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<br />" 9. Coaiemnation. The proceeds of any award or claim for damages, direct or consequential, in connection wnh any
<br />condemnation or ether taking of the Property, or part thereof, ar for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the went 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 a partial taking of the Property, unless Borrower and Lender
<br />otlterwiae 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 proporton 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 the 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 by Lender to Borrower that the condemnor offers to make
<br />an award or settle n claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to colter{ 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 Tntst.
<br />Unless Linder and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of
<br />such irutallmenta.
<br />1Q. Borrower Not Reknsed. Eactension of the time for payment ar modification of amortization of the sums secured
<br />by this Dced 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. Forbearatxe by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he 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 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. Atl remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy ender this Deed of Trust or afforded by law rrr equity, and may be exercised concurrently, independently or
<br />successive)pp
<br />13. 5veceuors rind Assigns Bound; Joint and :Several Llahility; Captions. The cavenants and agreements herein
<br />contained 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. AIi covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are no[ to he used is
<br />interpret or define the provisions hereof.
<br />14. Nofitt. Except for any notice requrred under applicable law to be given in another manner, {a) any notice to
<br />Borrower provided for in this Deed of Trust shaft be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such ether address as Borrower may designate by notice to Lender as provided herein, and
<br />th) any nonce to Lzrtder shall he given by certified mail, return receipt requested, to 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 be deemed to have been given to Borrower or Leader when given in the manner designated herein.
<br />15. Uniform Deed of Tntst; Governing t.awt Severability. This form of [iced at trust combines uniform covenants for
<br />national use and non-uniform cavenants with limited variations by jurisdiction to constitute a uniform security ins[rumtnt
<br />covering real properly. This Deed of Trust shall bt governed by the Ixw of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of [his Deed of Trust or the Note conflicts with applicable law, such cantlici shat{
<br />not affect other provisrons of this 17etd of Trust or the No[c which can he given effect without the conflicting provision,
<br />and to this crrtl the provisions of the Decd rot Trust and the Note are declared to kre severable.
<br />lb. I?torrowet'a Copy. Borrower shah he furnished a conformed cagy of €he Note and of this Deed of Trust at the lime
<br />of txecutfon or after ra:ordatinriheroof.
<br />17. Tramfer of the Property: A~umptioo. if all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written ecrnstnt, excluding ta) the crt:taan of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money sccunty interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of taw upon the death of :+ lain[ tenant or (d! the grant of any leasehold interest of three years or less
<br />eat containing an option to purchase, Lender may, at Lender's option, declare ail the sums secured by this Deed of 1`rust to be
<br />irstmediateiy due and payable. i_ender shall have waved such option to acarlerate if, prior io the sate or transfer, Lender
<br />:rod the person to whom the Property is to bt sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable art iht sums secured lay this Deed of 'T'rust shall he at such rate as
<br />lender shat! request. If Leader has waived the ogtian to acce{cratt provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed s written assumption agreement accepted in writing lay )seder. Lender shah release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />[f {.ender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph i~t hereof. Such notice shall provide a period of not less than 30 days from the daft the notice is mailed within
<br />which Barrawer may pay the sums declared dvt. if Borrower Fails to gay such sums prior to the expiration of such geriod.
<br />Lender may, wi€hovt further natiet er demand nn Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Nary-IJtiIFORM CovExArars. Borrower and Lender further covenant and agree as tollows:
<br />lg. Acceleration; Remedles. Except as provided in paragraph 17 hereof, upon Borrower's breach of aay covenant or
<br />attreemeot of Borrower io this Deed of Trust, including flue covenants to pay when due any sums secured by khis Deed
<br />of Trust, Lender prior to acceleration shall [nail notice to Borrower as provided in paragraph 14 hereof sprcifyit[g: (I) [Ile
<br />breach; (2) the action required to cure such breach; (3) a data not irss [ban 30 days from the date the notice is mailed to
<br />Borrower, by which such breach mum be cured; and (4) that faitnre to cure such breach on or before the date specified
<br />in the nWicr may result in acceleration of iht sums secured by [his Deed of 'f rust an$ sale of the Property. The notice
<br />shag further inform Borrower OF the right to reitrstah after acceleration and the rq;ht fa bring a court action to assert
<br />the neat-exlsteace of a default or any otbtr ditEase of Bosn>wtr fo acceleration att$ sale. If thr breach is not cured
<br />na ar before ibe date specked in the notice, Lender at Gemler's option rosy declare a6 of the sums secured by this Deed
<br />of TrustEo be iinmediatety doe attd payable without further demand and may invoke the power o[ sale and any other remedies
<br />@rrm#ttrl by ap@BcaWe taw. Linder shalt be entitled to cailect ail reasonable casts and expenses incurred in pursuing fbe
<br />remedies provided in this ptuagt~b f8, InciudinR, Iwt not ){lobed to, reasonable attarnty's tits.
