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<br />9. Condemnation. The 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 to Lender.
<br />.. In the event ofa total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, w,ith
<br />. the excess, if any. paid to Borrower. in the event of a partial taking of the Property, unless Borrower and Lender otherwise
<br />, agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to
<br />that proportion which the amount of the sums secured by this Deed oITrust immediately prior to the date ollaking bears to the
<br />fair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collect and apply the proceeds, at Lender's option. either to restoration or repair of the Property or to
<br />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 or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Relened. Extension of the time for payment or modification of amortization ollhe sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner! the
<br />liability ollhe original Borrower and Borrower's successors interest. Lendershall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in inlerest.
<br />11. Forbearance by lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the 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 or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Sevaral 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 of Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. Exceptfor any notice required under applicable law to be given in another manner. (a) any notice to Borrower
<br />provided lor in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower althe Property
<br />Address or at such other 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 provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. UnRorm Deed of Trust; Governing law; Severability. 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 />covering real property. This Deed of Trust shall be governed by the law 01 the jurisdiction in which the Property is located. In
<br />the event that any provision or GI~!J.li.~9! this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other provisionsollhis D~9.Qlr'R.lI;aW~..'ElN o~.. 'M\'c;f}~CtIT1 be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed 01 Tru~t~aniJtbe!(ldt\! a'1'ti' <Me/Med" to be severable.
<br />16, Borrower's Copy. Borrower shall befultiishe<1'li'b15hformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof. " .
<br />17. Transfer of the Property; 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 subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money securify interest for household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />option to purchase, Lender may, at Lender's option. declare all the sums secured by this DeedolTruslto be immediately due
<br />and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender and the ~rson to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and thatthe interee.t payable on the sums secured by this Deed oITrustshall be at such rate as Lender shall request. If
<br />Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender. L'.Jnder shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of notless than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due If Borrower lails to pay such sums prior to the expiration of such period. Lender
<br />may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFOR~. COVENANTS. Borrower and lender further covenant and agree as follows:
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<br />18. Acceleration; Remedlea. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust. including the covenants to pay when due any sums secured by this Deed of Trust.
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: ('i) the breach; (2) the
<br />action required to cure sllch 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 failure to cure such breach on or belore the date specified in the notice may result in
<br />acceleration ottne sums secured by this Deed oITrustand sale otthe Property. The notice shall further inform Borrower ollhe
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the breach is not cured on or before 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 invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
<br />limited to, reasonable attorney's fees.
<br />If the power 01 sale is invoked. Trustee shall record a notice of default in each county in which the Property or some part
<br />thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, 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 publiC auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone 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 receipt of payment otthe price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to al.1 reasonable costs and expenses of the sale, including, but not limited to,
<br />Trustee's fees of not more Ihan % ollhe gross sale price, reasonable attorney's fees and costs ottitle evidence:
<br />(b) to all sums secured by this Deed of Trust: and (c) the excess. il any, to the person or persons legally entitled thereto.
<br />11. 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 to enforce the Deed of Trust discontinued at any time
<br />. prior to the earlier to occur of (i) the lifth day before the sale of the Property pursuant to the power of sale contained in the Deed
<br />01 Trust (ii) entry 01 a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due
<br />under this Deed 01 Trust. the Nole and notes securing Future Advances, if any, had no acceleration occured:(b) Borrower
<br />curell all broaches of any other covenants or agreements of Borrower contained in this Deed 01 Trust: (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enlorcing the covenants and agreements of Borrower contained in this
<br />Deed of Trust IInd 10 enlorcing Lender's and Trustee's remedies as provided in paragraph 18 hereol. including. but not limited
<br />to.rollsOIlRble altorney's lees; and (d) Borrowor takes such action as Lender may reasonably reQl/lre 10 assure Ihat the lien 01
<br />Ihis Deed of T rusl. Londer's IOleresl in the Property and Borrower's obligation to pay Ihe SUIllS securod by thiS Deed 01 Trust
<br />shall COnhlllJO unimpaired Upon such payment and Gure by Borrower.lhis Deed 01 Trust .1I\(1 Ill" obll\lntlo"s secured hereby
<br />shall 'e1l1l11l1 In 1"lIlo,ce and effect as il no acceleration had occurred
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