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<br />6. 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 of a total taking of the Property, the proceeds shall be applied to the sums secured by this Dead of Trust, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Landiffir ~wise
<br />agree in writing, there shall be applied to the sums secured by this of Trust such proportion of the proceeds as is equal to
<br />that p►fapotlion which the amount of the sums secured by this Qeed of Trust immediately prior to the data of faking m to Nhe
<br />fair, markdN value of ilia property imm�iataly prior to Fhe data ofi taking, with the balance of Bhe pi tg Bcxrower.
<br />If the Properly is abandoned by Borrower, or II, aNer nonce by Loader to Borrower that the con nor s Ica a an
<br />award ar settle a claim for damag ,Borrower tails to respond to Lander within 30 days drier the date such notice is maifetf,
<br />Lander is auNeorized to collect and apply the proceeds, at Lender's opllon, either to restoration ar r Ir of the Pr 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 of
<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 Released. Extension of the lime for payment or modification of amortization of:he sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shalt not operate to rates", in any manner, the
<br />liability of the original Borrower and Borrower's successors interest. Lender shall 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 />of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<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 er 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 Several 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 age arnants 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. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borroweratthe 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 />5. U Awed al3swk^6eyerning Law; Soverablgiy. The form of deed of trust combines uniform covenants for
<br />d..
<br />by to instrument;;
<br />nationaj.ftre►foM13bntioriai ants with limited variations jurisdiction constitute a uniform security
<br />cover real p4opeAy.:Ttlfa E)ysd of Trust shall be governed by the law of the jurisdiction in which the Property is located. in
<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 />affect o0 er provisions of this Deed of Trust or the Note which can be given effect without the conflicting provisions, and to this
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<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed 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 lothis Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death W e 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 Deed of Trust to be immediately due
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person 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 that the interest payable on the sums secured by this Deed of Trust shall 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
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<br />executed a written assumption agreement accepted in writing by ender lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />tt 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 not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due. If Borrower fails 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 - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />16. Acceleration; Remedies. 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 priorto acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required 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 failure to cure such breach on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the
<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. II the breach is not cured on or before the date specified in the notice, lender at
<br />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 of 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 />notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
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<br />sha8 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 in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />pie Pr by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />mlaI Ne
<br />purchase e Property at any sale.
<br />upon r at payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conve in the Pr arty sold.
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<br />The roc s in Tru 's shall be prima facie evidence of the truth of the statements made therein. rustee shall apply
<br />t he pr of Nre sale In Nee following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />Tr 's of not more than of the gross sale price, reasonable attorney's and costs of title evidence;
<br />(b) to sit ured by this of Trust; and (c) the exc , if any, to the person or persons legally entitled thereto.
<br />16. 's b . Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower i he" ttre right to haw any proceedings begun by Lender to enforce ltro of Trust discontinued at any time
<br />in the Deed
<br />prior b fer to occur of (I) the W day before the safe of the Properly pursuant to the power of sale contained
<br />of Tr ii) of a judgment enforcing this of Trust if• (a) Borrower pays Lender all sums which would be then due
<br />u tie of Trust, the and notes securing Future Advances, if any, had no acceleration occured:(b) Borrower
<br />cur all br of any other covenants or ago ents of grower contained in this D of Trust (c) Horrowsr pays all
<br />reaso expen incurred by Lander and Trustee enforcing the covenants and agreements of Borrower contained in this
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<br />Dead of Trust and in enforcing L.ender's and • Trustee's remedies as provided in paragraph t H hairnet. nc:eu <fing. but nor timnded
<br />To. r naive attorney's fees; and Id) Borrower takes such action as l.. ender may reasonably iequ,re to ti%%wo flint trip lien of
<br />efts of 1 rust, Larider's interest in fhe Property and Florowar's obligation eta pa the %um9 sac ,.uril by this Dowl of 1 iusi
<br />ha4lcontinuiiunmipmtwI (. /pCln �4lCri p�ylilerltand CU /P. by ii(31'fnW f_Sh1 T7P :'I pl ril5t :tall tY! 1P. {<E eYI, °cFal llltaif llel�t7y
<br />stia" roman in fail force and efloct as ,f r,o acf,elornnryn had occurred
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