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<br />9. Condemna8oo. The proceeds of any award or claim for damages; direct or consequentiah in connection with any
<br />condemnation orottteraaking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid SO'Lender.
<br />In the:event of a total taking of the Property, the proceeds shall he applied taihesums secured by this Deed of Trust,
<br />with theezcess,if any, paid toBorrower. In the event of a partial taking of theProperty, unless Borrower and bender
<br />otherwiseagreein wriiing;.there shall be appliedto thesums secured by this Deedof Trust suchproparron of the proceeds
<br />as is equa4 [o that proportion which the amount:o[ the sums secured by this Deed of Trust.immediately prior to [he date. of
<br />taking bears to-the fair market value of the Property immediately prior to the date ottaking, with the balance of the procet=ds
<br />paidi to Borrower.
<br />If the Propertgisabandoned by Borrower, or if; after notice by Lender to Borrower thatlhe rnndcimnoroffers tomake
<br />an award. or settle a claim for damages, Borrower. fails [o 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 Dced of Trust
<br />- .Unless Lender and Borrower otherwise agree inwriting, any such application of proceeds to principal shall riot extend
<br />or postpone the duedate of the monthly installments referred to in paragraphs 1 and ?hereof or change[he atnaunr of
<br />such.instailmen[s.
<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 b}' Lender ro any successor in interest o[ Borrower shall not operate to release, in any manner.
<br />the liability of the original: Borrower and Borrower's successors in interest I-ender shall not. be required to commence
<br />proceedings against such. successor or refuse to extend time for payment er otherwise modify amortization n. f. 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 />1P. Forbearance by Lender No! a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder; or
<br />otherwise afforded by applicable law, shall not he a waiver of or precli~dc the exercise ofany such right or remedy.
<br />The procurement of insurance or the payment of taxes orather liens or charges. by Lender shall not be a waiver of Lender's
<br />right Yo accelerate the maturity of the mdehtedness secured. by this Deed: of Trust
<br />12. Remedies Cumulative. Al! remedies provided in this Deed oI Trust are distinct and cumulative: to any oilier right
<br />ar remedy under this Deed of Trust or afforded by law ar equity; and may be exercised concurrently, independent!}' pr
<br />successively.
<br />13. Successors and Assigns Bc^nd; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shalibind, and the rights hereunder shall inure ta, ifie7espective successors and assigns o[ Lender and B6TCOW CT,
<br />subject to the provisions of paragraph. 17 hereof. All covenants and agreements of Borrower shall he joint and several.
<br />The captions andheadings ofthe paragraphs of this Deed of Trustarefor convenience `only ;mdarenottobc usedte
<br />interpret or define the provisions hereof.
<br />14. Notice. Exceptfor any notice required under applicableiaw ;n be given in another. manner. (a) anynatice-ic
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Burrower at
<br />the ProperryAddressor at suchother addressixs Borrower may desrgnatebynoticrtoZender asprovided-.herein.: and
<br />(b) any notice fo Lender shall'be given by certi5ed 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. shalt be deemed to have been given to Borrower ar Lender when given in -the manner designated :herrin.
<br />i3. Uniform Deed of Trust, GoverninRd~aw; Severability. This form of'deed of lrusccotnbinesaniforrn covenants for
<br />national useandnon-uniforrncocenants with limited variations by jurisdictionto constitute auniform. security Instrument
<br />rovering teal property. This Deed o1 Trust shall be governed by the law of [he jurisdiction in which th._ Property is located.
<br />In the event thaCany provision or clause of this,Deed o£ Trust ortheNOtc conflicts with applicable law, such eonflici shall.
<br />not affect other-provtstons of this-Deed of Trust or the Note which canoe given effect without the conrlicting provision,
<br />and tothis endthe provisions oftheDeed_of:Trust and the Note aredeclared to Ise severable:
<br />16. ° Borrower's Copy. Borrower shall be :furnished a conformed eepy df the Note and of this-Deed <if'i'rust at the. time
<br />of execution or after recordation hereof.
<br />17. Transferof the Property; Assumption. tf all or aay par[ of ffie "Prtipertyor alt ro#eres#-therein is sold ortransfartd
<br />by Borrower without Lender'sprior writtemcotuent, excluding iaJ the.!!,,-~feation of a-'lien br encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchasemone}~ ~ecurit}~ imerestfpr household .oppliances. (c) atransfcrfiy devise,
<br />descent or by operation of law. upon the death of;x joint tenant or w d} draerim4 of any ~easeho~d^interest of three years arless
<br />not containing an gption to purchase, !:ender ma}•, at i.cnder's option„declare ail the sums secured. by [his Deed n1 Trctst td he
<br />immediately due artd. payable. Lender shall have waived such`npu to accelerate if. prior to the sale nr transfer,. !.ender
<br />and the person to whom. theProperty is Lobe sold artransfcrred reach agreement in writing that thecredit o1 such person
<br />is satisfactory to I.enderandthat the interest payable im. thrsumsccurer3 by this Deed. of Trust shallbe-at such rate'zs
<br />Lender sha)lrequest. 1fLenderhaswaivedthe option in accelerate provided in th*s paragraph 17,andif Borrower's successor
<br />in tnterestbas executeda written assumption agreement accepted m writng by I_ender,_Lendershall release Borrower from
<br />all obligations undehthis Deed of Trust and the Note:..
