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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />cordemna!ien or oris.~ rn4:ng of the Propctty, or part thereof, or for conveyance in lieu of ~~•••+•••nnarion, err herthy assigned
<br />and shalt rte paid to Lender. _
<br />In the event of a total taking of the Property, the procceds shall be applied to the sums secured 6y this Deed of Trust,
<br />with the excess, if any, paid to Borrower, in the event of a penis! taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, three 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 tzars to the fair market value of the Propetty immediately prim 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, afer notice by Lender to Borcower that the condemnor oBers 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 />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due elate of the monthly installments referred to in paragraphs t and 2 hereof or change the amounr.of
<br />such inatailments.
<br />IQ. Bornrwtr Not ilehttaed. Fxtension of the time for payment or modification of amortization of the sums secured
<br />6y 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 $orrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse io extend time for payment or otherwise modify amortization of the.sufns
<br />secured by this Deed of Tntst by reason of anp demand made by the original Borrower and Borrower's successors in interest.
<br />ll. Fotheanrue 6y Louder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by appiica6le law, shalt not tx a waiver of or preclude the exercise of any-such right or retrtedy.
<br />The procurement of insurance or the paymem of taxis or other liens or charges by Lender shalt not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Dced of Trust.
<br />l2. Remedies Cumnlativt. Aft remedies provided in [his Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Dted of `True or afforded by law ar equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Succemtors aad Assigns Bound; Joint amt Severe! liability; Captions. The covenants and agreements herein
<br />contained shalt bind, and the nghts hereunder shat! inure to, the respective successors and assigns of Lender and Borrower,
<br />subjtct to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shat! be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret ar define the provisions hereof.
<br />f4. Notitt. Except for an}• notice rogmred under applicabte law «t hr given in another manner, (a) any notice to
<br />Borrower provided for m this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address tar at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />ib) any notice to Lender shalt tx given by certified rnail, return receipt requested, to Lender's address stated herein or to
<br />such other address as I.coder may designate by nonce to Borrower as provided herein. Any notice provided for in this
<br />Ik-ed of Trust shat! be dexmed to have been given to Borrower ur Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Trost; Governing Isw; SeveraWlity. This Farm of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited narrations by lunsdiction to constitute a uniform security instrument
<br />severing real property. "This I')eexf of Trust shall be governed by the taw of the jurisdiction in which the Property is located.
<br />in the event that any provision ar clause at this Deed of Teust or the Note contlicts with applicable taw, such con0ic[ shall
<br />not affect ether provisions of this Detd of Trust ar the Note which can he given otter[ without the conflicting provision,
<br />and to this end the pruvisio~ of the Deed of °I'rust and the Note are declared to be severable.
<br />26. Borrower's Copy. Bormwtr shall 6e turmshed a amformrd ropy of the !store and of this Deed of Trust at the time
<br />of execution or after recordation herrot.
<br />17. Transfer of the Propedr; Aurumptwa. It alt nr env part of the Property nr an interest therein is sold er transferred
<br />6y Harrower without Lender's pnor wnuen convent, excluding ta7 the crcauon of a lien or encumbrance subordinate to
<br />this Dcesi of Trust, (D) the creation ai a purchase nxsnep ;cruelty intense for hausehald appliances, Ic) a transfer by devise.
<br />deem ar by operation of law upon the death of a mint tenant or (d1 the grant of any leasehold interest e( three nears or toss
<br />nM comaiaing an option to purchase, !.ender mar, at Lender's option, declare all the sums secured by this Teed -~' Trust to be
<br />immediately dire and payable Yxnder shall have wan-ed such opuon to acctierate if, prior to the sale or trans cr, Lender
<br />and the person to whom the Property is to t+e sold ar transferred reach ag:cement in writing that the credit at each person
<br />is sa6sfactorv to tender and that the imerist payable no the emu secured hr' this Dced of Tntst shalt be at such rate as
<br />lxnder shad coquet. I[ lender has warned ilte option to accelerate p.rovtded in this paragraph i?, and if Borrower's successor
<br />m +merest has exruted a wntten assumptinn agrcct»ent accepted in writing by Lender, Lender shalt release Borrower from
<br />alt obligations under this Devi cf Trust and the Nate.
<br />}f Leader rxerc:isrs such option to accrltrate, i.rnder shah mat( Borrower notice of acceleration in accnrdanet with
<br />paragraph 14 hercot. Such nonce shall prevtde n pcrtod at not less than 30 days from the date the notice is mailed within
<br />which Burtawtr may pay [he sums dtclatrd due. if Harrower fade :a pay >uch sums pnor ro the expiration of such period,
<br />ixmkr may. withaut further notice or demand en Borrower, invoke any remedies permitted by paragraph IS hereof.
