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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 tbis 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 that proportion wbich 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 ir, 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 1 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 L~nder Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded bv 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 nght
<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 Bonnd; Joint and Several Liability; Captions. The covenants and agreements herem
<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' .. to be given in another manner, (a) any notice to
<br />RnrrnUl,..r nrnvirlprl for in thi~ ~d of Tnlst shall be rrivefl hv m:<~l;tl{; ,h notice bv cer ified mail addres,~d to Borrower at
<br />th~qp~~Perty- Add~~- ~~- ~t-~~h- oth~r- addres~ ~s "Borrower fJ", '.,;;gna~e by ~joilC~- to- Lender as provided herein, and
<br />(b) any notice to Lender shall be given by ccr(~eli mail, ret"-.. ?ceipt 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 />15, Uniform Deed of Trost; Governing Law; Severablllty, 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 Ihe 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 Ihe provisions of the Deed of Trust and the Note arc 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. Tnmsfer of tbe Property; Assumption. 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 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 the Property is 10 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 ;:., 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 />lf Lender exercises such option to accele-rate. Lender shall mail Borrower nOlice 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 th~ sum~ de.::lared 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, in....oke any remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFOJtM COVENANT~, Borrower and Lender further covenant and agree as foHows:
<br />I K. Acceleration; Remedie~, Jt:xt'ept ~ provided in paragraph t 7 hereof, upon Borrower's hreach of any covenant or
<br />"l:reemenl of Burrower in this Deed of Trusl. indudinll the co,enanls to pay when due any sums secured by this Deed
<br />of Trust, l...cnder prior to al'celeration shall lUail notice to Borrower as pro\'ided in paragraph 14 hereof spe{'if)'ing: (1) the
<br />breach; (2) the action required to ,,'ure such breach; (3) n date, not less than 30 da)'s from the date the notice is mailed to
<br />Borrower. b)' ,,-hich such brea,..h must be ,:ured; and (4) that failure to l'Ure such breach on or before the date spedfied
<br />in the no'iet" 018)' result in an'fleration of the sum..~ sccured by thili Ueed of Trust and sale of the Property, The notice
<br />shall further inform Borrower of the right (0 rt'instate after an'eleraHon and the ri~ht to brin~ a court action to as-triert
<br />the lwu.exislen(e of a default or an)' other defense of Borrower to act'cleration and sale. If the breach is not {'ured
<br />ou or before the date spK'ified in the notice, Lender l,It I.ender's option may dedan' all of the sums se....ured b}' this I>el'd
<br />of Trust to be immediatel)' due and payable "'ithou. further demand and ma)" in\'uke the power of sale and any other remedies
<br />permitted b)' applicable law. Lender shall be entitled to t'ollel'l aU re-asonable t:o.."ils and expenses incllrred in pursuin~ the
<br />remedies pro\'ided in this paragraph 18, includin2" but not limited to, reusonable attorney's fees.
<br />If the po\\'er of sale is io\oked, Trustee shall f(.'cord a notice of default in each count)' in which the I'ropert.)' ur some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed bJ 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 law, Trustee shall
<br />~ive public notice of sale to the persons and in the manner prescribed b}' applicable law. Trustee, without demand on
<br />BOl"ro"'-er. shall sell the Property at public 3m:tion to the highest bidder at the time and IlIa..:r and under the terms desi~nated
<br />in the notice of sale in ODe or more par{'t~1s and in Slid. ocdet' as Tnlst~e may determine. Trustee may postpone sale of all
<br />or any parcel of the Propel1}' by public announ('eJnent at the time and place of an)" previousl)' scheduled sale. Lender or
<br />Lender's designee may purchase the Propert)i at an)' sale.
<br />Upon receipt of p8Jfilenl of the price bid, Trustee .,haU deliver to the put'l'haser Tru...tee's deed {'ol1\'t')'inR tht., Propert)'
<br />sold, The recitals in the Truste-e's deed shaH be prima facie t'\idence of the truth of the statements made therein, Trustet.>
<br />shall appl~ the pnJl-eeds of the sale in the rollo,"'ing order: (a) to all rt'asolU:lble cosls and t'Xpellses uf tbe sale, inclUding, hut
<br />Ilut limitt>d to, Trustee's fees of not mort' than 1.Z of l~ of the gros..\ ~ale prke. reasofhlblc uttOl'ne) 's fec~ and costs of title c\'idenct.';
<br />tbl to aU sums secured h,< tbis Heed nfTrust: and (t:) the c\.,"'t'ss, iran,)'. to the person or IlCrsolls legally (..nlitlt....f therelo,
<br />19. Borrower's Right to Reinstale. N(l[wlthstanding Lender", a""l:dCratHm 1.)1 the qllll~ Sl..'cllrt:d by lhl~ DCl'd ~lf Trust.
<br />Rorrow~~r shall haY\.' the right to have any proceedings begun h) l.ender tt.... l'nil..m,x' lhi:.. Dc~d l)f Tnl~t dH...:ontlllllcd at
<br />JOY time prior tn the e.arhl'r to occur of (i) the fifth day hcfolc Iht: "ale of 1he Propt:rty pursu,1I11 In the p\)\.l,-cr Ill' ~alc contalllcd
<br />In this Deed of Tnt~t \)f (II) entry of a judgrn..:nt cnfon.:ing 1hi~ Deed \}f Trust If: (aJ Born",wt:r llaY' I l'IlJer all SlIlIh WhKh v.'l)llld
<br />he then due under thiS Deed of Trllst. the Note and nott~' 'i.'.:L'Oflll!!. FtHUre .o\.dV~\IKt'''. If ,IIlV, had no :l1.:n'kl.i!IOI1 l)Cl'Urrl,d:
<br />(h) Horrowl'r cures all t1reachcs of any other cn'w'cnanl\ Dr agr'-cc-mcnts pI' HOITt)\'d.'! \.'llnt;lln~d in Ihl.., Deed llf Tru'it:
<br />lei Horrow~:~r pays .ill r~d.sonable c\.pcnsc\ incurred toy LenJer .HhJ -f f\l'ol~t.' 'II) t.'llfol"t",ng t!w ~'1.1\Cn,U1ls ;md agrl'~lll(~nt-" III
<br />Rorn.)wcr \:onti:lineJ III lhi~ Deed of TrU'~t and In enfl}f"l~jng 1~t'nJel.'i <l11tJ 'lnl'ilo.:e-" ri.'nll;:dle~;lS pr(\\'ld~d If1 p.lfJ.lgraph 11'1
<br />h\~n~of. indudinR, hut n01limlh:-d to, rea:)onable ~\l.wrnc...'.. f~t.'~: ;1fH.1 hi1 Horfi.~wC'r 1,1).;(';0 ";(II.,:h ;ll:tl\ln .1~ Lend.:/' Illay ft.'a"ll11,lbh
<br />rt;qllifc h) as.~ur~' !hat the It~:n Ilf fhi!) Deed of Tru..L 'l.l:IlJ',~I"\ lfllt'H:'1 !fl the Propcrlv ,HId BOITi.H-\'Cf', tlhllg,Hl\ln ;\' 1',1\
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