<br />IfLender exercises suchpption toaccelerau, Lender shall mail. Rarrgwcr notice. ofacceleratien in-accardanccwith
<br />paragraph I4 hereof„.Such notice shalt provide a period of twt less than 30 dayrfrom;the date the notice is mailed within
<br />which Borrower. may .pay the sums declared due. I} Borrower Fails to pay such sums prior to iheexpiration of such period.
<br />Lender may.. without further notice or demand on Borrower, im•oke any 7emedies permttted iy paragraph 2 3 hereof.
<br />No:v-U!v7FOaHt Covt;rtnr[rs.. Borrower and !.ender further covcnanr and agree as follows:
<br />18. AceeMration;.Remedies. Exceptas providtd inparagraph 17:hereof,uponBOrrowePs breach ofany covenant or
<br />agreement ofBorrower imthis Deed oi'Tnuti,includirrX the,covenanLStopaywhen'dueany samssecured by this Deed
<br />of Trush Lender prior to accelemtiodshall maJnotice to-.Borrower as provided in paragraph,l4 hereof specifying; (t).fhe
<br />breach; (2)the action regtriredto'cure such breach;f3) adate,notlevs ahan30:days from;he dateihe.notice is rnailed: to
<br />Borrower,. by which such breachmtrst bra cured; and(4)thalfailureto curesuchbreach on`orbefore the date specified
<br />in lhenodce may result in aceeleraGonofthe sumssecared by'thicDeed of Trustandsale of:4heProperty.. 'Theno[icc
<br />shall furtherinform.Borrowerof`therighC}o reinstate aFteracceleration and thr right to'brinKa coorfactian'toasscrl
<br />th.^.non-existenceof'a default or anyolherdefenseof.Borrower.fo`:accelerafionandsale. Ifibe'breaclt is no[cured
<br />on or before the date specifiedin thettotice,Lenderat Leader'soption..may dectareallnfihe sums securedby this Deed
<br />of:Trusftobe immediately due'andpayable without fortherdemandand may invoke the power ofsaleand any other remedies
<br />permitted by applicable law.- Lendtr shall be entitled to collets all reasonable'costs and expenses: incurred in pursuinG: the
<br />remediesprovidedinlhisparagraph98,'incladiriR, bufnot IimitedYo, reasonableattorney'sfxes
<br />Ifthe-powerofsale isinvoked, Trustee shelf record a aofice of defaui(in tech. county inwhich the.. Property.. nr some
<br />part thereofis locafedandshall mail copies of such rrotice in'the manner prescribed by'applicable,law.to Borrower and. to the
<br />other persons prescribed by: applicable. taw. After the lapse pf such time as may be required byapplicabie law,'Trusdeesha11
<br />$ive public notice of sale toThe persons artd in. the manner prescribed by applicabletaw. 'trustee,. without. demand on
<br />Borroweq shall sell the Property. al;public-auction to the hiRhesibidder at the time'and place and under the terms. designated
<br />inthe noticeof sale in oneormore parcels and insuchorderas "Trostee maydetermine. Trustee: may postponesale;af.ati
<br />or any parcel of the Property by poblie announcement at the-time. andplam aE any. previously scheduled: sale. Lender ur
<br />.'Lender's desigrreamaypurchase theProperty atanysale.
<br />'Upon. receipt: of payment of the. price bid, Trustee shall deliver to. the pnrchaser Trustee's deed conveying the Properly
<br />sold. Thececitalsin the Trustee's. deed shall be prima Facie evidenceof the-truthoE the: statements made therein. 'Truster
<br />shall apply-tht proceeds oTthe sale inthefoll~w/ppordei: (a).toallreasorwblecosts-andezpenses of the sale, including,-bat
<br />not limited to, Trustee's feesof not more than ~~ LL YY o of thegross sale price,. reasonable atfomey's feesand-costs of
<br />title tvidence;{b) to aU sumsaecured by this Deed. of Tnrst and (c) the excess, ifany, to the person or persons IegadEy. entitled
<br />thtreto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender'saccelerationof the sums secured by this Dced of Tnsi.
<br />-$orrower shallhave the rightto have any proceedings begun by bender to enforce this Dced of 'Trust cfiscontinucd:at
<br />any amt-.prior totheearher to:.occur of (i) the fifth day before fficsale of the Property pxrrsuant to the power ofsale romaine<1
<br />in this Reed ofTrustor (ii)cntryot a,jcdgment cnforcingthis Iced of Tritstif: (a) Borrower pays Lender ail sums:whicft would
<br />bethen due undecihis DeedoETnst,theNote and notes securing Future Advances.if any.had +io acexaeraiionocciirred;
<br />(h) Borrower cures alt. breaches of .any other covenanigor agreements of t3orrower contained in this Deed of -Prust:
<br />(c} Borrower paysalF reasonable expenses incurred by Lender andTnsiee in enforcing the .covenants and tigreamcnts of
<br />Borrower contained in this Deed of Trust and in enforcing. Lender's and.Trustec's remedies as proviocd in paragraph tR
<br />hereof. inetuding,but not limited to, reasonable attorney'sfecs; and (d). Borrower takes sucnaciion as !.,ender moo' reanoaabh~
<br />requde ao: assurm that the. lien of this Dtcdof 't'rust Lender's interest in the Property and Borrow'er's obligaiiorr to pay-
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