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9. Cor demna;ian. 'T" proceed n of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or o'ber taking of the Property, or part thereat, or for conveyance in lieu of condemnation. are hereby assigned
<br />and shall be paid t r Lender.
<br />its the event of -,!otal taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<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 of Trust immediately prior to the date of taking bears to the
<br />fair market varue 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 it, after notice by Lender io 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 />Leader 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 b 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 Released. Extension of the time for payment or modification of amortization of the suns secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operates to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors interest. Lend4 r 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 />Deed of'i rust by reason of am den-,and made by the original Bortower and Borrovmr's successors in intatest
<br />11. Forl>earance by Lendr.r NO 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 CurnulatK ti Ali remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust o' afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Asi.igmt Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the: rights hereunder shall inure to, the respective succe�',sors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements vi 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 />%4. Notice. Except for any notice required under appficable !aw lobe giver, in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall see giv-?n by mailing such notice by certified mail addressed to Borrower at the Property
<br />Address or at Such other address as Borrower 'r'iay designate by notice to Lender as provided herein, and (b) any notice: to
<br />lender shall be given by certified mail. return receipt i equested, to Lender's ad 9ress stated herein or to such other address as
<br />Lender may designate by notice !o Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed
<br />!o h ,vc been giver; to Borrower or Lender when given in the manner designated herein.
<br />15. uniform Deed ;! Trust; Goxerriinsl Law; Se,rerability, The form of deed of trust combines uniform covenants for
<br />nat.onai use and non - uniform covenants -vilh limited variations by jurisdiction to constitute a uniform security instrument
<br />coverir•g real property. This feed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In
<br />the e! -nt 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 of this Deed �f Trust Cr the Noie which car, be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust and the Note are reclared to be severable.
<br />16. 5M;,row er'ri Copy. Eorrcwei ;shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or r,+1er ,eCordlition. hemof
<br />17. Tirnngl ©r of the Pz,,)porty; +sgumplion. If all or any part of the property or an interest therein i<t sold or transferred by
<br />Sorrov.er wi!houf Lender's prior written consent, excluding (a) the cf eation of a lien of encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a pur-hase money security interest for household appliances. (c) a transfer by devise descent or by
<br />cperation of law i,;oon the 6"-ath of 3 joint tenant or(d)the grant of any leasehold interest of three years or less nol containing an
<br />option to rwrchase. Lender may, a,t Lender's option, declare all the sums secured by thi,: Deed of Trust to be immediately due
<br />and payable. Lender shall have waived such option to accelerate iS, prior to the sale or transfer, Lender and the person to
<br />whom the Property i� to be sold or transferred reach agreement in writing that the credit of such person is salisfac'ory to
<br />Lendi?r and that the interest payable on the sums secured by thiG [)Gird of Trus! shall beat such rate as Lender shall request. If
<br />Lender has waived th,s option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has
<br />executed n written aisurnption agraemeri' accepted in writing by Lender. 1_pnder shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />It Lender exercises such option to accelerate, Lender shall snail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice stall provide a period of not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the Burns declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or remand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM GOVEPIANTS. Borrower and Lender further covenant and agree as follows:
<br />18. 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 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 dale. 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 />accelerrttien of the sums secured by this Deed of Trust and sale of the Property. The notice shall further �nform Borrower of the
<br />right to reii,�,tate after acceleration and the right to bring a court action to assert the non - existence o1 'efault or any other
<br />defense or Borrower to acceleration and sa !e. If the breach is not cured on or belcre!he date specified it m notice, Lender at
<br />Lender's option may declare all of the sums secured by this Deed of Tr,rst to be immediately due and pa gable without further
<br />dernand :nd may invoke the power of sale and any other remedies permitted by applicable law. Lander shall be entitled to
<br />collect al! reasonable costs and expenses incurred in pursuing the remedies provided in the paragral'h 18, including, but not
<br />limited to, reasonable attorney's fe,e_s.
<br />If the power of ;alp is invoked, 1 rt; stee shall record a notice of d,.'ault in each county in which the property or some part
<br />thereof is located and shall maii 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 tittle 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 Borr(,wer,
<br />shail sell the Prtper�y at puUic auction to the highest bidderat the time and place and under theterms designated in the notice
<br />of sale in one or snore parcels id in such of rlet ati Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />`he Property by I)ubl,c announcement at the timie and place of nrty previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of pa;rment of the pr'--e bid, Tr,. stem shall deliver to thr: purchaser Trustee's deed conveying the Property sold.
<br />Ti.e recitals in the Trustee's deed shaii be prima Pace evidence. of the truth of P,,t: statements made therein. Trustee shall apply
<br />11,9 proceeds of the said in the following order: (e; io all ressr riable costs and expenses of the sale, including, but not limited lo,
<br />,tee's fees of not mr,re than _� -_._ __ 16 of toe gtcst,i Gale price, reasonable attorney's fees and costs of title evidence;
<br />(;;; tq all sums secured �iy this Deed of Trust: and (c) the excess, if any, to the person or persons legally entitled thereto.
<br />19. Borrower's Right trs RelnstnHo. 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 tc occur of (i) the fifth day before the sale of the Prop <rrty pursuant to the power of sale contained in the, Deed
<br />of Trust (ii) entry of a iudgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sumK i , _i, would be then due
<br />under this Deed of T n_ ,sI, the Note and notes securin7 Future Adva%es, if any, had no ttr,; a Ir rrstir;r tx :e_,ur d (I)) Borrower
<br />cures all breaches of any other covenants or agreeinenls of Berm, ;er contained in thi4 Df-cd of Trust (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enforcing ' tie= covenants and agreements of Burrower contained in this
<br />Deed of Trust and in enforcing Lender's and Trustee's remedies t.s provided in noragraph 18 herc-of, including, but not lirr;ited
<br />to, rzsison,rablr ritlorney'S fees: and (d) Borrower takes such action as Lender me y reasonably require to assure that the lien of
<br />this 0c ed of l -usf. Leader's interest in thc. "rop,'rty and Borrower's ob!ig sties ; '.o pay the sums secured by this Deed of Trust
<br />sh<rll contiru,�e,..iriimpaired. Upon such payrni:,nt and cure by Borrower, th r. 3, -,rl o. Trust and the obligations secured hereby
<br />Cn i ! rer m;n in �!I force 2nd effect as if no acceleration had occurred.
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