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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 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 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 resIXJnd 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 shaH 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 />to. Borrower Not ReleMed. 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 />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any righ~ or remedy heteun~r,.~r
<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 Hens 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 3re 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, Socc.....rs and AssJcllS Bound; lolnt and Several Liability; CaptiollS. 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 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 Jaw 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 Properly Address or at such other address as Borrower may designate by notice to Lender as provid_ed. hercin~ 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 -tor 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 l..aw; SevenlbiUIy. 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 vf the jurisdiction in which Ihe 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 01 the Deed 01 TrustaI\d Ihe Note are declared to be severable,
<br />16, Borrower's Copy. Borrower shall be fur(lished a c,*,formed copy or the Note and of this Deed of Trust at the time
<br />of execution or after recordation-,hcreof.' "
<br />17, Tnnsfer of the Propertyf A............... .lfo1ill"l)r,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 />Ihis Deed of Trust, (b) the creation of a purchase money security interest lor household appliances, (c) a transfer hy devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any I"asehold 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 TruSl.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 Lender and that the interest payable on the sums secured by this Deed of Trust shall be- at such :rate as
<br />Lender shan rcqucst_ If Lender has waived the option to accelerate provided in this paragr3lph 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 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 to 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. A<<eleration; Remodie., Except as provided In parocraph 17 hereof, upon Borrower's brellCh of any co......1 or
<br />aareement of Borrower in this Deed of Trust, including the covenants 10 pay when due any SUIIIIS sec:ured by Ihis Deed
<br />of TrOISI. Lender prior to ac<e1eralion shall mail notice to Borrower ... provided in par.rllph 14 hereof spe<ify1na' (1) the
<br />brellCh; (1) the action required to <ure su<h breach; (3) a dllle, nol less than 30 days from, the date the no\l<e is mailed to
<br />Borrower. by which such breach must be i'ured; and (4) that failure '0 cllre such breach on or before the date specified
<br />in the notice may result in acceleration o[ the sums secured hy this Deed of Trust and sale of the Property. The nmicl!
<br />shall further inform Borrower of the right to reiostale after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or any other defense of Borrower '0 acceleration and sale. If the breach is not (:ured
<br />on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />of Trusl to be inunetliately due and payable without further demand and may in,,'oke the power of sale and any other remedies
<br />~nnitted by applicable law. Lender shall be entitled '0 collect all reasonable costs and expenses incurred in punuine the
<br />remedies pro\o'ided in this paragraph 18, includinl~ but not limited 10, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in whkh the Property or some
<br />part thereof is located and shall mail copies of such notke in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After Ihe lapse of such time as Dla)" be required by applicable law, Trustee shall
<br />give public notice of sale- to the penoDs and in the nlanner prescribed by applicable law. Trustee, without demand on
<br />Borrower~ shall sell tlte Property at public auction to the hiehesl bidder at the time and place and under the terms designated
<br />in the notke of sale in ODe or more parcels and in such order as Trostel' may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcem...nl al the time and place of any previously scheduled sale. I~ender or
<br />undu's desicnee lDay purchase Ihe Property al any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Tru."tee's deed ....onveying thl' Propert)'
<br />sold. TM recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trust~
<br />shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenSf"S of the sale. including, but
<br />not limited to. Tnastee's fees of not more than V2 of 1% of lhe gross sale prke. reasonable attol'llll~l'S fees and costs of title t\'idencc;
<br />(b) to all sums secured b.v this Oecd of Trust; and Ie) the excess. irany, to the person or (WrsollS Ie-gatllcntilled therdo.
<br />19. Borrower's RiCht 10 Reinstate. Notwithstanding Lender's acceleration of the :.ums secured by t}W., Deed or Trl1sl.
<br />Borrower shall have the right to have any proceedings. begun by Lender [(1 enforce this Deed of Tnl!\t discontinued at
<br />~ny time prior to the earlier to occur of (i) the fifth day before the sale of th~ Property pursuant to thl: power of s.ale conl~lincd
<br />III this Deed of Trllsl or (iil entry of a judgment enforcing this Deed of Trust If: (a) Borrower pays Lender all sum.. which would
<br />be then due under this Deed of Tntst, the Note and notes ~ccuring Future Advances. if any. had n\l acceleration ocCurlCO:
<br />(b) Borrower cure~ all breaches of any other covenants or tlgreemcnt~ (If Borrowl"1 contained lf1 ,his Deed pr Tru,'"
<br />(e) Borrower pays all reasonable expense' mcmrcd by I.ender and Tru~lcc in enforcing the nW~llants. and a~rcclllenTs t,(
<br />Borrower conlained in Ihis Deed of Trust and in Cnf('fcing Lcndt~f'" dnd Tru<,.lct."" n.~mcdi('... a.., providl.'d in p<lr<\gl aph 1 ~
<br />hereof. including. hut nOllimltcd It), reas.onable :tltorney'.. fee..: and (0) Borrower takt.'s \llch actH~n i\~ 1 code-I' ma~ rca..nnal:-I~
<br />retfuite h) a50.~llfC that the lien of this Deed of Tru..t, I cndt.'r\, Inter('\1 111 tht, PwperlY and B(}f!p\-H'r'" lloltgal1l1ll tp r.l\
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