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<br />9- Cotsdea,lMt The perocads of any award or claim for damages. direct or consequential, in connection with any
<br />aw- detnnation or other taking f the Property, or part thereof, or for conveyance in lieu f condemnation. are hereby assigned
<br />and Shull be paid to header.
<br />In the event of a total takin of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust.
<br />with
<br />dithw excess, if any. paid to grower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />as is equal toottha't proportion shall be the amount the sums secured by this Deed of Trust mmed atportion y oio he proceeds
<br />talons bean to the fair market value of the Properly immediately prior to the date of taking, with the balance of the proceed!,
<br />Paid to Borrower. p
<br />If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />Milled. Londer is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the
<br />Property Of to the sums secured by this Deed of Trust.
<br />Unka tender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />Of postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />1r•- Derrewer NM Rtkssed. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11- Forbesrsnet by header Not a Walver. 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
<br />The procurement of insurance or the payment of taxes or other liens or char es by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of I rust.
<br />12- Raasadia CumuMve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />5tatxasir�y
<br />1S- 1> occeasors and Assigns Bound; Joint and Several Liability; Ca
<br />contained shalt bind, and the rights hereunder shall inure to. the respective y' Captions. The covenants and agreements herein
<br />subject to the Provisions of paragraph 17 hereof_ All covenants anagreementsoof Borrowenshall Lbeaointnand several.
<br />The captions and headings of the paragraphs of this Deed of Truest are for convenience only and are not to be used to
<br />iNerpM or 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
<br />Borrower provided for m this Deed of Trust shall be ge%en h% mailing such notice by certified mail addressed to Borrower at
<br />tits Property Addroa or at such other address as Borrower may, designate by notice to Lender as provided herein, and
<br />(b) say notice to Lender nosh be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Leader may designate by notice to Borrower as provided herein. An notice
<br />Dead of Trust shall be deemed to have been given to Borrower or Lender when given in the manner provided
<br />desig ated herein.
<br />IL UOUWM peed of Trust; Governing Law; SeversbilitY This form of deed of trust combines uniform covenants for
<br />national rtes and non - uniform Deed of covenants Trust limited variations by jurisdiction to constitute a uniform security instrument
<br />oorsriiag teal property. This Delni of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the Brent that any Provision or clause f this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />no affect other pr oviswna of this Dees! of Trust or the Note which can be iven efiert without the conflicting provis►crn,
<br />and to this end the provisions of the Dad of Trust and the Note are declare to be severable.
<br />ld Bor*rwer's COPY. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Trtaarer of Of !r*p . Aswnptbe. If all or an
<br />by Borrower without Lended - r s prior written consent. exclude $ (a) the creation of and en or tenccumbrance subordinates to
<br />this Deed of Trust. (b) the creation of a purchase mono) securuy interest for household appliances. (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold in of three years or less
<br />not containen an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />nn nedibidY and Payable. Lender shall have waived such option to accelerate if,
<br />and the person to whom the Property is to be wed or transferred reach agreement In writing � to (he thelcredit of such perssoon
<br />issndsr to Lsuucr acrd that the interest payable on the sums secured by this Died of Trust shall be at such rate as
<br />„
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Bender, Lender shall release Borrower from
<br />all obli tiotns under this Deed of Trust and the Note.
<br />if L ender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />PGftVspb 14 hereof, Such notice shall provide a period of not less than 30 days, from the date the notice is mailed within
<br />which Borrower may y the sums declared due. If Borrower fails to
<br />Lender 1nuY. without further noise or demand on Borrower, Ingo) a anya�e ucch S ms Prior to the expiration of such period,
<br />Permitted by paragraph 18 hereof.
