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<br /> � 9. 4ondemnelloR. ��he proceeds oi.-�ny awar� or cia�m far demayes.di�ect or conseyuontiai, in connecrion with a�y
<br /> contiomn�tion or other taking ot the Property.u�part thereof,or Sor conveyance in liou of condomnation,a�e hereby asslflned
<br /> �nq sha11 bQ pa�d to�ender.
<br /> In the event of a total taking of the P�operty,the proceeds shall be applied to the sums secured by thia Deed o1 Truat with
<br /> the excoss,it�ny,paid ta Rosvo+��r.In tho eue�t a!a partlsl taking ot the Property,unless Bu�rowrer and Lender othetw#se
<br /> agree in writing,thera shall be appUed tothe sums secured by this Deed oi Trust such proportion otttre prpceeds es isequal ta
<br /> that proportion which the amount of fhe sums secured by this Deed of Trust immediately prlo�to the dateaf taki�p bear$to the
<br /> tair market�alue of the property immedietely p�ior to the date of taking,with the balance ot the proceeds paid to���osKer.
<br /> If the Property is abr�ndoned by Borrower,or if,aRe�notice by Lender to Borrower that the condemno�oifera io make an
<br /> award or settle a claim for damages,Barrower tails to�espond to Le�der within 30 days after the date such notice is mailed,
<br /> Lende�is authorized to collect and apply the proceeds,at Lender's option,either to�estoration o��epair of the P�operty or to
<br /> the sums secu►ed by this Oeed of Trust.
<br /> Untess Lender end Bor�ower otherwise agree in writing,any such epplicetion ot p�oceeds to p�i�cipal shall not extend or
<br /> postpone the due date ot the monthty installments referred to in paragraphs 1 and 2 he�eof or change the amount of such
<br /> +nstallments.
<br /> 10. Bo�row�►Not RN�aa�d.Extension of thetime for payment or modificatlpn of amoRization of the sums secured by t�is
<br /> Deed ot Trust granted by Lender to any successor in inte�est of Borrower ahall not operate to�elease,in any manner,the
<br /> liability of the original Borrpwer and 6orrower's successors interest.Lender shall not be required to commence proceedings
<br /> against such successor or retuse to extend time for payment or othenuise modity amortization of the sums secured by this
<br /> Deed of Trust by reason o1 any demand made by the o►iginal Bo�rower and 6orrower's successors in intereat.
<br /> ` 11. Forb�arance by Lendar Not a Waiver.Any torbaarance by Lender in exercising any right or remedy hereunder.o►
<br /> othervuise aHorded by applicable law. shall not be a waiver of o�preclude the exercise of any such right or remedy.Tha
<br /> procurementof insurance of the payment of taxes or other lien&o�charges by Lender shall not be a waiver of Lender's Nghtto
<br /> accelerate the maturity of the indebtedness secured by this Deed ot T►ust.
<br /> 12. R�madi��Cumulative All remedies provided 1n this Deed o1 T�ust are dlstinct and cumulative to any other right or
<br /> remady u�der this Deed o1 T�ust or allorded by law or equity, and may be exercised concurrently, independently or
<br /> successively.
<br /> 13. Sueeesson and Au) �s Bound; Joint and Several Liabllity; Captions. The covenants and agreements herein
<br /> contained shall bind,and the r�ghts hereunder shal I inure to,the respective successors and assigns of Lender and Borrower,
<br /> subject to the provisions of paragtaph 17 hereot.All covenants and agreements of Borrower shall be joint and several.The
<br /> captions and headings oi the paragraphs o!this Deed of Trust are tor convenience only and are not to bs used to interpret or
<br /> define the provisions hereof.
