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<br />9. Condamnatioo. Tfie 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 io Leader.
<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 shat! he applied to the sums secured 6y this Deed of Trust such proportion of the proceeds
<br />as is equal [o that proportion which the amourt of the-sums secured by this Deed of Trust immediately prior to the date of
<br />faking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the prt>reeds
<br />paid to Borrower.
<br />If ffie Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor o$ers [o make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after [he date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either [o restoration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by I_cnder to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the iiahility of the original Borrower and Borrower's successors in interest Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />tt, Forbearance by Lender Not a Naiver. Any forbearance by Lender in exercising an}• right orremedy hereunder, or
<br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right [o accelerate the maturity of the indebtedness secured by this Ueed of Trust.
<br />i3, R^-medics Cu:ur.•lativr. ..°.a remedies provided in this Deed of T;vsi are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or a$orded 6y law or equity, and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Jointl 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 and agreements o€ Borrower shall be joint and several.
<br />The captions and headingi 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 />fld. Notice. Except for any notice required tinder applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust steal! be given by mailing such notice 6y certified mail addressed to Harrower al
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />{b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Harrower 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 />I5. Uniform Deed of Trust; Governing law; SecenbiGfy. "this form of decd of trust combines uniform coeenants for
<br />national use anti non-uniform covenants with !inured variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Properly is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note con(iicts with applicable law, such conflict shall
<br />not affect other provisrons of this Deed of Trust or the Note which can he given elfect without the, ronflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />t6. Burros-. er's Cop}'. Borrower shall be (ucroshrd a conformed :ropy of the Note and eF this Deed of Trust ae the time
<br />of execution ar after recordation hereof.
<br />17. Traaster of the Property; Assumption. If all nr any part a( the Property of rut interest therein is sold or transferred
<br />by Borrower without Lenders prior written consent, exciudinp La.) the creation of v Gen ur encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase money securty interc!a for household appliances. (c) a transfer by devise.
<br />descent or by operation o€ taw upon the death of a )Dint tenant or (d) thu grant of any leasehold interest of three years or less
<br />not cuntainm}; an option to purchase, Lender :*tay. at €-ender"s option, declare all the sums secured b}• this Occd of Trust to br
<br />imm__iat_!y titre and pay;:bie. Lender shat! it,..r .waived such .-puon to aaucicrate if, pricer to the sale or transfer, lender
<br />and the person to whom rtes Property is to 6c solsi ur transferred reach ugreentcm m --citing that the credit of such person
<br />is satisfactory u± f _nder-and t;;^.at the interest cayahte r:n the surds s-~urcri by chin Dcrd at Trust shalt be st suet rate as
<br />lender shall request. If Lender has waived the onti,at to accclerutr provided i^ this paragraph ! ;, and if Horrower's successor
<br />in interest has executed a written assumption agreement accepted in venting by Lender, 1_ender shall retcase Borrower from
<br />all obligations under this Deed of Trust and the Note-
<br />If Lender exercises such option to acceleraac, 1 ender shall rmul Bormwer notice of acceleration in accordance with
<br />paragraph 14 hereof Such notice shall provide a periwl of not less than 3u days Iron the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If borrower tails to pay such sums prior to the expiration of such period,
<br />Lender may, without further noiite or demand on Harrower, invoke any remedies penrtitteJ by paragraph I S hereof.
