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<br />9. Coademnatfon. The proceeds of any award or claim for damages. direct or consequential. in connection with any
<br />candemnation or other taking of [he Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shat( be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of Ghe Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall he applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to [he date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice 6y Lender to Borrower that the condemnor offers to snake
<br />an award or settle a claim for damages, Borrower (ails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized [o collect 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 [o principal shall not extend
<br />or 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 />10. Iarrower Nof Released. Eactension 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 )(ability 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 [he sums
<br />secured by this Deed of Trust b}' reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />[i Forll.-ar_are by ?tinder ?dot a Waver. Anv forbearance by Lender in exercising any righter remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he a waiarer of or preclude the exercise of any such right err remedy.
<br />The procurement of insurance or the payment of taxes or 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 provided in this Deed of Tntst are distinct and cumulative to any other right
<br />or remedy under this Deed of Tnlst 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 />rnntained 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 agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Dred of Trust are for convenience only and are not [o he used to
<br />interpret or define [he provisions hereof.
<br />14. Notice. Except for any notice regwred under applicable (ties to be given m another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shat! he given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address ss Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice ro Lender shall be given by certified mail, return receipt requested, in Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrower or Linder when given in the manner designated herein.
<br />(5. Uniform Deed of Ttvst; CovernitrR Law; Severability. This Form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations 6y jurisdiction to constitute a uniform security instrument
<br />covering real propen}•. This Deed of Trust shall be governed by the law of the jurisdiction in which [he Property is located.
<br />In the event that any provision or clause of the [lied of 7~nut or the Note conflicts with applicable law, such conflict shall
<br />not affect other previsions of this Dted of Trust ur the Note which can he given effect without the conflicting provision,
<br />and to this end the provisions of the Deaf of 'trust and the Note are declared to be severable.
<br />Lb. Bonpwu's Copy. Borrower shall br funushed a conformed copy of the Note and of this Deed of Trust at the time
<br />o[ execution or after recordation hereof.
<br />17. 'traesier of the Property; Asamplfoa. If all or any part of the Prapcrty or an interest therein is sold or transferred
<br />by Borrower without Lender's prior wntten consent, rscluding ter) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, Ib) the creation of a purchase money security interest for household appliances, tc) a transfer b}• devise,
<br />descent ur by operation of law upon the death of a rotor tenant or (d) the grant of any leasehold interest of three years or less
<br />not cnntsining an option to purchase, tender rnay, at fender i option, decisre all the sums secured by this Dctd of Trust to be
<br />immediately due and payable. Lender shag have waived such option at :ICCrIcrale if, prior to the sate or transfer, Lender
<br />and the person to whom the Property is to Ise sold or vaasfertrd reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that tht interest payable on the sums secured be this Deed of 'T'rust shall be at such rate as
<br />[_ender shall reyues[. If Lender has waived the option to accelerate provided m this par, graph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted at writing by Lender, Lender shall release Borrower from
<br />ail obligations under this Deed of Trust and the Nate.
<br />If Lender exercises such option to accelerate. Lender ,halt mad Borrower notice of acceleration in accordance with
<br />prragraph 14 hereof. Such notice shall pmvtde a pencil ei not less than iU days from the date the nMice is mailed within
<br />which Borrower may pay the sums declared due. it Borrower fads to pay such sums pries to the expiration of such period,
<br />tinder may, without further notice or demand on Harrower, mvokr any remedies permitted by paragraph 18 hereof.
<br />NoN-t!^ttroast CoveNedas. Borrower and I_rnder further covenant and agree as follows:
<br />I8. Accekratioa; Remedies. Except ~ provided Tn paragraph 17 hereof. upon Borcower's breach of any coveaaaf or
<br />a~reemmt of Borrower in th'e Deed of "trust, incladirtR the covenants to pqy when due nay sums secured by this Decd
<br />~ Trust. lxader prior to acttektataa shall mss notice to Borrower as provided is paraRtap6 14 6ercof specifyfriR: (1) the
<br />breath; (2) the action required to cure such faeach; (3) a data not ire tlua 30 days from the date the notice is mailed to
<br />Borrower, IH' witicb sncb frreach must br cured; and (3) that faiflirc to cure such breach oa or before the date specified
<br />is the notice may rcsdt in accekntion of the snras secured by this flied of 'f rust and salt of the Property. The notice
<br />shall further inform Borrower of the right to rcfsstate after acceleration and the riRitt to britrg a court action to assert
<br />tie non•exTsteatt of a defaaM nr any other defense of Borrower [o acttlera[fon aad sak. If the breach is not cured
<br />oa or txfore the date specified is the notice, !.ender at Lenders option may declare a0 of the sums secured by this Deed
<br />of Trust to be immtdiattiy dal and payahfe without furrier dcruatd and may invoke the power of safe sad say other remedies
<br />permitted by applfeabk law. Leader siuFl be eM[tted to coffee( all reasonable costs sod experrses incurred is pursuing the
<br />retacdks provided in this pataRnpi IH, hrdadmg, bnl rrol limded to. rcaxnaabk attorney's Pets.