<br /> 11. NoNe�.Excepttor any notice�equired under applfcable law to be given in another manner,(a�any notice to 8orrower
<br /> provided ior in this Deed otTrust shall be given by mailing such notice by certitied mail addressed to Bmrrower atthe Property
<br /> Address or at such vther address as Borrower may designate by notice to Lender as provided herein,and(b)any notice to
<br /> lender shall be given by certified mail,return receipt requested,to Lender's address stated herein or to such other address as ,
<br /> Lender may designate by notice to Borrower as provided herein.Any notice provlded for in this Deed Of Trust 9hall be deemed ,
<br /> to have been given to Bor�ower or Lender when give�in the manner designated herein_
<br /> 15. tDnMorm D�d o1 Trusi;Governing Law;S�v�nbiYty. The tarm of deed of trust combines unitorm covenants tor �
<br /> RaSiv�.w!u�s ar.�r�az-u:.iT9iiSi L'J.�i:.:tt:v:::t:��Ai�:�Y3f332:flT.S�3�j:tTlE�:C2i^I!!C�O!}4�t!!1?$Lllitnrm aa����I�v inn�ri��aRt
<br /> covering rea�property.This Deed of Trust shall be governed by the law o1 the jurisdiction in whioh the PropsAy�s lac2�ted.ln .
<br /> the event that any provision or clause of this Deed of Trust or the Note conf�icts with appllcable law,such conflict ahall not �
<br /> aitect other provisions of thls Deed of Trust or the Note which can be given eftect without the conflicting provia�ons,and t�this .
<br /> end the provisions of the�eed of Trust and the Note are declared to be severable. _
<br /> 16. Bonow�r's Copr.Bvrrower shall be furnished a contormed copy of the Note and oi this Deed of Trust at the time ot --
<br /> execution or after recordation hereof. . ��==
<br /> 17. T�ansb�of th�P�op��fy;Atsumptlon.lt au or any paA of the property or an interest therein is sotd or transferred by � �
<br /> Borrower without Lender's prior writte»consent,exclLding(a)the creation ot a lien or encumbrance subordinate to this Deed ?'�
<br /> of Trus�(b)the creation of a purchase monby security interestfor household appliances,(c)a transf6r by devise descentor by �
<br /> operation of law upon the death of a joint tenant or(d)the grant oi any leasehold i�terest of three years or less not containing an ,
<br /> option to purchaae,Lende►may,at Lender's option,declareall the sums secur�d by this Deed of Trust to be immediately due �
<br /> and payable.Lender shall have waived such optlon to accelerate if,prior to the sale or tranafer,Lender and the person to ;
<br /> whom the Praperty ia to be sold or transfarred reach agreement in wnting that the credit of such person is satiafactory to , .
<br /> Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shal l reques�If ; ;
<br /> Lender has waived the option to acceterate provided in this paragraph 17, and if Borrower's successor in interest has � �
<br /> executed a written assumption agreement accepted in writing by Lender,Lender shall release Borrower from all obligations '�r •
<br /> under this Deed of Trust and tfie Note.
<br /> If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with .r�►
<br /> paragraph 14 hereoi.Such notice shall provide a period oi not less than 30days from the datethe notice is mailed within which , u
<br /> Bo�rower may pay the sums declared due.It Borrower faits to pay such sums prior to the expiration of such period,Lender � �
<br /> may,without funher notice or demand on Borrower,invoke any remedies permitted by paragraph 18 hereoi.
<br /> NON-UNIFORM COVENANTS.Borrowar and Lender turth�r covenant and a�r�e as follows:
<br /> 18. AccN�ratlon;R�m�diss.Ezcept as provided in paragraph 17 hereof,upon Borrower's breach of any covenant or
<br /> agreement of Borrower in this Oeed of Trust,including the covenants to pay when due any sums secured by this Oeed of Trust,
<br /> Lender priorto acceteration shall mail notice to Borroweras provided in paragraph 14 hereof specifying:(1)the breach;(2)the
<br /> action requi�ed to cure such breach;(3)a date,not less than 30 days from the date the notice is mailed to Borrower,by which
<br /> such breach must be cured;and(4)that tailure to cUre such breach on or betore the date specified in the notice may result in
<br /> acceterat+o�of the sums secured by tt►is Deed of Trust and sale of the Property.The natice shall fu�ther inform 8orrowe�of the
<br /> righ!to reinstate after acceleration and the right to bring a court action to assert the non-existence oi a detault or any other
<br /> detense of Borrower to acceleration and sale.Ii the breach is not cured on or befvre the date specified in the notice,Lender at
<br /> Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br /> demand and may in�oke the power of sale and any other remedies permitte�by apppcable law.Lender shall be entitled to
<br /> collect all reasonable costs and expe�ses incurred in pursuing the remedies provided in the paragraph 18,inclu�ing,but not
<br /> limited to,reasonable attorney's fees.
