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<br />83--i)GU~i!'
<br />9. Condemnation. The proceeds of any award ar claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shall bt paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured 6t' this Deed of Trust,
<br />with the excess, if any, paid to Borrower, [n the event of a partial taking of the Property, unless Borrower and Lender
<br />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 proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking beats 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 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 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 />[)nless 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 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Rekssed. Extension of the time for payment or modification of amortization of the sums secured
<br />by [his Deed of Trust granted by Lender to any successor in interest o[ Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shalt no[ he required [o 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 sad Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Waives Any forbesrance 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.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall no[ be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by Chis Deed of Trust.
<br />12. Remedies Cumulative. 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 eyui[y, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; ]Dint and Several Liability; Captious. The covenants 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. All covenants and agreements of Borrower shat) be joint and several.
<br />The captions and headings of [he 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 in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed [o Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />tb) 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. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in [he manner designated herein.
<br />IS. Uniform Deed of Trash, Goreroioq f,aw; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering reaf~pprrooperiy.- Tltia-Deed of Trust shalt be governed by the taw of the jurisdiction in which the Property is located.
<br />ijr' t~thii# aTtyprov5sibn or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />rot a t othtEc ptOYfsiffrtS^ttf--'Phis Deed of Trust or the Note which can be given effect without the conflicting provision,
<br />aitd t hiiiesid dkp~ra4viostl^of=the Deed of Trust and the Note arc declared In be severable.
<br />~~°,~4!tir-BorrewedaF.o~.--Borrower shall be furnished a can(ormed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />IT. Transfer of the Property: A~umption. If all it any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written conxnt, ascluding (a) the creation of a lien 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 law 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 to purchase, Lender may, at Lender's option, declare all 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 />amt the person to whom the Property is to be sold or transferred mach agreement in wasting that the credit of such person
<br />is satisfactory to Lender and chat the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shat] request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written a~umptioo agreement accepted in writing by Lender, Lender shall release Borrower from
<br />al} obligations under this Decd 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 14 hereof. Such notice shall provide a period of nut Tess than 30 days from the date the notice is mailed within
<br />which Borrower may ppaay the sums declared due. If Harrower faits to pay such sums prior to the expiration of such period,
<br />Lender may, without funher notice ar demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Nort-UNIFORM Covertexrs. Borrower and Lender further covenant and agree as tollows:
<br />18. Acceleration; Remedies. 13xcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in t66 Deed of Trust' ittclnding the covenants to pay when due any sates secured by this Deed
<br />of Trust, Lender prior to acceleration shall troll rwtice to Borrower as provided in paragraph f4 hereof specifying: {I) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mated to
<br />Borrower, by which such ltreacfi mast be cored; sad (4) that failure fo cure such breach oa or before the date specified
<br />in the notke may result in accdecation of the sotto secured by this Deed of Trust sad sale of the Property. The notice
<br />shag further inform Borrower of the tight M rei~ale after acnlerataa and the right to bring a court aclioo to assert
<br />the ttoo-existence of a default or say other de[dtsa of Borrower to acceleration sad sale. if the breach it not cured
<br />00 or before the date specified in the notice, l.errder at Lender's option fast' declare all of the sums secured by this Deed
<br />of Trost to be itomediatdy due sad payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable taw. Lender shall 6e entitled to corker all reasonable costs and expenses incurred in pursuing the
<br />retttaiiec provided in tins paragraph I8, inctttding, but sot 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 wfiuch the Property or some
<br />part thereof is bcattd and shag auB copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />tuber petmns prescribed by applicable taw, ANer [he lapse of such time as may be requital by applicable law, Trustee shall
<br />Rice pab8c ttotitt of sale to the persons and in the manner prescribed by applicable law. Trtutee, without deraaod on
<br />Borrower, shag sett the PrnpeAy at public auctiov [o the highest bidder at the time and piece and under the terms des~nated
<br />is the urdiee of sale in one or morepnparcek std in such order as Tra~ee may determine. Trustee may postpone sale of ail
<br />or any pared of the Property 6t' le anaoutrcement at the time and place of soy previously scheduled sale. Lender or
<br />Leader's desi`aee stay purchase the Property al any sale.
<br />U d paytaea/ of the price bid, Trustee shag ddirer to the parchascr Trustee's deed conveying rho Property
<br />stt~kt. Tltt r~ in the Tragce's deed shag 6e prima facie evidence of the truth of the stalttnenfs made therein. Trustee
<br />>#tap apply flea pprroceal4 of ttte sak in the foilowirgt order. (a} to sit reasonable casts and expenses of the sale, inctudirtg, but
<br />not BtnRad to, Tru>titee's feat of not more rhos (}5 `~ of the grass sale price, reasonable attorney's fees and costs u[
<br />e ; (b} to aB same secured by this Deed or'lirtst; and (c) the excess, if any, to the person or persons legally entitled
<br />t4, Bartotter'a Right to ReinRate. Notwithstanding Lender's acceleration of the sums secured 6t' this Deed of lYusL
<br />Borrower shah have the right to have any proceedings hcgun by i.ender lei enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur if (i) the f(fth day before the sale of the Propcny pursuant to the power o(s:de contained
<br />)n this Decd of Tnrst or (ii) tatty of a judgment enforcing this Deed of Trust iL ta) Borrowct pays Lender all sums which would
<br />be then due under this Dead of Tnrst, the Nate and notes securing Future Advances, if any, had no acceleration incurred:
<br />(h) Borrower cotta: ail breaches oC any ether cavcnants or agreements if Borrower contained in this I'hed of Trust:
<br />(c} Battower pays ail reasonabde exxpenres incurred by trader and 'i'nisiee in enforcing the covenants and agrcwmenis iF
<br />tiprrtxvrcr contained in this bcved of Trust and in enforcing i.ender"x end T`rustee's remedies as provided in paragraph I
<br />hereof, inclrtdittg„ but trot hmifal to, rcasunahle attarttcy's fors; and td) litxrower Lakes such action as (.ender may reazunably
<br />require to asset€e that tFte lien of this Decd at 7-rust, t.entler's imCrest m the Pruixrty and Borrower's ibligaUOn w pea'
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