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<br />9. Condemnation_ The proceeds of any award or claim for d9mages. direct or consequential. in connection with ariy
<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 10 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. 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 Ibat proportion which the amount of the sums secured by this need of Trust immediately prior to Ibe date of
<br />laking bears to the fair market value of the Propel1Y immediately prior to the date of taking, with the balance of Ibe 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 ciaim for damages, Borrower fails to respond to Lender within 30 days after the date such -notiCe.-js
<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 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 shall not extend
<br />or postpone the due dale of the monthly installmetlts referred to in paragraphs I and 2 hereoI or change the amounlor
<br />such installments.
<br />10. 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 succe.ssor in intere!it of Borrower shall not operate to release, in any manner,
<br />the liahility of the original Borrower and Borrower's successors in interesL Lender shall not be required io commence
<br />proceedings against such successor or refuse to extend time for p9yment 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. ArtY 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 Ihe exercise of any such right or remedy.
<br />The procurement of insurance or the payment of ta,ces 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. Peed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust 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 />successively.
<br />13. Successors 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 aod agreements of Borrower shall- be joint and severaL
<br />Toe captions and headings of the paragraphs of this Deed of Trust are for convenience oniy and are not to be used to
<br />interpret or define tbe provisions hereof.
<br />14. Notice. Except for any notice required tJnder 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 surh notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may desi5, ''; by notice, to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, :'-':- ,;-n receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to h\.,',:wwef as provided herein, Any notice pro'"1ided 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 Trust; Governing La\\'; Severability. This form of deed of trust combines uniform covenants for
<br />national use and nonpuniform covenal1~<; with limited variations by jurisdiction [0 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 shalt
<br />not affect other PfO.'.,ViSiDn. s ~~'i3 D~oti af Tn.&t~e Note which can be given effect without the conflicting provision,
<br />and to lhis end the provision r.- tltelPbf.lfillliiJ d the Note are declared to be severable,
<br />16. Borrower's Olpy. BorroYi!dli.1iI1I1~ furnislfed a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after r~oItltifirO'h~J'f.t.. ~ ~...~
<br />17. Transfer of (be Property; AS!ttIIl'ption..-If-:atl 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 creation of a purchase ITloney security interest for household appliances, (c) a transfer by devi_se,
<br />descent or by operation of law upon the death of a jOinl 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 lhe 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 req.uest. 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 agreefJlent accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations uuder Ihis Deed of Trust and the Nole.
<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 js 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 f3,orrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in Ihis Deed of Trust, including the covenants to pay when due any sums secured by Ibis Deed
<br />of Trust, Lender prior to acceleration shall mail Ilotice to Borrower as pro,.jded in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breacl" (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be ('ured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice ma)' result in acceleration of the SUUIS secured by this Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or any other def~tJse of Borrower to acceleration and sale. If the breach is not cured
<br />on or bcfor.e the date specified in the notice, Lender at Lender.s option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without fllrther demand ~lDd roa}' im'oke the power of sale and any other remedies
<br />permitted by applicable law, Lender shall be entitled to collect aU reasonable costs and expense!ol incurred in pursuing the
<br />remedies prol'ided in this paragraph ]~, including, but not limited to. reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall reeord a notice (If default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such .flotice in the munner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After ttle lapse of such time as maJ be required by applicable law, Trustee shall
<br />give public noUce of sale to the persons and in tilt manner prescribed by applicable law. Trustee, without demand on
<br />Borrower. shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and iu 5uch order as Trustee rna)' determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcelJ'H~ol at the time and place of an)' previously scheduled sale. l.ender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon reeeipt of payment of the price bid, Tf11&tee shall dt'liver to the purchase-f Trustet."s deed l'oO'o'eying the Propcrt,y
<br />sold. Tht recitals in the Trust~'s deed shall he l)(hna facie cvid(,:llce of the truth of the statements made therein. Trusttt'
<br />.lthall appl,)' the proceeds of the sale in the fonowin~ order; (a) to all reasonablc costs and expenses of the sail'" including, hut
<br />not limited to, Trustcc's fees of not more than J.,~ of 1% bf the gross sale price, reasonable attorney's fees and costs of title c,"'idcl1ce;
<br />(b) to aU sum.s secured bv this need of Trust; and (c) the execS."i, iran}', to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinsrate. Notwithstanding Lender's acceleration of the SlllllS secured by this De~d. of Trll~L
<br />Borrower shall have the right to have any proceedings hegun by Lender to enforce this. Deed of Trust discontinucd -al
<br />~ny time prior to thc earlier to occur of (i) the fifth day before the 'wlc of the Property pursuant 'to the power (If ~alc c0ntained
<br />in this Deed of Trus,t or (ii) entry of a judgment enforcing thh, D~cd uf Trust if: (,i) Borrower pays Lender :lll sums whi<:h would
<br />be then due under this Deed of Trust, -the Note and notes. securing ruIlirc Adv~i.nccs, If any, had no a(("cleration ol:r.:urrcd~
<br />(b) Borrower C\Jrcs .tll breaches of any other covenants or agrcements of Borrowc! contained ill this. Deed {,f Trust:
<br />(c) Horrower pays all rc,.lsonable expenses incu~rcd by [('nJer ,Hh.t Tnlstce in cnfon..'ing the r.:ov('nants an? <.\grccmcnls (\f
<br />Borrower contained in Ihi~ Deed of Trust and In e;n(orcing Lender'" ~-lOd Tnl':itec'" r('medics :"~ provided In paragraph 1 oS
<br />hcrc~?r. including, but not limited to, reasonable attorney\; fees; ;'trH..1 (0) B~rrowcr l;lkc.s such acflt.~n as. Lendt.~r lllay rC:l'inn;lhh
<br />reqUire to assure that the hen of rhis Deed of Tr\l"it, l ('ndt,.r\ irltcres.t In tht: Property and BOfwwer'7\ nhhgatit1r! hI P:1Y
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