<br /> If the power of sale is invoked,Trustee shall record a noiice of default in each county in which the Property or some part
<br /> thereof is locatedand shall maii copies of such notice in the manner prescribed by applicable law to Borrower andtotheother
<br /> persons prescribed by appUcable lew.After the lapse of such time as may be required by applicable faw,Trustee shall give ,-_-__.,___
<br /> public notice of sale to the persons and in the manner prescribed by applicable law.Trustee,without demand on Borrower. ,
<br /> shall sell the Property at pub8c auction to the highest bidder at the time and place and undertheterms designated in the notice
<br /> of sale in one or more parcels and in such order as Trustee may determine.Trusteo may postpone sale ofall or any parcel of
<br /> the Property by pub8c announcement at the time and ptace of any previously schedu;ed sale.Lender or Lender'�designee
<br /> mey purchase the PropeRy at any sale.
<br /> Upon receipt ot paymenf of the price bld.Trustee shal I del�ver to the purchaser Trustee's deed conveying the Property sold.
<br /> The recitals in theTrustes's deed shall be pr�ma tacie evidence of thetruth of the statements made therein.7rustee shall apply
<br /> tha proceads of the sale In the follawing ordar:(a)to all reasonable costs and expenses of the sate,including,but not limited to, N
<br /> � Trustee's fee�09 not more than— —46 of the gross sale prlce.reasonable attorney's fees and costs of title evidence: �
<br /> Ib)to 8118ums seCUted by this Oeed oi Trust;end(c)th�exCes�.�f eny,to the person or persons legally entitled thereto.
<br /> 1�. Botrow�►'s R{pht to RNetiats. Notwithstending Lender's acceleration of the sums sacured by this Deed ot Trust, �
<br /> Borrower shall have the�ight to have eny proceedings begun by Lender to enforc6the Deed ot Trust discontinued 8teny time f��'
<br /> prior to the ee�llet to oCCUr O1(i)the fiHh day before the sale ot the Property pursuant to the power ot sale contained in the Deed c13
<br /> 01 Trust(�i)entry of a judc�mgnt entorcing this Dead of Trust�}.(a)Bnrrower pays Lender all sums which would be then due • �+4
<br /> under this Deed o1 Trust,the Note and notos ser,unng Fuiure Advances,i}any,had no accele►ation ocCUrod�lb)Borrower s-
<br /> cures aIl breeCAes of tlny oth9r covanants or bgreements of Botrower contamed in this Deod ot Trust Ic)P�orrower pays au ,.
<br /> reasonaGl�oxpynggg�nCUrred by LenAer and T rust�o entorcmg tho covanants and ag�eements ot Borrowor c;ontained�n tnis
<br />� boed of Tru�l and m onforGinc�Lender s and Tru,tae',rpmod�es a5�rowded�n paragraUr��R'�ereof �nciudir,g,but not��mited
<br /> t�.re�sunabl�;ittUrney's tFes.and Id1 f��rrc�rrer t�k��s sur,h acbvn as Lender n,�y r�ason�+b!y rr�pu�re tu assure that thg hpn nt
<br /> th�s UE�EId t�t TruST.L�n��r'S+ft�fltOyl Ut lttE�P�Uj1f!fty ilti(�fjOflpJdbf S ob��gat�un t0 GiIY 1�H SUfnR Sf'Cuif�;1 by 1hiS l)@Ed 01 Tt��51
<br /> �.ntin c.vnhniif�ur��in��q�rrd Uf•un�iir h p�{rnfiM.���rl curt�t�y R<�rrU�vr,�r th�s ht�Fd bf Trust:�r,r:•r•r.,:'�i q'✓� ,�.�vcurc�d hpreby �
<br /> �.1�,�4 tl•m�l�n�r:1;���t��r�p:t�,�f t�lf�trJ tt�. ,!r.0�+ct e��er.iT���r h:u)ut c.�irrp•1
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