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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 or a total taking of the Property. the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess. jf 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 Trost 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 Propeny 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. Ext.ension 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 commtnce
<br />proceedings against such successor or refuse to extend time for paymc.nt or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the origmal Borrower and Borrower's successors in interest.
<br />t 1. Forhe....nce by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law. shaH 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 t( accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All 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 />successiveiy.
<br />13. Succason .nd Assigu Bound; Joint and Several Liability; 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 the provisions of paragraph J7 hereoL 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 arc not to be used to
<br />interpret or define the provisions hereof.
<br />14. Noli<<. Except for any notice reqUired under apphcable 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 cenified mail addressed to Borrower at
<br />the Propeny 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 10
<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 [0 have been given to Borrower or lender when given in the manner designated herein.
<br />15. Uniform Deed of Trmf. Governilll Law~ Severability. This form of deed of trust combines uniform covenants for
<br />natIonal use and non-uniform covenants with limited variations by jurio:.diction to constitute a uniform security instrument
<br />covering real property. This Deed of TnJ~t ."hall he governed hy 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 shaH
<br />nor 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 oeclared to be severable.
<br />16. Borrowers 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; ASllUlDption. j{ aU or any pan of the: Propert/ 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 monc)' security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a 10lnl tcnam 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 />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 lenJer 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 this Deed of Trust and the Note,
<br />If Lender exercises such option to ac..;elerate, Lender shull mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shaH provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the SU~lS declared due. If Borrowe~ falls to pay such sums prior to the expiration of such period.
<br />lender may, without funher oolice or demand on Borrower, Invoke any remedies permiUed by paragraph 18 hereof.
<br />NON~UNIFOR.M COVENANtS. Borrower and Lender further covenant and agree as follows:
<br />18. Accekntion; RemHies. Excep& as provided in paraanph 17 hereof, upon Borrower's brelK'h of any covenant or
<br />~reeRle..t of Borrower in this Deed of Trust. includina the con~nants to pay when due any sunas secured by this Deed
<br />of Trust. under prior to an'deration shall mail noti.:e to Borro,,"er as pro\-'ided in par.raptt 14 hereof spedfyinc: (1) the
<br />breHh: (2) the action rrquired to cure such bnach; (3) a date. not less than 30 d.ys from' the date the nollce is n.ailed to
<br />8orrol'o'er. b} ~'hkb such breach must bt.- ".ured; and (4) th.t failure 10 ...ure such breach on or before the date specified
<br />in the nollce nUl} r~ult in acceJeration of the sums secured bJ thb. Dffd of Trust and sale of the Propel1y. The notice
<br />shall further inform Bm.rower of the right to reinstate after ac,,-elcratioo and the right to bring a court action to assert
<br />.he nun-eJ:islence of a default or an\' other defense of BOrTUlft-ef" to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice. Lender at Lender's option roa} declare all of the sums secured by this need
<br />of Tru.~l to be immediately due and p.,.able lftithoUI further demand and mil) iO\'okc the power of sale and any other remedies
<br />penniUw, by applicable law. l.ender shall be entitled 10 collect aU rea.wnable costs and expenses incurred in pursuing the
<br />remedies pro,"ided in this paragrapb 18, including~ but nol linlited to~ reasonable attorney's fees.
<br />If t~ po*er of WIle u in"okcd, Trustee shall record a noeke of default in each count}. in which the Propert}' or some
<br />part tbeROf is kx:ated and shalllDaiI copies of such notice in the mBnDer prescribed by applicable law to Borro""er and to the
<br />other persons prescribed b} applicable I.ft. After Iht!' lapse of such time as ma,)' ~ required by applicable law, Trustee shall
<br />~i\'t' public BOtke of sale to the persom and in the manner pr~ribed by applicable law. Trustee, ,,",ithout demand on
<br />Bonol'oct. .sIt..aJ seD the Property at public auction to the highest bidder at the time and place and under the terms de~iKnaled
<br />in the notit..e of sale in ODe or more parcels and in such order as Trustee ma) determine. Trustee maJ postpone sale of all
<br />or an}' pared of tbe rrope:rt)' by public announc(':.nent at tht' time and place of an)' pre~iousl)~ scheduled sale. tender or
<br />l~nder',. dai&aee maJ" purch~ the Property at aOJ sale.