<br />Non-U trtYaa7M i.`(tvFNnNTS. Harrower and Lender hrrihet covettam and agree as follows:
<br />Ig. Atec[tration: tltmedits. Except as provided in paragraph i7 hereof, upon Borrower's breach o[ any covenant or
<br />agreement ad Borrower in ibb I?eed of Tntst, irxludiog the covenants to pay when due any sums secured 6y this Deed
<br />of Ttnrst, I.tnder prior to acttkration stall ntaii Holier to Borrower ics prorided in paragraph 13 hereof specifyirrg: (I) the
<br />breub: 12) tic action required to cure such breach; (3) a dart, r.W less than 30 days franc the date the notice is mailed to
<br />Borrower. by wild shah ittach must bt cured; and 14) that failure to cure such brcacb as or before the date specified
<br />ie the rmfice may tesuh in arcthrathtn of the wins secured by this Deed of 'Trust and salt of the Property, 1'he notice
<br />still furrier inform Harrower of the right to reinstate after acmhration and the right to bring a court action to assert
<br />the rwa-exkltnce of a default ur any Wher deltas of Borrower to acceleration and sate. if the breach is nW cured
<br />on or before tfx daft sprci8ed in the notice, I.cndtr at !.ender ~ option may declare all of the sums secured by this Deed
<br />of Trux! la be immediately due and payable withaut farther drmarrd and may invoke the power of sale and any Whcr remedies
<br />permitted M appEktMe taw, Ixader shall be entailed fa collect alt reasonaWr costs and exprnses incurred in pursuing the
<br />remedies provided is ibis paragraph Ig, includirg, bin met limited to, rrawtrabk atforaey s fees.
<br />If tie power ref salt h invoked, Trustee stall record a nutlet .,f default in each county in which the Property or wa.t
<br />part tbertof i, faceted sad shill rtraA copies of wch nutlet in the manner prescribed by applicable taw to Borrower and to the
<br />Wtter pcrwas prcxriicd try applicable law, After the lapse o[ such time as may bt required by applkable law, Trustee shalt
<br />piivt public: trotitx of sale to tic persons and in the meaner prescribed by applicabh law. Trwtee, without demand on
<br />Barrawu, siaH seq the Property at pnftfk auction to the hgthest 6iddrr at the time and place and under the terms designated
<br />is tht notfre of atilt is one or mutt ptucely amt in suc4 order as 7'ntstre may determice. Truster may postpone sale of all
<br />iu say pared of tie Prapcrly by pubBt annuuncrutenf at the time and plate of any previously scheduled sale. I.tnder ur
<br />Letrder`s dtsikptt may parcMasc tic Property at any salt.
<br />Upob rttript of payment of tit prkt bid, Tessler shall deliver to tit purehascr Trustee's deed conveying tie Property
<br />sold. 11re mitab fu tit Trustee's died sttaH 6t prima facie rvidtnce of the truth of the statements made therein. Trustee
<br />tdraB trppf) tic proctsds of tit soh in the foUowitrg order. (a) to alt reasarable casts and expersses of the salt, including, but
<br />not liurlMd to, Trustee`s Cees of not mute than _. L, ;,; _ '"~ of the gross sale prier, rrasoaaiir. aitorttey's lets and costs of
<br />fkle eviAerpe; tb) to trt soots recnrrd by tits Decd of "('rust; and tc) the excess, if any, to the person or persons legally entiiltd
<br />fYeeafp.
<br />t9. 6area+ver's Rf6W m Rel~t>ur, Notx tihstaudinit Ltns#er's acceleration at ttre a,ms secured 6y this lyrrd of Trrst.
<br />Borrower shall have the right. to have ear proceedings begun by I endu to enforce this [ked of Trust discommued at
<br />any tittle pt+uf to the rarlttr to aeL-ur of t"+) rite fifth day heCoic the sale i,t the Prep. nq pursuant is the lvwtr of sale c:c+otamed
<br />in fits Dttdat"Trust s>r (+i) entry of a jutlgntent cpforcing this Iked at ~TNSt tt: ia1 Borrc+wet pa}s I ender a!I aunts whi~~h waulil
<br />he (#ren disc undue tits 1Rrd of Trust. the Nott sail rxztcs aecitr+ng Puturc .Advans°es_ „any. had nn accrieratioo recurred.
<br />tb) Borrt~wer cures all hrea<ttts of any other cavenants or agreements at Borrower :entairxd or thn C}erd <~f Tnnt;
<br />tcl Barrowtt pays at} recwnabie expenses irx:urrrd by !.ender and 7rusrrc =n cntixc;ng the s *venants and agreements i,!
<br />HsrrrtWer 6iauairM,d in tells Dtrd of Trus! and in enforeirtg i ender x and Trustee _c rented tea a_ pn>v~ded m paragraph i rt
<br />htrtsrf, i clixting„ lint Hsu Lntilad to, era :tttatik nuornty's teen, and fd} Borntwu ted:rs such a -ten as Lt nder arras e:+s„uat+lv
<br />rtt)vtrt £rt aslant tttar tftt #ten of true f}twd rd ~l7ees[, F Nsdrt-_t itttertst n. the Pnrpttt} and Bc>rra,vcr3 shlrgau<xr tc, leas
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