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<br />9, Cimdemnatbo. The procceds of any award or claim far damages, direct or consequential, in connalion with any
<br />condemnation or other taking of the Properly, or part thereof, or for conveyance in hen of condemnation, are hereby assign
<br />and shall be mid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Detd of Trust,
<br />with the txcess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrowtr and Lender
<br />otherwise agree in writings there shall be applied to the sums secured by this Decd of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Detd of Tnat 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 balantt of 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 often [o make
<br />an award or stale a claim for damages, $orrower [ails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply [hc 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 $orrower otherwise agree in writing, any such application of proceeds to principal shalt not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof ar change [he amount of
<br />such tttstallments.
<br />10. Harrower Not Released. Pxtension 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 Horrawer and Borrower's successors in interest. Lender shall no[ 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 Deaf of Trust by rtazon of any demand made by the original Borrower and Borrower's successors in imerest.
<br />11. -Forbearance by Lender Nor a Waiver. Any forbearance by Lender in exercising any right or remedy hcrcurttkr, or
<br />atherwise afforded 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 tarts or other liens or charges 6y Lender shall rr±t ~ a waiver of Lender's
<br />right to accelerate the maturity of tht 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 />sUCCCSC7rtIyy
<br />17. Succesors and Assigns Bound; ]Dint and Several Liability; Captions. The covenants and agreements herein
<br />somained shall bind, and the rights hereunder shall inure to, the respective successor and assigns of Lender and Borrowtr,
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Barrawer 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 tx used to
<br />interpret or define the provisions hereof.
<br />14. Notke. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Harrower provided for in this Detd of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Add.-as or at such outer address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice [o Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address az Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trost 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 covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shalt be governed by the law of the jurisdiction in which the Property is located.
<br />In the even[ that any provision or clause of [his Deed of Trust or the Note conflicts with applicable law, such conflict shalt
<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 the provisions of [he Deed of Trust and the Note are declared to be severable.
<br />1S. Harrowty'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 Tropertq; Assumpt9oa. If all or any part of the Property or an interest therein is sold or trensferred
<br />by Borrower withaul 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 />dacert cr by eptntion of law upon the death of a join[ tenon[ 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 Dted 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 Beed of Trust shall be at such rate as
<br />Linder shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in inlerost 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 option to accelerate, Lender shall mat) Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notitt shall provide a period of no[ 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, withwt further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />MoN-Unteoata CovrNrtnis. Harrower and Lender further covenant and agree as follows:
<br />lg. Acceleration; Remedies. Hxcept as provided in paragraph f7 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrowtr in this Deed of Trust, i~ludirtg the covenanb fo pay when due say surds secured by this Beed
<br />of Trust. ].eider prior to acceleeaiion shall mail rrotice to Borrowtr ss provided in paragraph 14 hereof specifying: (1) the
<br />brtxh; (2) !hc action required to cure such breach; (3) a date, not lass titan 30 days from the date the notke is salted to
<br />Borrow~rr, by which wch breach must be cured; and (4) That failure to cure such breach oa or Mort the dolt specified
<br />in the notice may result in acceleration of the wens secured by this Deed of Trust and sde of the Properly. The notice
<br />shall further inform Barrawer of the right to rcinstale after acceleration and the right to brims a court acttou to assert
<br />the nonaxisience of a default or say other defense of Borrower to acceleration asd sale. If the breach is not cured
<br />oe or before Its date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />of Trust to bs immcdia4ety due and payable without further demand and nosy inrafte t[se power of salt aed say other remedies
<br />permitted by applicable law. Lender shall be mulled to collect aB reasonable casts sad expenses incurred to punning the
<br />remedks provided is this paragraph Ig, incladirtg, teal not limited to, reasonable adtorney's feet.
<br />If the powu of sak ~ iaroked, Trttstec shall record a npltce of default is each county in which else Property or some
<br />part thereof k boated and shall mail copies of such notice is the manner prescribed bS' applleabk law to Borrower sad to the
<br />alter persons prescribed by applicable law. After the lapse of such dime a5 may be reyutred by appliwble law, Trustee shill
<br />e pablie oolke of sale to the persons and in the manner prescribed by appliceble law. Trustee, withtwf demand oa
<br />mower, shall sell the Properly m public atrctioa Va the highest bidder at the time and piece and under the terms designated
<br />in the notice of sale b one or more parcels and is each order as Trustee rtuy dNermiae. Trustee may pasipose oak of all
<br />or my parcel of the Properly by public annaurtcemeat at the time and place of any prerioasty scheduled sale. Leader or
<br />Lender's dasigaae mry )wrcbsae the Property al sny stk.
<br />Upon receipt of payment of the price bid, Trustee shat! deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals is the Trustee's deed shalt be prima facie evidence of ih! truth of the statements made Ihercin. Trustee
<br />shall apply the proceeds of test sak in the following order; ta) to ail reasonable costs and expenses of the sate, inctudtr~r+, but
<br />not tlnsited b, Trustee's fees o6 not more than li of 1 % of the gross sale price, reasonable attorney's fees and costs of
<br />title erldeace; (b) to ail sums secured by this Used of Trust; and (q the excess, if any, to the person or persons legally enlHled
<br />tberNq.
<br />t4. Borrawefs Rtgbt to Reinslale. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall hour the right to have any proceedings begun by Lender to enforce this Dead of 'P'rat discontinoed at
<br />any lime prior to the earlier to occur of {i) the fifth day before the sale of the Property pursuant to the power of salt comained
<br />in this Decd of Trust or (ii) entry of a judgment enforcing this Deed of Trust it: (a) Borrower pays Lender all sums which would
<br />be then due under this Decd of That, the Note and noses secunng Future Advances, if any, had no acceleration occurred:
<br />(bl Borrower cults alt breaches of any othec covenants or agreements of Harrower contained in this Ueed of Trust:
<br />(c) Horrawer pays a0 reawnabk expenses incurred by Lender and "1'rustec in etforcing the covenants and agreements of
<br />8arrawu contained in this Dtxd of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph iS
<br />hereof, inctttding. but not limited to, reasonable attorney's fees, and Id) Barrawer takes such action as I_endtr may reawnably
<br />require to assure tttai the lien of this Decd of 'trust, Lender's interest m the Property and Borrower's obligation to pay
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