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<br />9. Condemnatbo. The proceeds of any award or claim for damages. direct or conseyuentiai, in connection with any
<br />condemnation or other taking of [he Property, or par[ 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 Deed of Trust.
<br />(~"- with the excess, if any, paid to Borrower. In the event of x partial taking of the Property, unless Borrower and Lender
<br />1 otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that propomon which the amount of the sums secured by this Deed of Trust immediately prior to [he date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or it 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 />- mailed, Lender is authorized to :.ollect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />- Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend
<br />or postpone the due date of the monthly installments referred u> in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the dine for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by 1_ender 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 arnortizahon 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 />I1: Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shalt not ; .: waiver of :,r preclude the rcise of any sect! right ar remedy.
<br />The procurement of insurance or the payment of taxes ur other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies pmvidad 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 he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shalt 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 he joint and several.
<br />The captions and headings of the paragraphs of this Deed of 7~rust are tar convenience only and are not 20 be used to
<br />inferpxei or define [he provisions hereof.
<br />14. Notice. Except for any nmicc required under applicable law to tx given m another manner. (a) any notice to
<br />8orrewer provided for in this Dced of Trust shall be given by mailing such nonce by certified mail addressed to Borrower at
<br />the Property Address ar a[ such other address as Borrower map designate ny notice to Lender as provided herein, and
<br />(b) any notice to Lender shalt he given by certified mail, return receipt requested. to I_enderi address stated herein or to
<br />such other address as Lender may designate by notiw to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or f-coder when given in the manner designated herein.
<br />IS. Uniform Deed of Trost; Governing f,aw; Severabtlity. i his form of deed of trust combines untform mvenanis for
<br />national use and non-uniform covenants with limited v:rr!atiuns h}' lurisdiction to constitute a uniform security instrument
<br />covering real propetty. This Deed of Trust shall he governed by the law of the lurisdiction in which the Property is located.
<br />in the event that any provision or clause of this Deed of ['rust ar the Note conflicts with applicable law, such conflict shall
<br />nqt a~eiet=outer provisions of this Deed of Trust or the Note which can be given efTec[ without the conllicting provision.
<br />anpd Si):,fl)is end the provisiora of the Dced of Trust and the Nnte :ire declared to he severable.
<br />.~,."'ftawer's Cory. HOrtower shall be furnished a conformed copy of the Note and of this Decd of 'T'rust at the time
<br />of execution"'til ~tcr`recrndaaioer hereof.
<br />17, Traesfer of ibe Property; Assttmptioa. If all or anv part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior wrhirn consent, excluding ta) the creation of a fen or encumbrance subordinate to
<br />this Deed of Trtut, ib) the creation of a purchase money srxurity interest for household appliances, (cl a transfer by devise,
<br />descent or by operation of law upon the death of a [nine tenant or (dl the gram of any leasehold interest of three years or less
<br />not rnntaining an option to purchase, Lender may, at Lender's option, dttlare aI! the sums secured by this Dced of Trust to be
<br />immediately due and payable. Lender shelf have waived such aptwn to accelerate iF, prior to the sale or transfer, Lender
<br />and tttt person to whom the Property is to 6e sold or transferred reach agreement m writing that the credit of such person
<br />is satisfaaorv to Lender and that the interest p:tyahle an the sums secured uy this Deed of Trust shall be at such rate as
<br />Lender shall request if Lender has waived the opnan to auefer:tte provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreemeut accepted in wrung by Lender, Lender shelf release Borrower from
<br />all obligations under this Deed of Trust and the Nnte.
<br />_ If Leader exercises such option to accelerate, Lender +haN mad Borrower notice of acceleration in accordance with
<br />paragraph i4 hereof. Such notice shall provide a period of net Icss than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. tf Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Harrower, invoke any remedies permitted by paragraph I R hereof.
