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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 hy 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 he applied to the sums secured by this Deed of Trust such proportion or 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 or the Property immediately prior to Ihe date or taking, with the balance 01 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. 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 atforned 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 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 />successiveiy.
<br />13. Successors and Assigns Bound; Joint and Several l..iability; 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 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 suc. "totice by.certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower iTIay desigr. ;. by notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail,' trn receipt requested. to Lender's address stated herein or to
<br />such other address as Lender may designate by notke to D..,TfOWer 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 />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform coven,'_dts with limited variations by jurisdiction tc 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 co.nflicting- 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 the Property; Assumption. If all or any part of the Property or an interest there!D is sold or' transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum.brance. subordinate to
<br />this Deed of Trust, (b) the 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 aU the sums secured by this ne~d 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 obli~ations under this Deed of Trust and the Note.
<br />I(Lender exercises such option to accelerate, Lender shall mail Borrower Dotict: 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. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any CQvenant or
<br />agreement of Borrower in this Deed of Trust. including the covenants to pay when due any sums secured by this _Deed
<br />of Trust. Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date sp~cified
<br />in the notice may result in acceleration of the sums secured by this need 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 an}' otlter defense of Borrower 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 may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable withollt further demand and ma}' in,"'oke the power of sale and any other remedies
<br />penniheJ D) apiilio.:..4ic h.....,. L:.it!el ~h.1iZ bc cntiHej to ccUc..:t aU n:asonable t:osts and ~:r.:y{'m;~:; ::1::urred in pursu:na ~he
<br />remedks provided in this paragraph 18, including, but not limited to, reasonable aUorney'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 sball mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law, After the lapse of such time as may be required by applicable Jaw. Tnistee,shalJ
<br />give public notice of sale to the persons and in the manner prescribed b}' applicable law. Trustee, without demand on
<br />Borrower, shall seJl 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 morc parcels and in such order as Trustee may determine. Trustee mal postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any pre,".iously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Propert)'
<br />sold. The recitals in the Trustee's deed shall be prima facie c\.idcllce of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of, the sale in the following order: (8) to all reasonable costs and expenses of the sale, including~ but
<br />not limited to, Trustee's fees of not more than 1/2 of 1% of the gros,'i sale price, reasonable attorney's fees and costs of title c\'idence;
<br />(b) to all sums secured by this Deed orTrust; and (e) the eX(.'ess, if an}', to the person or persons legall}' entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's. acceleration of the slims secured by this Deed of Trus.t.
<br />Borrower shall have the right 10 have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any ~ime prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant If,) the power of sale contained
<br />in thiS Deed of Trust or (ii) entry of l'1 judgment enforcing this Deed of Trust if: (a) Borrower pa~'s Lender ~ll sums which would
<br />be then due under this Deed of Trust, the Note, <lnd notes securing Future Advances, if ~my, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrov.'-cI' contained in this Deed of Trust;
<br />(c) Borrower pays all rc<!sonable expens.es incurred by Lender and Trus.tee in enforCing the i.~(Wenants and agreements 01
<br />Borrower contained in this Deed of Trust and in enforcing- Lender's and Trustee's remedies ;is provided in par3graph I K
<br />hereof. including, but not limited 10. reasonable attorney'., fees; and (J) Borrower takes such action ~Ui Lender may rClls<mahiv
<br />require to assure that the lien of this Deed of Trus!. Lender's interest in the Propat)' and Borr(Hvcr'", obligiltion to pa\'
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