<br />NoN- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows
<br />I& Acceheredsr. Remedies. Exctp a provided in paragraph 17 hereof, covenant
<br />agrstbssert f Borrower la This Deed f Trust. including the cosenabes 1s pay01ww a nit any st rbs secured by this peed
<br />s/ Ttoo, Lender prior to aeeeierstiea Shag anW notice to B ®rreuaer Its Provided in
<br />btea►eb; (2) the aefien r tiro fai'�rph 14 hereof specifying: (1) be
<br />tguirtd to care such breach; (3) a date. not lea than 30 days fresh fht dote the notice le bailed Io
<br />gwirwur• by wbkh such breahh taped k cured; and (4) that failure Io cure Such bleach on or before the date specifkd
<br />M the alotke assY 11150111 in acceleration of the mats secured pat this [treed of Trust and talk f the property. Tint not
<br />abelN ttnrtbtr i11/0r1b Borrower of the fight is reinstate niter ao cekraliwi mud 1101
<br />She
<br />ne01- talsMlnee of • IelueN ur ay ollitr de /sure of Borrower to aectitntiM �j to 1f a court action to assert
<br />as Trim 4� dank speclfitd In the eolice. Lender at 1..tner's option may declare sill of The $gnu se secured b this Deed
<br />Of Trim 1 �' i4de y d t and Myaw without further demand sad My Invoke the power f Salle and say other remedies
<br />Lender d" be entitled to co#ecl an r cosu and expenses incurred In
<br />Fang t previllN o"F- 1151aph 1S, hsichiding. but tat limited to. rtasobabie taflord /pjta, (►wstel the
<br />: tilt of Oak is Invoked. Trustee shag record a bolke of dNwh In each
<br />Pon BWOW and abo uA g sepia of Such notice in the bnMbtr Prescribed ce01Ny In which the Property or some
<br />WM psrtw �i'ibod b MNicsMt bus. After 'be la abhc law IQ horrower and Io tbe
<br />Iive !� notice f safe 60 pie o! h tribe as) be SPY pplicable law, Trupet
<br />n "W no. s>ruhf aW the �"Wic ct is the a highs prescribed at he applicable law. Trustee. without demand on
<br />hat Or tY aN ptrh t suction 10 the order bidder at the tie# and place and under the term designated
<br />o tine toothier f ask In ens sr looterp� land in spick order ss Trustee rba' dtlerbt�ee. Trusltt sera
<br />K my parcni f the Property by POW a pswntemeat M Ike liaat and
<br />mar rosy pterch at the AY N any Sale Pfit f Inn s' y Pd We.e salt Leader sit
<br />VPM nee* of M11 sateSlY Sclntdtded Ste. Ltbdtr or The ` o Teial"Of go deed Price
<br />►aN o prima I shall dells Mt purchaser Trusit"Is deed eonv:
<br />evidence f the trwh f the statements madeythert n.'T�1ee
<br />"Am MMY one "Iteds of the oak In the fe"Wift order: (a) to W reasonable cocas and esptnaes f the Bade, Including,
<br />OW ts. Tr01Net's lets f not more then of the groat sak ptict, re but
<br />Mtia 0" "S sM as011MS secured b® t Deed of Trust; and it) the ex r attorney's lees and rests f
<br />�sesla. Bess+ ti array, ro the person or persobs ktniry entitled
<br />It' Mrnose's ItigW 1s ROkMOt. Notwithstanding Lender s acceleration of the %urns wcuted by the, Decd lot '1 rttel
<br />Borrower shall have the right to have any proceedings heigun try !.ender to enforce this [,seed of Trust e1►te;onlanheed at
<br />say lime
<br />this pr to the earlier to Occur of (t) the fifth day before the sale ri the Prey n�
<br />be of Trot or fit) of a r nKnt enforcing s [seedy Trust If la) Borrower pay® I ender' all sums whwhlwelrlld
<br />tin due r this lictd tit Trull. 1' Note And nester I Ilr,nq Future Advance% if an% hart no ar e:eltrat►an ek,, urrcd
<br />(b) r curers all bre"fies of any I�thtr covenants air
<br />(c) rr r Pay$ all re nabit espensts ►nbllrre.d by I el'ldet aande Itrcla/stte'in enfoisi nit elPrc,�'le�enanlshatictl attriernertrslet't
<br />r c lathed in this U)"d of Trust erne! In erll(liolnjt I ender s and 7rusice s rvrtre,lytie as endriJed ,n paraital>h IN
<br />ho' r bual t limited to. sea bk a /tcrrney's tees. and tdi row�tr takes such a`1„,rt ss Lender etas leastenahlt
<br />tt is Thor the lien of then UAW4 of 'Trust, I er®der's interett ►n the PrespelT% wid HIc(rre,wer'r obltgallon Io tea►
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