<br />NON-UNIFORM COVENANTS. Horrowet and Lender further cuvenam and agrce as follows:
<br />18. Acceteratioo: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower is ibis Deed of Treat, iacladirrg the covenants to pay when dire any swos secured by this Decd
<br />o[ Trta4 [.ender prier to arnkradoa shall mdl notice to Borrower as provided in paragraph 14 hereof specityiog: (1) the
<br />brsacb; t2) the actlos regairtd to can sercb brrxb; 13) a date, rre1 less than 30 days from the date the notice is maBed to
<br />Berrowet, by whleb sacb breach mast 6e cured: sad 14) that fa0ure to curt such breach on or before the date specified
<br />in the entice may result in acceteratian of the sores secured by this Deed of Trust and sale of the Property. T'he nolicc
<br />shall fuAlrea• itdorm Borrower of the right to rciastate after aeceleratioa oriel the riryt6l io bring a court action to assert
<br />die iron-exWence of a ddadt or say other defeme of Borrower to aceelerafioo and sale. if the breach is not cured
<br />oe or 4eforc ibe date specified in the notice, Leader at Leader's option may dechrre at/ ~' the same secured by this Deed
<br />of Treat to 6e inapedirNr4y rise mid payable wtibeat further demand and may invoice the power of sale and any other rcmedks
<br />permitted by applicable taw, leader shag tx Betided to coBear aB rcaraaable casts sod expemes incurred in pursuieg the
<br />remedies provided h this pm~ph ill, isdadirgt, bin not IimAed to, rearoeable adoreey's fees
<br />It the power of mle it invoked, Trustee sbaB record a rrotice of defaalf in each rouaty ie which the Yroperty or some
<br />part 6hereof le healed awd siwH mm7 spies of sack aetbce ie eke maeacr prescribed by applktdde law to Borrower sad to the
<br />ottrer persons presczibed by appltcaMe taw. AHer the lapse of sack time as may 6e regoired by applicable law, Trustee shall
<br />give P~ aodce of sale to the perseas sad io the rrnaaKr prescribed by appticabk taw. Trustee, without demand on
<br />Barrowe~ sbaB s~ lire Preparty at pnbBc aactiae fo fbe higtust bidder at the time and place and under tare terms designated
<br />ie the eWice of sale to one ar mare parceic sad ie such order ~ Trteate may determine. Trustee may poslpoae sale of all
<br />or soy pareet of the Property h?' puhBc mmonaeeme~ at the tins sad plm of say prcrioasly scheduled sale. Leader or
<br />f.eeder`s ieslBaet arty prorMrt tTre Property a/ say sale.
<br />Upaa rtceipl ~ pry++wreat of the price bid. Trarta sbaB diver io tlx purchaser Traatee's deed conveyin{t the PropeAv
<br />slid. The reek ~ the Ttaiaeeh deed sbsY be prima tse:r crideace of the ttWA of the sta/cmeets made therein. Ttuslee
<br />rhaY spp$~ Me ptncec~ of the sale ~ the toNortbrg order. Ia) to aB rcasorraWe costs aed expenses of the sale, incladteg, trot
<br />ae/ IMtdlad ta. Trtatee`s foes of trot mare thine ~5 `6 of the gross sde prier, reasonable attorney's fees and costs of
<br />titer etilipsre; (bl to an raeais srrurad by this Deed of •isruai; mid (e) the cacao, it ant, to the person or pertrora fegsdy entilted
<br />iitseis.
<br />t 11. Btrrrawyr*s Right to Rebtrtate. Almwithstanding Lettcfer's accekrauon r,f the some soured by tMs Deed of Trust.
<br />I(,_. Bursrrwer olio{! bare t!'x right to have any prcrcxndinga F+egun by I-coder to enforce this [~eccf of 't'rust cfts.ottumicd ,+t
<br />sap time prior to the cattier to exv:ur at (t? Ibe fiGh dsy t+cforc the sale of lire Yropertv Pursuant to [err pawor o[ sale contoured
<br />in this Deed of That rx ti+) entry cut a jrrd~tmein enfarrmg this I:keti of "trust if ~ Ia) Harrower pays Lenrler ail sums which wrwdcl
<br />tra than else trailer ilia I)euri of '[arse, the Nutt and trotes secunap Future .Advances. if any, had no acrckrauoe eccurrrd:
<br />ih) Botxtrwer eurerr ad brexttea of any crttrer rtrvenam: ar agreenrems of H.xmwer crrrrtarncd in this (?rive r+i Trust;
<br />fc) Bnrrosrer pays all teasotrabke expt:ases ioctrrred by 1_etrder oriel Tnrxtec rn cnfon mg the ravcnanu and agreements of
<br />Borrtyrret coetaared in tMs f7ead of Tttrsa xml in enfrrrr trig t_emJcrs oriel l'r uxtce's rcmedces ,rs pre»•rried m Iraragraph [N
<br />hereof. incltrdirrg, lwt not {imrerd tn. retsonatrk attarnev°s fees-. and till ttcxmw~er takes xuch acuea as t Girder rosy reasonably
<br />regrnre is* resort that the Iron of lhrv IJetd of taint, t endcr's +nlrrcst m the Pmpcrty .rod lYr+rrawrr~c .+hligation to I+av
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