<br />if the pewee of safe is iavdted, Tr~tee shah record a notice of defaall in each county in which the Property nr some
<br />part t[tereof is located and shMf ma8 copies of such notice in the manatr prescribed by applicable law to Borrower and to the
<br />otbu person prescribed by app8caik taw. After the lapse of such time as may ire requirod by applkabk law, Trustee shall
<br />give pahfic trotiee of sak m the persons and in the manner prescribed by applicable law. 'trustee, without demand on
<br />Borrower. shag aeH the Property at prhHc aactioa to fbe iviR6est bidder at the lime and place and under the terms dafRoated
<br />is the :tefice of salt is one or sere parrsk and in Bach order as Trustee may determine. Trustee may pntpooc sale of aft
<br />or nay parcel of the Property fry public aaaauneemerN at the time and place of any previously schedaled sale. i.tnder or
<br />txader's desi~aee any pirrebasa tit Property id any sale.
<br />Clpaur eeeefpl of paymeW of tic prier bid, TrroYec shall dtfivcr to ibe purchaser Trustee's deed conveyfat[ the Froptrty
<br />acid. Tie recitaplrsoin the Trattt.eek deed shah bt prima facie evfdtact of tie truth of the statements made therein, Trustee
<br />Ifn d ter. "P wtti tte~S} fete of not tuna tiaa ~p5der. (ate of (flit cos,; sale oats and exptasts o€ fit sak, indadittg, [wt
<br />riper evkiAace; (tier t0 aY strwte strand i this Deed of Trust; and (c) the rxceaw it a~to tnovbk attoracy's fees and costs of
<br />tftetata. Y Y perxoa or persons 1eRally enlNfed
<br />f!. Bxrower'a SrBltt b Illafastale, Notwithstanding I.endti s acceleration of the stuns secured by this Drrd of True.
<br />&xrrnvtr xhalt have the right to have soy prtx:axdintts begun by Ltndtr to enfurct this [k~sd of 1'ntst disconunued at
<br />any time prior to t)It tarsier to occur of 1[) the fifth day btfart the salt of the Property pursuant ht the power of sale coma+ned
<br />in thn f7ltedof Trust nr fit) curry of a jtdgmtnt enfoning ehix Dced of Tnrst i(: ter) Bnrrowrr pays I.rnder afl sums which would
<br />lva shut elua udder thrx Ltcrtii of Tnis1, ttlt Note and ratex srrunng Future: Advances, rt any, had no accrkrauon txcurrrd:
<br />(h) Btxrvtvmr rnra^a tiff breaches of any rNhtr ceveaanta nr agreements of Hucrowrr c.xuained m this Tyred td 'Iruat:
<br />(e) [farrnvvtr prays nit rravoaaMt txpcnxta irrcatrrtd by t.rndtr and Tntatrc in cntorc.mp the ravenatHs and agrrrtnentx r•!
<br />fluttuwcr rantarrw.+d to thts Dead at Trust sad an tnfoming fsndtr'x .end Truuee's rrmrdirx as prov,dtd ~n paragraph 3x
<br />trcr,&arf, iaet.edtlgT, cwt nW firrvncd to, rtasaxlab3r attorney s fees; and (dl Bctrrowcr takes stn h actn*n ax i cndrr ntay rrasr=habit
<br />ta:gssrrt io ~ fiAat tAt lieu of lhta I"]ext[ of fntxt (.rndet', rrttettst re ohr ProprnF a*rd Harrower', ;,i+ligaiir.,?t to pay
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