<br />If the power of sale is inroked, Tnurtce shah record s notice of default in each county in whied Phe Property or some
<br />¢art tiKn.~af la betted and shah teal{ espies of such tteNce in Ilte manmr prescribed by applicable law to Borrower and to 'ehe
<br />other' ptranne prescribed by sppiicablr law. After the lapse of such time as may 6e required by applcable law, Trustee shalt
<br />give public notice of sale to tlx persons a~ in the roamer prescribed by applicable taw. Truster, without demand on
<br />Bttrrawer, strait ~ ttxPnapetty at public auction fo ttu 6gthaxi bidder at the time and place and under the iernts designated
<br />b the ne4ice of ~ in one or more pucek and in such order as Trustee may determine, Trustee may postpone sale of a6
<br />~ u~y puce) of !be Property by @obBe attnouaetmeai at the iimr and place o[ any previously scheduled sate. Lender ar
<br />tmt7 purchase ilia p'rtaperty al any sale.
<br />Llpou recgip! of payarxut of the price bid, Trustee shall deliver to the porehaser Trustee's deed conveying the Fropert}
<br />' 1'be rct'itf+le la the Trustee's dsed sbsB be prima reek evidence of the truth of the statements made therein. Truster
<br />s H~15 for proenrde of the sale In the foBox order: {{a) to aB reasoaabk casts and expenses of the sale, including, but
<br />sot d,to, Tr;regee'a tees of list au)re than 172 a f i ~ at the grass sale price. reasonable a!lorney's fats and costs of
<br />~i (b) to aY attuat scouted. by the t')erd of Trust; and (t) the excr.~, if any, !o the person or persons legally retitled
<br />1~; BFaresrwet's RIBk6 to Rel~aate. ?+iotwithstanding [xrtder`s acceleration of the sums secured by this Deed aE 'Torsi
<br />tIt>rroxvex ahai) {lave the right to leave any proxeedings Mgun by Linder to enforce this Deed of Tnust discontinued at
<br />airier time. prior to t#x earlier to txr+tr of (i) the. fifth day htfort the sale of the Property pursuan€ to the pewee of salt contained
<br />in th~.latwrdof Trust of Cei) riatrppf a )tuTggrrttat cuforsing this Died of Trust iL {ai Btxrowtr gays fender aiE slims which would
<br />he these due sindar lick eked cif Trttst, the Hatt and nc+tes arctrring Future Advances, if any, had no acceleration occurrrd;
<br />flit Bnrrr,nwx carts a6 lrrga€ibss of any uthtr covenants or agreements of Borrower cantttined in €his ih~ed of Trust:
<br />'tc) Barroa~r gays olT rrakcmatrle espturses t'tttaarre$ by Letttkr acid 'I'rustet in enforcing the cuvetta€tts and agrcemtms of
<br />B,yxrtavr~c rerntgi[icd ita this Deett of Trtest and in erafarcing Linder s sect 'I'r~lstte's [e+nedies a3 (aravided in Iaaragra€ah 18
<br />ha>•riraf. itn:=iadtrrgf htit~tta~ hmitsd-tn.-reaz+analxi~attorntyk frts~ and #dt Brn'towct €akes suet action ae Lend€r ma}° rtasc+nahky
<br />_'+~-~ b ~ ,""r ttt;,`.`~ 1~t of tt!~ ;s!,~t ~f 'Truu_ Lendeer's inttre5t 1rr lire frcagerty and ~orrower'< :rAtigatron tr• p;+y
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