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<br />9. Condemnalfon. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other faking of the Properly, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to tinder.
<br />In the event of a total taking of the Property, the proceeds shalt he applied to the sumo secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of 'hc Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall t>e applied to the sums secured by this Decd of Ttvst 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 io the date of
<br />taking bears to the tare market value of the Properly 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, nr 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 Tender 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 Else 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 rnoathh insudlmenrs referred to m paragraphs 1 and 2 hereof or cfiange the amount of
<br />such installments.
<br />i0. Borrower !Vol Released. Extension of the time for payment nr modification of amortization of the sums secured
<br />by Ihts Deed of Trust granted by lender !o 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 he 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 Dred of 'Trust by reason a( anc demand made M' the original Borrower and Borrower's successors in interest.
<br />l 1. Forbearance by Lender tint a Waiver. An} forbearance by !.ender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shat! oat be a waiver of or preclude the exercise of any such right or remedy.
<br />"the procurement oC insurance or the payment of taxes ur other liens nr charges by i.ender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the Inrlehtedness secured hp this Deed of Trust.
<br />12. Remedies Cumulative. ,All remedies prnvuied in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under ibis Deed of '['rust ar afforded by law or equity. and may be exercised concurrently, independently or
<br />successively.
<br />1J. Successors and Assigns Bound: Joim and several liability; Captions. The covenants and agreements herein
<br />contained shalt bind, and the rights hereunder shall inure to, the respective successors and assigns of lender and Borrower.
<br />subject to the provisions of paragraph l? hrreot .Ali covenants and agreements of Aorrower shall be joint and several.
<br />The captions and headings of the paragraphs of ;lt!s Deed of Traast are for convenience only and are not to he uud to
<br />interpret or define the provisu>ns hereof.
<br />14. Notice. Except `,'err any nohcc required under applicable law to be given in another manner. (a) any .notice to
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other add cess as Bnt rower may designate by notice to Lender as provided herein, and
<br />l b t any nonce to Lendec shall ere given by eendied r*taii. return receipt requested, to Lender s address slated herein or to
<br />such other address as under may designate by nonce in Borrower as provided hereirs. Any notice provided for in this
<br />Deed of Trust :hall hr :teemed ro have iYen green to Borrower c+r (.ender when given in the manner designated herein.
<br />I5. l'nifnrm Ihed of l'rusG Governing Law: Secerability. This form of deed of trust combines uniform covenams for
<br />national use and Harr um:orm ~ wrnan!s with iimltcd variations h, lurisdictior. to constitute a uniform security instrument
<br />covering rest proprrtc tins teed to "Pont shall he governed be the law of the jurisdiction in which-the Property is located.
<br />In the rvcrt lost an'.- t+n•.:a:nr..+r clause of th„ (Teed of Trust or the Note conflicts with applicable law, such conflict shall
<br />nut aftrc: ~,ther ; ri~,o„,ir,r, :~; ~n~s I.keni «t' bust err the Note which can hr given etfeci without the cunfiicting provision.
<br />and to this end the ;,roar+.. ~ni .~a :rte Deed :,r Trust and the ~tiote are, declared to be severable.
<br />16. Borrower'( Cop.. &>r: €>wrr s::a,; he luntshed a conformed copy of the Nate and of this Decd of Trust at the time
<br />of execution or after resY=rust€c-n fxrec 1.
<br />17. 3'ramfer r.t tAe f`rvprrtr: Awamptioa. if ail rr an} pan of the Properly er an interest therein is sold or transferred
<br />by iorrower w~n.„si f. °--.- - ,.. .~n~tern .outrni, rxdud;ng ;. a, ttte craat:en of a lien o: encumbrance subordinate to
<br />this [h~ed of Trutt- ~ : +!u ~ rrsa„~t:~.d .r ;xtrchasc inonet sruutry uuercst for household appbances, (c) a transfer by devise.
<br />descent or by operatrcrn c~f taw u,nr, the death €+f a ~omt tenant or td} the grant of any leasehold interest of three years or less
<br />not coniaming au opuon io t+urchese, t ender mav...-,t 1 ender's option. declare alt the sums secured by this Deed o[ Trust to be
<br />immediately due and pa}.note. i wider +h"rlY have --waived such opuon to accelerate if, prior to the sale or transfer. Lender
<br />and the person to whom the Pcopcrtr is to he wld yr transfenrd reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the imeres: payable nn the sum( secured by this ^eeJ of Trust shall be at such rate as
<br />Lender shall request. If Lender has waived the opuon to accelerate provided in this paragraph 17, and if Borrower`s successor
<br />in interut 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 opuon to accelerne. Lender >ha[I matt Hornnvcr notice of acceleration in accordance with
<br />paragraph 14 hereof. Such nonce shall pn,vlde a penud c,f not Tess than u) days tram the date the notice is mailed within
<br />which forrower may pay the sums declared due. If Borrower tabs to pay such sums prior ur the expiration of such period.
