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9.5 the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's <br />interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and <br />securing the Property, receiver's fees and expenses, inspection fees, appraisal fees, court costs; attorney fees and <br />costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of purchaser; <br />9.6 all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and <br />9.7 such other costs and expenses which may be authorized by a court of competent jurisdiction. <br />Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on <br />the Property or by law or otherwise to cure any default under said prior encumbrance. <br />Any amounts disbursed by Lender pursuant to this § 9, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to <br />Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest <br />specified in § 2.2 (Note; Other Obligations Secured). Nothing contained in this § 9 shall require Lender to incur any <br />expense or take any action hereunder. <br />10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the <br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause <br />therefore related to Lender's interest in the Property. <br />11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of <br />Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed <br />of trust. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed <br />of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds <br />remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between <br />Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior <br />to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's <br />equity in the Property means the fair market value of the Property less the amount of sums secured by both this Deed <br />of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to <br />the date of taking. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor <br />offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the <br />date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to <br />restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Any such application of proceeds to principal shall not extend or postpone the due date of the installments <br />referred to in §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change <br />the amount of such installments. <br />12. Borrower Not Released. Extension of the time for payment or modification of amortization of the <br />sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to <br />release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original <br />terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse <br />to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of <br />any demand made by the original Borrower nor Borrower's successors in interest. <br />13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or <br />remedy. <br />14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and <br />cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and <br />may be exercised concurrently, independently or successively. <br />15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br />of Lender and Borrower, subject to the provisions of § 24 (Transfer of Property; Assumption). All covenants and <br />agreements of Borrower shall be joint and several. The captions and headings of the sections in this Deed of Trust <br />are for convenience only and are not to be used to interpret or define the provisions hereof. <br />16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery <br />to Borrower or (2) mailing such notice by first -class U.S. mail, addressed to Borrower at Borrower's address stated <br />TD72 -8 -10. DEED OF TRUST (DUE ON TRANSFER— STRICT) Page 3 of 7 <br />Escrow No. F0487990- 397DGO <br />