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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />Property or or for conveyance in lieu of condemnation. are hereby assignO
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<br />condemnation or other taking ofthe parithereot.
<br />and shall be paid to Lander.
<br />In the event of a total taking of the Properly, Elie PfQcQ0d3- :.hall be appliedto the sums secured by this Dead of Trust. with
<br />taking of the Property. unless Borrower and Lender otherwise
<br />the exce&% if any, paid to Borrower. in the event of a partial
<br />agree i n writing. there shall be applied to the sums secured by this Deed of Trust such proportion 01 the pfoce6dS &S is equal 10
<br />bythis Deed olTrust Immediately prior to thisdale ottaking beam loft
<br />Mal proportion which the amount ofthe sumissecuired
<br />fair market value of the property, immediately prior to the date of taking. with the balance of the, proceeds paid to Borrower•
<br />Borrower, it, notice by Lender to Borrower that the condemnor offent to make an
<br />it the Property is abandoned by or after
<br />award of settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is Mailed,
<br />at Lender's option, either to restoration or repair of the Property Or to
<br />Lender 13 authorized to collect and apply the proceeds.
<br />the sums secured by this Deed of Trust
<br />Unifte L--nder anti Borrower otherwiseag.ree In writing, any such application of proceadstO Pril'". 1141 shall notaxiand or
<br />I 2 Hereof or chailge " amountof such
<br />postpone the due date of the monthly installments referred to In paragraphs and
<br />installments.
<br />10. SomwerNot Ralleallied. Extensional thetilme for payment or madificationof amortization of Ilia sums secured 13Y tills
<br />In Interest of Borrower shall not operate to :�s w.se. in any manner ilia
<br />Deed of Trust granted by Lender to any successor
<br />successom interest Le-larlorshall not be required qo-octitmence proceedin
<br />liability of the original Borrower and Borrowt., . , CS
<br />to (fine lot- payment or otherwise modify amortization of ft sums secured by this
<br />r.
<br />against such successor or refuse extend,
<br />Deed of Trust by reason of any demand made by 41• qffgInal Borrower and Borrower's successors In Interest
<br />by Lender In exercising any right of remedy hemunder, of
<br />11. For lwariance by Lender Not a Weliter. Any kmlaDnezrance
<br />otherwise afforded by applicable law, shall not be a wmitev of or preclude the exercise of any such right or remedy. The
<br />Insuranceof the ottaxes or other liens or charges by Lender shall notbeawatmrotLendeeisrightto
<br />procurement of payment
<br />accelerate the maturity of the Indebtedness secured by this Deed of Trust
<br />12, Remedies Cumililladve All remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />m I exercised concurrently, independently or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be ex
<br />successively.
<br />13. Successors lend Assigns Bound; Joint and Several Liability; C&POW& The covenants and agreements herein
<br />hereunder shall Inure to, the respective successorsaitillassigns of Lender and Borrower.
<br />contained shall bind. and the cights
<br />f Borrower shall be joint and several The
<br />subject to the provisions of paragraph IT hereof. All covenants and agreements ci be3edlointerprallor
<br />this Macd of Truet are for convenience onN andazenotto l.1
<br />captions and headings of the pat ragiraphs ol .
<br />define the provisions hereof.
<br />14, Notice. Except for any notice required undetapplicable law to begiven in a.nfaiheTmanrieT.(a?any noticeto Borrower
<br />be by mailingsuch notice by certifi edr,naiRadd(meotogorrowerat*wP(OpedY
<br />providedfor in this Deed ofTrustshall given
<br />heroin, and (b) any notice to
<br />Address at at such other address as Borrower may designate by notice to Lender as T
<br />to Lender's address stated harein D? to such other address as
<br />tender shalf. b."iven by certified mail. return receipt requested.
<br />Borrower as provided herein. Any nobco provided for In Ibis Oved ofTrust shall be deemed
<br />Lender mai dnkgnate by noticiato
<br />to have been qaten to Borrower or Lender when given, in the manner designated herein.
