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<br />9. CondemnMlon. The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation or other taking of the Propeny, 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, if any, paid to Borrower. [n 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 Ihe 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 ir, after notice by Lender to Borrower that the condemnor oIlers 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 installmen.s 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 amonization 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 successor!" 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. Forbe8nlK"e by Lender Not a Waiver. Any forbearance by Lender in exercising 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 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 to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trost are distinct and cumulative to any other right
<br />'-:" remedy uDd'" this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13, Successors and Asslps Bound; loinl and Several L1abiUly; Caplions, 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 law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trus. shall be given by mailing such notice by cenified mail addressed to Borrower at
<br />the Property Address or at such otber address as Borrower may designate by notice to Lender as provided berein, and
<br />(b) any notice to Lender sbaIl be given hy cenified 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 Tnst; Governing Law; SevenbUity. 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 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 ;;onflicts with applicable law. such conflict shall
<br />not affect other provisions of [his 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 declared to be severable.
<br />16. Borrower'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 tl1ePnoperty; Aioumpdoa. lr all or any part 01 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) tbe 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 />and the person to whom tbe 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 shaH be at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph J 7, 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 J 4 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. Accelention; Remedies. Except as provided in pancnph 17 hereof, upon Borrower's bftJK'b of any covenant or
<br />agreement of Borrower in this Deed of "frust, incJudina the covenants to pay when due any SUOlS secured by this Deed
<br />of Trust, under prior to ac\:t'lefaiiun shall mail notice to Borrcwer as provided in paragraph 14 hereof specuyine:: (I) thf
<br />breach; (2) the action required 10 cure such bNllch; (3) a dale, no. less than 30 days froAl ,the date the notice is nuaiIed to
<br />Borrower. by which such breach must be l'ured; and (4) that failure to cure such breach on or before the dale specified
<br />in the notice may resull in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shan further inform Borrower of the rich. 1O reinstate after acceleration and the right to briq a court action to assert
<br />the non-existence of a default or any other defense of Borrower to act'eleration and sale. If the breach is no' cured
<br />on or before the date spe<"ified in the nolice, Lender al Lender's option may declare all of the sums secured by this Deed
<br />of Trus. to be immediately due and payable wi.hout further demand and may im'oke the power of sale- and any other remedies
<br />penoilted by applicable law. Lender shall be entilled to coiled all reasonable cos's and expenses incurred in pursuing the
<br />remetlies provide4 in this paragraph 18, includina, but nt,tt limited to. reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record 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 mlloner pre-scribed by applicable law to Borrower and 10 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 lhe persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Bu.-rower, shall seD the Properly at public auction to the highest bidder at Ihe time and place and under the terots designated
<br />in the notice of sale in one or more parcels and in such order as Truslee may determine. Truslee may postpone sale of all
<br />or any parcel of the Propel1y by public announcement al the tiDle and place of any previously scheduled sale. Lender or
<br />Lender's desiKnee may purcbase the Properly at any sak.
<br />Upon ret.-eip. of payment of the pric..-e bid, Trustee shall deliver to the purchaser Trustee's deed conveying the ')ropert,.
<br />sold. The recitals in the Trustee's deed shall be prima facie eviden~e of the truth of the statements made therein, Trust~
<br />shaU apply the prtK'eeds of the sale in the following order: (a) to all reasonable costs and cXJWnses of the sale. including, but
<br />not limited to, TJ1IStee's fees of nol more thun Y.1: of 1% of the gross sale price. reasonable atlorne,)"'s fees aud costs of title c\"idence;
<br />(b) to all swns secured bJ this Deed of Trust; and (c) the excess, if any, to the person or pt'rsuns legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's .H.:L"clcration of the slims sCl.:urcd hy thiS Deed of Tru,t,
<br />Borrower shall have the right to helVe any proceedings begun hy Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to (X;cur of (i) the fifth day before the sale of the Propcny pursuant to the power of sale contained
<br />in this Deed ofTrusl or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sum~ which \\'ould
<br />be then due under this Deed of Trllst. the Note and notes securing Future Advan~es, if any, had no acceleration occurred;
<br />(b) Borrower cures all breaches of any other covenants or agreement~ of Borrowcl contained In Ihis Deed of Tru,",l:
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enfon':lOg the covcnant~ and agreements of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Tru'iotc.e's remedies as proVided in paragraph loS
<br />hereof, including, but not limited to, reasonable aHorney's fees; and (d) Borrower takes SUL"h action as Lender mav rcasoilabh
<br />require to assure that the lien of this Deed of Trusl. Lender's inlerest If) the Property and BOrrl)\\,cr'\ obligation fl) Pol)
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