to pay when due any !;ums 5et:ured by this 0ee1I
<br />of TnooI. ........ prior to accderatioa libaIJ mail notice '0 Borrower as provided in _rapb 14 hereof specifying: (1) .be
<br />_11; (2) !be _ ""Iuired '0 cu... sucb breach; (31 a date, not less Ihan 30 days from Ihe date tbe notice is maUed to
<br />1Iorrowe<. by wllIc:b sucb _b must be cured; and (4) Ib.t failure 10 cure sucb b...ach Olt or before the date specified
<br />in the IlOtlee IIIIlJ' ......It in a<<deration of tbe sums secured by lhis Deed of TnooI and sale of Ihe Property. The notice
<br />.... f_ iDfwm Bom>_r of the richt to ...instate afler accelenttion and tbe rigbt to bring a court action to assert
<br />the DOtt-existeKe of . defauk or any otb~r defense of Borrower to accde-nilicm aDd sale. If the bnach i~ not ~ured
<br />.... or beI_ the dale opecIfied In the notice. Lender al Le.....s oplioo m.y declare all of the Slims secured by Ihis Deed
<br />of Trost to Iw illlBtelliatdy dele' and payable- without further deDl.Ad and may invoke the power of sale and any other remedies
<br />......,w.d by ~ law. Ltnder _ l>e enlitled to coiled all ...asonable costs and expen... incurred in punuing Ihe
<br />...metIies ,...violed ia this _rapll Ig. indudinc. but not limited 10. ........nable aUoroey's f.....
<br />If !be _ of sale is inv""ed. T_ _ ....,....d a nolice of defaull in _b county in wbleb the Property or some
<br />part.theRof Is Ioc:ated and tdIllIl mail copies of s""h II<IIb In Ibe manner proscribed by applicable law 10 Borrower and 10 tbe
<br />utbe< _ ,..,..,_ by appIicaNe law. After lhe lapse of such lime as may be required by applieable law. Truste. shall
<br />pve pullIk llOtleeof sale to !be _ and in the manner prtS<'ribed by applicable law. TnooIee. without demand 0"
<br />........... tdIllIl_ the Property at puhIk auction to rhe highest bidder 01 the lime and place and under tbe terms designated
<br />In the notite of "i" ODe ... 180... pareds and in such order as Trustee may determine. Trustee may postpo.... sale of aU
<br />0< .y,...m of the .........y by pubIk an""""""me... at Ihe time and place of ."y previo>Hly scheduled sale. bnder or
<br />u....... ~_y poIKhMe the Property at ..y oaIe.
<br />Upea..... of ~_ of lhe pl'ke bid, Trustee shall dd1_ 10 lb. purch_ Trustee'. deed conveyi..g the Property
<br />snN. Theftdbllo In tile Tntstee's deed _be prim. facio evidence of lhe truth of the statements made Iherolo. Trustee
<br />.... JIjIfII.y the........ of tIae sale in lhe f~onler: i.) 10 all ...........bIe costs and ex_ of Ihe sale, lneludlaa, bul
<br />-.......tn, T_" f_of _ """" thaA_._.:. _ _ _ .. % of lhe llr_..Ie price. re_hIe attoroey's fees .nd eosts of
<br />:::':'~e; (1tI1& aII_ _1Ored by tbis Deed of 1"msI; and (~llhe ..~ess. if a..y, to the pe...... or _... legally entitled
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<br />It. ~. .......-to ~ N()tw~thiUUldin8 Lender's acceleratiun of the s.ums secured bj: lhl~ Deed of Trusl.
<br />~r .n.u tn."" the. richt to h.."" any ptn<:eedi<lp begun by Lender 10 eofon:e this Deed of hu.. di.contlOued at
<br />"')1 lime.prior totheearber to "':cur of (!.llhe fifth day hefon: lhe s..le of the Pmperty pursuanl to the power of salc conlalOeu
<br />tn. tl\llt. ..DeedqfTrust or liil enlryof" lud......nt enforcing thi. Deed of Tr\lSt If: 101 B,,,,ower pay. Lender all sums ". .h,eh would
<br />be tberulue undet t-M Dced (If TrUll. llle Note- and nota ~urmi: Future Ad"'ancts. d any. had no tl(,i..."'elerat1on \>ccurrcd:
<br />(0} BOtf\lWCf curos. aU btcuqnn of Any other i::O'ioo*ab- or .-'&feementili of Borrow~r contained 10 tht'S l)eed of T rmt:
<br />{C} ~ -pay-, .iI te-aWnabfe t\penM\ incu~~ hy Lender and Trmtcc in enforcing: the Clwenaots and agreememi- t)f
<br />BOf~_ t:()Q~_i~ed in-ttU.l,?eed'-nf TrUM and tn enior.e,Jft8 tender'~ and Tnt~l~'\ remedte!i a~ pro\'uJ'ed Hl p~ragf3ph 1~
<br />~[.- }Q,Ck<<.fi.na-", bot ilO{ liAlf-tod to. feuo~k- aU-or-ne-}'.~ f~~ a~ {d~ Borrowcr lakes :~u"h ilCtlt')f~ at Lender may rt~al<oIH!bh'
<br />fcq.~_tu_~. that t~dK!'-n \){ thn Deed Qf Ttu~. L\':",l1tkr'~ mlel~f H1 [he ProperlY and Bon\);.....c,-'-s ubHt:411QU til pay
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