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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 ~he event of a total taking of the Property, the proceeds shaJl be applied to the sums secured by this Deed or Trust,
<br />with the excess, if 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 [0 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 />to. Borrower 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 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 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 Cum_tive. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />"'r remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Su('('essors and Assigns 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 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 art. 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 Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shaH 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 I:he manner designated herein.
<br />15. Unifonn Deed of Trust; Governing Law; Severability. 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 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 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 aftet recordation hereof.
<br />17, Tnasfer of the l'ropHty; A...ampllon, 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 creationofa purchase money security interest for household appliances, (c) a transfer by devise.
<br />descent or by operation of law upon the death 01 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 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 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 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 funher 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. AccelentioD; Remedies. Except as provided in panc....h 17 hereof, UpoD Borrower's breacb of .ny covenaat or
<br />acreement of Borrower in this Deed of Tnast, induding the ('ovenanls to pay when due any SUIIIS secured by this DeetI
<br />of Trust, Lender prior to accelenotion shall mail nOlice 10 Borrower lIS provided in parllllraph 14 hereof specify1nc: (1) the
<br />brellCh; (2) Ihe action required 10 cure such breach; (3) a dote, not less than 30 days from,lhe date the nollce is mlli1ed 10
<br />Borrower, by which such brellCh must be l'ured; and (4) Ihat failure to cure such brellCh on or before Ihe dale sped''''
<br />in the nolke may result in a('('eleralion of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shall furtMr inform Borrower of the right (0 reinstate after acceleration and the right to bring a ('ourt action to asser1
<br />the non.existence of a default or any other defenSe' of Borrower to .('('eleration and sale. If the breach is not cured
<br />on or before the date spedfied in lhe noti('e, I.ender at Lender's option may d<<lare all of the sums se('ured by this Deed
<br />of Trust to be imlDediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />penniUed by applicable law. Lender shall be entitled to collect all reasonable ..'osts and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, indudina, but nm limited to, reasonable attorney's fees.
<br />If lhe power of sale is invoked, Trustee shall record .. notice of default in each county in which the Property or some
<br />part the.reof is located and shall mail ('opies of su('h nOIKe in the manner prescribed by applicable law to Borrower and to the
<br />other persons pres<ribed by applicable law. After Ihe lapse of such lime as may be required by applicable law, Truslee shall
<br />give publk notice of sale to the persons and in the mannel" prescribed by applkable law, Truslee, without demand on
<br />BOl'rower, shail sell .he Property lit pu.blic auctiOn to the highest bidder at the time and place and under the terms designated
<br />in the noike of sale in one or more parcels and in such order as Tnlstee may determine. Trustee may postpone sale of all
<br />or any panel of lhe Property by public announcement at .he time and place of any previously scheduled sale. tender or
<br />Lender's desl&- DUly purch_ the Properly at any sal.,
<br />Upon r<<eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shaD apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not limited to, Trustee's fees of not more than V2 of 1% of the gross sale price, reasonable aUorne)"s fees and costs of title e\-'idence;
<br />(b) to aD sumss<<uroo by this Deed ofTnlst; and (c) the excess, ifany, to the person or persons legally entitled thereto.
<br />19. Borrower's RiCht to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trw.l.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future AdVances, if any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrowet contained in this Deed of Tru~t:
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the l:ovcnants and agreements of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided In paragn\ph 1 H
<br />hereof, including, but not limited 10, reasonable attorney's fees: and Cd) Borrower takes such action as Lender may rCi.lsonably
<br />require to assure that the lien of this Deed of Trust, Lender"s, interest In the Property and BOTfov.'cr's obligalillIl ttl POl)
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