<br />NON-IJNn'ORM L.~aVENAN rti. Barrowef and I,Cnder further covenant anJ agree as tailows:
<br />IB. Acceleration; remedies. F.zerpl as provided in paragraple I7 hereof, upon Borrowers breach 0( arty covenaul u
<br />agreemerd of Horntwer in this 1)erd oti 'trust, including the covenants to pay when due any sums secured by This Ufed
<br />of Trost, [.ender prior to accefrration shat! rnaB ounce to Borrower as provided in paragreph 10 hereof specifyirrg: (I) the
<br />breach; (2) the actfort reyuired to core such breach; {3) a date, not lees than 30 days frnm the dale the notice is mated to
<br />Burrower, by which such breach nru~Y be cured; an6 (S) that failure to rare such breach on or before the date sceciled
<br />iri the uoiice may resuii in acceieraiion of the sums secured by this Dred of 'trust and sale uF the Properly. 'ITe notice
<br />shall further inform Burrower al the right to reinstate after ucceleralion and the right to bring u court action to assert
<br />the nun-existence ut a default .v am other defense of Borrower to acrrleratiarn and safe. If the breach is nut cured
<br />un ur txfore the date specified in the notice, Lender at I.endrr's option may deriare all of the sums secured by this Ured
<br />of "hrost to Ire irnmediatety due and payable without further demand and may invoke the power of sale and any olhee remedies
<br />peraritted by applicable taw. Ixndrr shag be eniilied io collect all reawnnbfe costs and expereses incurred in pursuing the
<br />remedies provided in this par^rgraph Itl, including, but cwt limited lu, mnwnabk attorney's fees.
<br />If fhr power of sale fs invoked, 'trustee shag record a notice of default in each county in which the Yrryrerty or some
<br />part thereof is located and shall maB copies of such notike in the nwmrer prcuribed by applicable law to Borrower and to the
<br />other fversuas prearrihel by ~~xpl'aca~r tow. -A tree the taF-~ of lush iiux as a:ay trti :xya:red by applicable law. 'ttnstee shag
<br />give public rwttcr of vets to the prnoux and in the mamrer prescribed by applicable law. 1'rusYer, without demand on
<br />Borrc veer, shill! se!! the Property at public aurtiur. to the itighrst bidder ai Ibe time and piece and under the terms designated
<br />in the Holier of sale in one or more parcels and in such order as Troche may determine. Trustee may pwipune sale of all
<br />or any parcel of the Property by public aonouncernenl at the time and place of any previously scheduled laic. Lradtr «r
<br />Lender's desigrre may purchase tare Property at any sate.
<br />Upon receipt of payment of the price bid, "trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the 'trustee's deed shaft be prima facie evidence of the truth of the statements Hanle thrrvin. 9'ruslec
<br />shag apply the proceeds of the sate in rice fuflawhrg order:~p ) to aH reasonable costs and expenses of the sale, includhrg, but
<br />cwt timitrd !o, Trustee's fees of Hui mace than .OS '"~ of the Reuss sale price, reasonable atwrnry's fns and coats oi'
<br />title evtdenre; {b) to alt sums secured by this Ueel uE'I'rust; and (c) the excess, iF any, to the perwn or parsons legally entitled
<br />thereto.
<br />i9. Borrower's Bight to Reinslale. Notwithstanding Lvnder's acceleration of the sums secured by thtc Oeed of f roar
<br />Borrower shall have fire right Ice h:rvc any pn,cecdings begun by Lender to enforce this f>ecd of 'tout drscuniuxiai at
<br />arty time prior to the earlier to cecur of Ill fhr fifth day before the sale a( rtes F'rope rty pursuant to fhr power of sate rnnsuncd
<br />in tflis I)ecti of T « rat ur till entry of a judgment enPorcing this tad of Tmst iC hq Burrmscr pays fender :dl runts which svuuld
<br />tea then flue under ihia th-rd of Trust, the Nate and nc+tes securing F'uturc All v:mees, iF any, had no acrelerauon .>4em red:
<br />(h) Bo--uwcr curt ail breaches of any other covemutls or agreements of &trrower contai:ed m chi., Iked of l rust.
<br />fc) ~•` •- pay. a i r -~. ,hf -_ :' uses ~n a+rrd 'ny !cndcr and Tr i t'u in eufareing the -t ~ n nt t d ur ements .~f
<br />Boer rwu r 1 Tined in this Ihed E I'r usl t t I ~n enforcmts ta•.nder -_ ant i t u. f ; ' f._ - y - + . s
<br />her ,(, in-- odirg, b+ t r nmiied te, reawnahte ..ttorney s fens, anti tit B- rr we t -k ~ ,rte r L -te - - .+ r
<br />requrrc n ~ arc that rtes teat of chi. FAcd of -Dust i cndcr s often d n rtes r nrpcr.r ... ¢7 Iioi,.~~, - .. nbtig.u . i .a p.'-y
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