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<br />9. Coademnatloe. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part 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 a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shag be 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 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 Bettie a claim for damages, Borrower fails to respond to Lender within 3p days after the date such notice is
<br />mailed; Lendtr is authorized to collect and apply the proceeds, at Lenders option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Tivst.
<br />Unless Lender 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 installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted 6y 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 shalt 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 Ttvst by reason of any demand made 6y the onginal Borrower and Borrower's successors in interest.
<br />ll. Forbearance by Lender Not a Waiver. Any forbearance by Lender fn 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 charges by Lender shall not be a watver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies CumWative. 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 />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shat! inure to, the respective successors and assigns of Lender and Borrower,
<br />subject [o the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions and headings of ffie paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given m another manner (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice 6y 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 />(b) any notice to Lender shall be 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. Rny notice provided for in this
<br />Deed of Trust shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenanzs with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other pprovisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,
<br />and to this end the provision of the Deed of Trust and the Note are declared to he severable.
<br />16. Borrower'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. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />6y Borrower without Lender's prior written consent, excluding (a) the creatwn of a Tien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of taw upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option io ptuchase, Lender may, at Lender's option, declare ail the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the persoa to whom the Property is [o be sold or transferred reach agreement in wrung that the credit of such person
<br />is satisfactor}• to Lender and that the interest payable on she sums secured by this Deed of Trust shall he at such rate as
<br />Lender shall request. I# Lender has waived the option to accelerate provided in this paragraph i 7, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />ail obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph ]4 hereof. Such notice shalt provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN-UNtroam Covetvnwrs. Borrower and Lender further revenant and agree as follows:
<br />18. Acceleretion; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed o[ Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trnst, Lender prior to accehraUon shall mail notice to Borrower as provided in paragraph 14 hereof spectfytng: (1) the
<br />breach; (2) the action required to cure such breach; t3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breech must be cured; and {4) that failure to cure such breach on or before the date specified
<br />in the Mice may result is ac€eleraUon of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of [he right to reitrstate after acceleration and the right !o bring a court action to assert
<br />the non-existeaee of a default or aay other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the rrotice, Lender at Lender's option etay declare all of the sums secured by this Deed
<br />of Trust to be immediately dce and paya~e without further demand and may imoke the power of sale and any other remedies
<br />permitted. by applicable law. Lender shag be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in ibis paragraph 1g. including, but tro! limited to, reasonable attorney's fees.
<br />If-the power of sale is invoked, Trustee Shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shalt ma0 copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />artier person prescribed by appUcable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give pnbl[c notice of Bah to the persons and in the manner prescribed 6y applicable Faw, Trustee, without demand on
<br />Barrovrer, shall se8 the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />is the notice of sate in oae or wort parceh artd in such order as Trustee may determine. Trustee may postpone sale of alt
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lendec_s des~act truly p»rchtrse the Property at any Bah. _
<br />ilpon receipt o[ paytaent of the pike bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recltala in the Trrzstet's deed shall 6e prima facie evidence of tlr_ truth of the statements made therein. Trustee
<br />shplLOpply the procceds of the Bah la-tire foNowirrg order. lay to alt reasonable costs amt expenses of the sale, including, but
<br />~ linked to, Trr~ee'a fees of nM more than 1 /2 of 1 !~ of the gross sate pike, reasonabh attorney's fees and costs of
<br />[kit evldcote; {b} to ail sums secured by thh Decd of Trust; and (c) the excess, if any, to the permn or persons legally entitled
<br />t
<br />19. Borrowcr'a RIKht to Relrwtale. Notwithstanding l.entler s acceleration of the sums secured by this Deed of Trust,
<br />Bortower shall [save ttte right to have any proceedings begun by Lendtr to enfotre this Decd of Trust disrnntinued at
<br />any tirtte prior to the earlier to decor of (i) the fifth day before the salt of the Property pursuant to the power of sale contained
<br />in thht Deedof "Trust or iii) tarry of-a judgment tnforeing this Deed of 'Trus-t if: (n) Borrower pays Lender all sums which wnuld
<br />tie titer-dueundtr this f)etd of Tnru, fist Note and notes securing Future Advances, i[ any, had nn acceleration occurred;
<br />fb) ilorrawer tttrts ail breacttei< of any outer covenants or agreements of Borrower comaintd in this [?eed of 'Trust;
<br />6e) Bonowtr pays all reasouable txptnsts incurred by Lind€r and Truster in anfc+rcing the covenants and agrecm€nis of
<br />8orroiuer contamsd in this t3~d of Tretst and in enforcing Lendtr s and Trusttc s ttmedies as prcwided in paragraph 1 t;
<br />hereof. ittclud#ng, trot not limited to, reasonableattorney'.x fees; attd fd) Borrower takes such action as Linder may reasonably
<br />requart tc+ a~ttre that.thc lien of ibis 1'Iked n# "f7ust, Ixndtrs inter€# in ;he Propery and Borrower's obligauan t.~ ps,c
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