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<br />2. 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 n total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the excess, it any, paid to Borrower. in the event of a partial taking of the Property, unless Borrower and Lenwr otherwia
<br />agree in writing, there shalt be applied to fro sums secured by this Used of Trust such proportion of the proceeds as is squatto
<br />that proportion which the amount of the sums secured by this Deed of Trust Immediately priorto the date of taking bears to Mha
<br />fair market immediately to the date of taking, with the balance of the to Borrowwer,
<br />value of the property prior proceeds paid
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make im
<br />award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after Me date such notice is rne)lei
<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 />Untess Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend Or
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<br />postpone the due date of the mnonfhty installments refamrad to in paragraphs t and 2 hereof or change the amount of such
<br />10. Sor►oweir Released. Extension of thetimetorpaymentor modification ofamortizationo fthesttmssecuredbythis
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to relesrhe, in any manner, the
<br />liability of the 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 interest
<br />11. Forbearance by Lender Not a Wafrer. 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. Remedla 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; .ioint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind. and the rights hereunder shaft inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. Ali covenants and agreements of Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trustare 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 few 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 Borrower at the 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 />13. Uniform Deed of Trust; Governing Law; SeverablNfy. 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 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 other provisions otthis Deed of Trust or the Note which can be given effectwithout the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />1f. 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. Trarrder of Mee Property; Asswnptlon. it 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 security interest for household appliances, (c) a transfer by devisedescent or by
<br />operation of taw upon the death of a pint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />option to purchase, Lender may, a, 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 it, prior to the sale or transfer, Lender and the person to
<br />whom tihe Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and thatthe 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
<br />executed a written assumption agreement accepted in writing by Lender, L ender aha!! release Borrower from all obligations
<br />under this Deed of Trost 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 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 tur#w covenant and agree as Mom:
<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 dueany sums secured by this Deed of Trust,
<br />Lender prior to 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 da%s 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 alter 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. It 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 />collectaff reasonablecosts and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
<br />fimilsd icii reasonable stlorney's fees.
<br />It unit power of ssis is invoked, Trustee shall record a notice of default in each county in which the Property or some part
<br />Viereot is boated and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />parsons 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 t+e persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />roperly elpublfc auction to the highest bidder atthe time and place and under the terms designated In the notice
<br />of safe In one or more parcels and in such order as Trustee may determine. Trustee may postpone sate of all or any parcel of
<br />Me Property by public >wxhatncement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase flha Property at any sale.
<br />Upon neeptotpeytnerht of the price bid Trusilee shall deliver to the purchaser' trustee's deed conveying the Prop" sold.
<br />Therec"sin"Trusleds deed shelf be prints hc seividence of the truth of the statements made therein. Trustee shall soy
<br />Vie is a p deof tlhessilain dtefbllowirg order (a) to all reasonable coatsand expenses of the sale, including. but not limited to,
<br />Tr u laa'atssa of not more Von - %of the gross safe price, reasonable attorney's tees and costs of two evidence;
<br />(b ) to all sums eat lived by this Deed of Trust; and (c) the excess, if any. to the person or persons legally entitled the: sto.
<br />1/ rafli awer'6 RIBM * PAlknb k. Notwithstanding Lender's acceleration of the sums secured by this Dead of Trust,
<br />Bornowershall havetterigMtohahtea proceedingsbegunby Lender losnforce the Deed of Trust discontinued stanytime
<br />prior fo the earlier a oocwo4 {i) the fiMhdsy before the safe of ate Property pursuant to the power of sale conlainad in the Deed
<br />of Tnnf entry, of a judgment enforcing this Deed of Trust it (a) Borrower pays Lender all sums which would be then due
<br />Truef, NMe Future Advances, had
<br />under Dead of the and notes sacunnq if any. no acceleration occured: {b) Borrower
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<br />curs all b►aohas of any other► covenants or agreements of Borrower contained in this ('load of Trust: (c) Borrower pays all
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<br />reawnsible "We" incurred by Lender and Trustee enforcing tie covenants and agreements of Borrower contained in this
<br />Deed W Trust and in enforcing Lender's end Trusta's remedies as provided in paragraph 18 hereof, including, but not limited
<br />to. reasonable attorney's fees: and (d) S mower takes such action as Lender may reasonably require to assure that the iferiof
<br />04s Cued of Trust. Lender's interest in the Property and Bonawer's obligation to pay the sums secured by this Deed of T rust
<br />One# c0h0140e UPWOpaired, Upon touch t_ywhwht end cure by Borrower. this Deed of Trust And the oNigabon% svec:ured hereby
<br />shell remain in fu(! force and ~I as it no acceleration had occorted
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