<br />Lender may, without further notice nr demand nn Borrower, Invoke any remedies penniued by paragraph I H hereof.
<br />Nuts-Uraroant CoveNanrs. Borrower and Lender turthu covenant and agree as follows:
<br />18. Acceieratiun; Remedies. Except as provided in parsrkraph 17 hereuG upon Borrower's breach of any coveuani or
<br />agreement of torrower in this Deed uE Trust, includiriq the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender Prior to aecelerati:on shall nta8 notice to Borrower u pnwided in paragraph i4 hereof specifying: (1) the
<br />breach; (2) the action required to cme such breach; (J) a data, (tot lees than 30 days from [rte date the notice is mailed to
<br />Bornrwer, by which suefi breach mtW be cured; and i4i that failure to cure such breach on or before the date specified
<br />is the notice may result in acceleration of the sums secwed by this Deed of Trent sad sale of the Property. '!lie notice
<br />shall farther inform Borrower of the right to reinstate after accderation and the right to bring a court seBon to assert
<br />the non-existence of a default or am other defense of Borrower to acceleration and sate. If the breach is no[ cured
<br />on ur before the dal! specified in the rrohcc, bender at Lender s option may declare tdl o[ the sums secured by this Deed
<br />of Trust ro 6e immediately dot and payable without further demand and may invoice the power of sale and any other remedies
<br />permitted 6y applicable taw. Lender shalt be entitled to collect all reasonable costs and experu~es incurred in pursuing the
<br />remedies provided in Ihkt paragraph 18, incitdirig, btk oat limited to, rensorrabk attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a trotice of default in each county in which the Property or some
<br />part thereof is tocand and shall lost) eopks of such mrticc io the manner prescribed by appBcable law to Borrower and to the
<br />usher persons prescribed by applicable law. Alter the lapse of such time as may be required by applicable law, Trustee shall
<br />Rive public notice of sale to the petsotts and in the manner prescribed try applicable law. Trustee, without demand on
<br />Bprrown, shall 5!B the Property at public auction to the highest bidder at the lime and place and under the terms designated
<br />in the notice of gait Fn one or more parttts sad in aocM order ax Trustee may determiin. Trustee may postpone sale of all
<br />or aqy parrot of the Property by pnbiic annouricemeat at the time and place of any previously scheduled safe. Lender or
<br />Leader's desigine may pnrchtrae the Property d any sale. -
<br />Z+pva rertipt of payment of rite prim bid. Trustee shall deliver io the purchaser Trustee's decd conveying the Property
<br />surd. "t"he mitres in the TroAce's deed shall be prima facie evidence tit the truth of the statements made r!serein. `l'riralce
<br />!droll apply tin proceeds of the sate le the (oBowing ardor. Ial to alt reasonable costs and expenses of t:x sale, including, but
<br />not limited In, Trustee's fees of ttM more than 3l= rf ? `T of the gran; salt price; retrsunaMe attorney's Errs and casts of
<br />tint erideace; Eb) fa all sums atcarcd by this Dee, of 7'tmi; and Ire the LxCess, tf Any, to the person or persons legally entlt{ed
<br />titteto.
<br />!4. Borrower`s Rpth! fu Rehtstale. htotwithstarrGtng Lender'( acceterauor, of the sums secured ry this I)red of 'T'rust.
<br />BorFOwer strait leave the nght to faave any pt,xc~dings lxgun t,y (.ender to enforce this Eked of 1~-~,.~ '+sc.onunued at
<br />soy arm( peon to tltc tarlrer to cxcur of iii the fiftfi day krefoa: (lee cafe' of the 1'rape etc pcrsuant to the In+;= =a!r nrntairard
<br />in thin DC•ctt of Tluxt nt tai entry of a prdgntcrts entewcing chit L)erd of Trust li" tat Borrower pays i,ceder s1t ~. " ~.. which w-ould
<br />Pic then due tinder this Cbxal c7t Cnrst, (lee Non and rspits ucttrrng Fcriuer Advan. e5.:f anp. httd no accriersnun occurred:
<br />fhl Bon'owcr c~urct a!! hreacYret nl any other ecvenants ur agreements of Borrower cuntainecl in (hie Pked €d' l~eust.
<br />tc~j purr±awer psys adl rsastrnabie rtpanaes incurred by 1 rnckr and Pruner to rnf arring the covenants and agrtxmrnts et
<br />tlarruwer it%uiarrtr+l an this 1)red of "Pent( and an enforcing I andnr z and T7u~xfec'e semediet as pcov~dcxi in paragraph !
<br />hereesf, itxctoctruj(, but +w+ lrmrtrd tv, raa,onahh', suvrney's [re,. ,~,ki tJi fkvr ra-.«er faire e,n.h .t . , i sndcr rr:ati teeeonuf>!,
<br />rrqurre L.~ stvmc ttxst me lino ,•t tins Eked ul ?rust. 1 cac#rn „rtrre*: to v P`.:,leeiz. .,,.., . ,., .,.,s:. s ::t.itiaoor. t+, ~ ay
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