<br />15. UnWorm Deed of Trust Governing Laton. Swarablift. The 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 />: In
<br />covering real property. This Deed of TIUSI shall be governed by the law of the juriszl iction in whic h the Property 13 located
<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law such conflict shall not
<br />Deed Trustor the Note which can be given effect without the conflicting provisions, and to this
<br />affect other provisions ofthLs of
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />be furnished conformed copy of the Note and of this Deed of Trust at the time Of
<br />11111. Borrower's Copy. g6rilowel, shall a
<br />execution or aiter -cc td0ory heie0l-
<br />17. Twsn*W of the Pcop*M; Assumption. If all or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinatelothis Deed
<br />of Trust (b)the creation olla purchase moneysecurity intefestfor householdappliances. (c)atfanster byrfevLsedesicentorby
<br />of any leasehold interest of three years of less not containing an
<br />operation of law upon the death of a joint tenant or (d)the grant
<br />option to purchase. Lender may. at Lender's option.declareall the sums secured by this Deed olTrusIto be immediatelydue
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale of transfer. Lender and the person to
<br />is be transferred reach agreement in writing that the credit of such Person is satisfactory to
<br />whom the Property to. sold or
<br />Lender and thatthe intereslipayable on the sums secured bythis Deed ofTrust shall beat such rate as Lender shath request It
<br />to in this paragraph 17, and it Borrower's successor in mutest has
<br />Lender has waived the option accelerate provided
<br />executed a written assumption agreement accepted in writing by Lender. Lender s hall release Borrower from all obligations
<br />under this Deed of Trust and the NoW
<br />It Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />hereof. Such notice shall provide a period of not less than 30daysfrom the datethe notice is mailed within which
<br />paragraph 14
<br />Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />further demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />may, without nolt've or
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />I& Accelfiration; Remedies. Except as provided in paragraph. 17 hereof. upon Borrower's broach of artir cadensnt or
<br />inthis, Deed DIrmust, including the covenantsto. pay when dueany sums secum by *Eabetwomwt
<br />agreementof Borrower
<br />Lender priorto acceleration shall mair notice to Borroweras, provided in paragraph 14 hereofspecitZ E?reach: (2)the
<br />to such breach; (3)a date, not less than 30 days from the date the notice is mbl ed to Sour bV which
<br />action required cure
<br />such breach must be cuffel. and (4) that failure to cure such breach on or before biedate specified in the nolice may, result in
<br />of the sumssecured bl this Deed of Trustand sateol the Property. The notice shall further inform Son-owet ofthe
<br />acceleration
<br />right to reinstate after acceleratioa and ibe Fight to bring a court action to assert ble non- existim, Ce of a default or. any Other
<br />Borrower to ac:�Welal&vri. and; sale. If the breach is not cured on or before the date spqnfirW in the notice. tender rat
<br />defense of
<br />Lender's option may declare a.9.11af the. sums secured by this Deed of Trust to be immediately due wid payable without further
<br />invoiteltie of, sale and any other remedies permitted by applicable Tirm Fender shall be ertw dim
<br />demand aild may power
<br />collect all reiisonabldcasis and expenses incurred in pursuing the remedies provided in the paingfaph 18, including. but not:
<br />limited to, reasonableatinnisy's fees.
<br />Is, Inktaked, Trustee shall recoul wriolice of default in eacll,(Wunty in whiclithe Prope-i'ly. orsame Pei-t-
<br />If the power of sale
<br />thereof is locatedandshall mail copies of such notice irithemanner. prescribed by applicable 44ta . i3orrower-and Wifteol: . her
<br />by applicable law. After the (apse of such time s. may be required by applical2le law. Trustee shall 4fvia-
<br />persons prescribed
<br />public riollcrvol sale to the persons and in the manner prescribed 111f applicable law. Trustee; will ill demand on Borrower;
<br />shall sell the Propertyat public auction tv the highest bidder at thetime and place and undef tYliaLVirtsdesignated inthertatice
<br />of sale in one or more parcels and in Such order asTrustee may determine. Trustee may postpbhe sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receiptot payment of the prima hid, Trustee shall deliver tothe purchaser Trustee's deed conveying the Property sold.
<br />The recitals In therTrustee'a deed shall be prima facleevidence of thetruth of the statements madetherein. Trustee shall apply
<br />the proceeds of the sale in the following order. (a)toall reasonablecosts and expenses of theaale, Including, but notilmitedto,
<br />Trustee's foes of not more than %of the gross sale price, reasonable attorney's fees and costs of title evidence:
<br />(b) to all sums secured by this Deed of Trust and (c) the excess. it any, to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender toenforce the Deed of Trust discontinued at anytime
<br />to occur of (i)thetifthday before the sale of the Property pursuant to the power of sate contained in the peed
<br />prior to the earlier
<br />of Trust pr) entry of a judgment enforcing this Deed of Trust it (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust the Note and notes securing Future Advances, if any, had no acceleration occlired:(b) Borrower
<br />this Deed of Trust (c) Borrower pays all
<br />cures all breaches of any other covenants or agreements of Borrower contained in
<br />reasonable expenses Incurred by Lenderand Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof• including, but not limited
<br />fees; and (d) Borrower takes suchaction as Lender may reasonably recluireto assure Ihatthelien of
<br />to. reasonable attorney's
<br />this Deed of Trust. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust
<br />shall continue unimpaif ed Upon such payment and cure by Borrower. this Deed of Trust and the obligations secured hereby
<br />shall remain in full force and effect as if no acceleration had occurred
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