<br />Cpon recripl of pa)ment of the pri<< bid. Trustee shall delher tu tht' pun:haser Tru.~t<<'s d~ed coU\'c)'ing tht, Pro~(tJ
<br />sold. T~ r<<itais in the Trustee's dt"t'd shall be prima fade t'\-idencc uf the truth uf the statement!. made Iherdn. Trustel'
<br />..J1all apply the prt>et:eds (If rnt:' sale in the rollowing order: (a) tu all (l"asonablt L'6Sb and C~pellse.s of tht: sale, includin&, but
<br />nul limited to~ Trust~t~ fh"~ uf nul mort' than 1,). of l~/t; uf the grus.'i ~Ic price. rt'Dsonable attorncJ's r...c.s and l;o..,ts of riUe t!,'idcncc;
<br />Ib, to aU SUln.,1t s<<ur-ed b~: lki~ ()to-.,.j of Trust. and tel tkw- e;\c('ss. irao). to the person 0(" p4.'rsolls legaU) entilh.-d U~reto,
<br />19-~ aonowtr'tj; Ri&ht to Reinstale~ NOlv.llhslanJmg Lcnder'~ ,n,:I,.e!cr.:ltIOn 1-1i_ tilt: ~llnh :-.('~url'\.i hy ,hi'" Dt.'cd of' 1 fll..1,
<br />Borruwer shaH have the right to have _any procecdmg'll begull h~, Lender 10 enlorl.:e lhts Dct:'d uf l"nl',l Jll~conllllw.~J al
<br />any tunc prior to lhe carher 10 ()<.:cur .(}f {Ii the tlfth da) bef~!fe Ihe ..~Ie of the Propt;-ny pun.uanl (l., the pn....~r of 'i.ale ":Dfil.HHt'd
<br />m t.hi~ De-C'u of Trust or (II) entry of a judgment l~nroroflg lhh Deed \)[ TruM d, tal HOI rower pay... t ,\.'lli.h.'i :.ill sunl\ wtll..:h .....\)ldd
<br />he lhen due un-der thl\ Deed <)f 'Tnl.'L the Nvte iJnd Ilote.., ~cl,,:uflng Future Ad"~nce', If ,my, h;u.l no ,l,-...:d~r.\tlon (K_.:urrl'd,
<br />iO) lkWfO'\\-CI 'lnr-c:!! all Drt',3\.-hc!. of any ,;Ihcr (,:tt\i("n<inh or agrcemt'nt" I.)f f.hH'ro\\-CI ,;onl;wH:u ;n ltll.. Dt'l'L1 ,1' .J fll..1
<br />ie' tk)rruwC't' pay" I.dJ fea~\n,lblc c'pcn~c.. UK\lrrcJ by I entkr and TfUl>iC;,~ 10 eof,'n:.log tht, '-'l)\~'ll;HH:'>, :'inJ .lgrl.'t:'1llt"Pl', ,\1
<br />Bof'fOWC~ coot;JHh.,:J in iht" Dad t)f lfU!<t and m enfon.:mg Lcnder':\ Jl1d I i'U'.!ct.'".. rtf1H.'l!.lc" ,h pn.1\l,kd III para!<',lph t,,",
<br />h\",t~(,f. tndu-ding. hut not hmHcd tt~. re~:s,1..H13bl(' aUHrney\, fee\, and (dj Bnrr,'~w~~r laKe:!> 1>th.:h ilI,;:!,\)!; a~ , l'InJc; nLl\- (Cl"l'n,lbh
<br />n:qmre to ibltiJrt: thaf IlK': IU:l1 \,\t tl'us lkttJ l)( Truo;.t I n.der'.. IO!Cre.,f In In-c Pr,)-pt'rt\ M,d B"fnlI.H'r\, ,~hJr~>ll"'l\ h'
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