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<br />9. Condemnation. 'the proceeds of any award or claim (or damages. direct or conseyuemial, in connection with any
<br />condemnation or other taking n[ the Property, or part thereof, nr for conveyance in lieu of condemnation, are hereby assigned
<br />and shah be paid m Txndrr.
<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 Dorrower 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 Dscd of Trust immediately prior-I~ [he date of
<br />e 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 a claim €ar damages, Borrower fails In 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 Trvst.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />- nr postpone the due data of the monthly instdlmrnis referred to in paragraphs I and 2 hereof or change [he amount of
<br />such installments.
<br />10. Borrower NoE Released. Extension of the time for payment ur modification of amortization of the sums secured
<br />- ~ by this Deed of Trust granted b}• 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 6e required to commence
<br />proceedings against such successor or refuse m extend time (or payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by mason n( any demand made by the original Borrower and Borrower's successors in interest.
<br />) t. Forbearance b}' [,ender Nol a ~5'aiver. Any forbearance t,y 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 paymrm of taxes ur other liens or charges by Lender shall not be a waiver of Lender's
<br />- right to accelerate the maturity of [he indehtedness secured by this Deed of Trust.
<br />IZ. Remedies Cnmulatire. A!I remedies provided in this Deed n( Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afTorded by law or equity, and may he exercised concurrently, independently or
<br />- successively.
<br />1J. Successors and Assigns Bound; Joint and Several Liability; Captions. 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 ;he provisions of paragraph i7 hereof .All covenants and agreements of Borrower shall he joint and several.
<br />the captions and headings of the paragraphs n( this Decd of Trust arc for convenience only and arc not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice Except far any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Decd of Trust shall 6e given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address nr at such other address •,s Borrower may designate by nolicc to Lender as provided herein. and
<br />- fh) any notice to Lender shag he given h}' certified mail, return receipt reyucsted, to Lender's address stated herein or to
<br />such other address as Tinder may designate by nutter m Borrower as provided herein. ,4ny notice provided fur in this
<br />Deed of Trust shalt be deemed to have been given to Borrower or Lender what given in the manner designated herein.
<br />I5. Uniform Deed of Trust; Governing Law; Severability. This form nC deed of trust combines uniform covenants for
<br />national use and nun-uniform covenants with Limited variations by jurisdiction ro constitute a uniform security instrument
<br />covering real property. 'T'his Dted o[ Trust shall be governed h}' the law of the jurisdiction in which [he Property is lxated.
<br />in the event that any provision nr clause of this Dred cf l'rust or the Nate cont)icts with applicable taw, such cun0iet shat)
<br />not atfrct other provisions of this I)erd of 'trust ur the Note which can be given effect without the conflicting provision,
<br />and to this end the provisions of the Dred of Tnist anc! the Note arc declared to be 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 alter recordation hereof.
<br />- i7. Transfer of the Property; Assumption. If all or any part of the Property ur au interest therein is sold or rran>ierred
<br />by Borrower without Lender prior written consent, excluding ta) the creation of a lien or encumbrance Bubo, ..ate to
<br />this Decd of T'rvst, (b) the creation of a purchase money security interest for household appliances, (c) a transfer t,y devise,
<br />descent or by operation of law upon the death of a joint tenam ar (J) the grant o(any leasehold interest of three years or Icss
<br />not containing art option to purchase, Lender may, at 1 enilcr's upturn, declare all the sums secured by this Deed of Trust to tm
<br />immediately due and payable. Ixndrr shall have waived such optimr m accelerate if, prior to the sale or Transfer, Lender
<br />and the person to whom the Property is to be sold or transterr~cd reach agreement in writing that the credit of such person
<br />is satisfactory to 1_endrt and that the interest payable on the sums sceured by this Deed of Trust shall be at such rate as
<br />t_znder shall 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 assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />al( obligations under this Decd a( Trust and the Nute.
<br />_ tf Lender exercises such option to accclrratr, Lender shall mail Borrower nolicc of acceleration in accordance with
<br />paragraph 14 hcreot. Such nolicc shall provide a period u( not less than 30 days From the date the notice is mailed within
<br />which Borrower ma}• pay tae 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 on Borrower, invi,ke any remedies permitted by paragraph I S hereof.
<br />Nov-UNn°oant Covtttvr,aTS. Borrower and Lander further covenant and agree as follows:
<br />18, Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Bprrower's breach of any tovenunt or
<br />- agreement of Burrower in thu Ueed of 't'rust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Ixuder prior to acceleration shalt mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />- breach; (2) the action reyuircd to cure such breach; (3) a date, nnl lean than 3D days from the date the notice is mailed lu
<br />Buren+req by which such beach must be cured; and (4) Thal failure to cure such breath on or before the dale specified
<br />in the notice may rrsuB in acceleration of the suers secured by this Dced of Truer and sale of the Property. The notice
<br />shaft farther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the once-existence of a default or any other defense of Borrower to acceleration and sale. IF the breach is not cured
<br />ua ar before the date specified in the notice, -xnder at Lenders option may declare aB of the sums secured by this Deed
<br />of 'Trust to br immediately due and payable without further demand and may invoke the power of sate and any other remedies
<br />µcrnriued by applicable law. Lender shalt fx enlided to collect ail reasonable costs and expenses incurred in pursuing the
<br />remmdies pcovided in this parrgriph lei, including, but not limited to, reawnable attorney's tees,
<br />I[ the power of sale is invoked, Trustee shall record a notice of default in rack county in which the Property or some
<br />part thenaf is rotated and short mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law, After the lapse of such time as may be required by applicable law, Trus'icr shall
<br />give public notice of sale Io the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or mare parcels and in such order as "Trustee rory deternrine. 't'rustee may postpone sale of slt
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lrnder or
<br />I_rndei s designer mac purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Truster shat! deliver io the purchaser "Trustee's deed conveying the Property
<br />said. The recitals in the Trustee's deed shay) be prima folic evidence of the truth of the statements made [herein. Truster
<br />sttall apply the proceeds o[ the sale Tn the foiluwiag order (a) to all rrasunuble rants and expenses of the sate, including, but
<br />cwt limbed W, Trustee's teen at not more than S.0 ?o of the grass sale price, reasonable attorney`s fees and costs of
<br />title evidence; (b) to aB sums secured by this Ueed of 'Tntst; and (c) Ure excess, if any, to Ihn person or persons {rgalty emitted
<br />therda.
<br />19. Borrower's Right to Reinstate. Notwithstanding l.rnder's accclrratiwt of the sums secured by this Dced of 'trust,
<br />Burrower sha)1 have the right to have utr}• prui;crdings begun by I_rndrr in enturce this Ueed u( '('rust cliscomiuueil at
<br />any time-prior to Tile tasiizr to occur of (i) the filth day brfvre the sale of the Property pursuant to the power of sale comained
<br />- m this C)ced o(Trust ctr fit) cote} of s judgment enfartiog this L)erd of 'Tnrst iC fa) Burrower pays Lender all sums w)tich x'ouid
<br />Ire tFreu dire under this LXed of 'fast, the Note and notes sra,ring Future Advances, d any, had nu aeccleration occurred:
<br />(b) Bat tower cures all breaches n( any other cavcnants ar agreements of flurrawer contained in this Deed of 'Trust;
<br />tc) Bnrrow•er pay, ati reasonable ex xcnsrs ints,rred try Lrnder and `tauter ii+ arfurcmg Ihr ruacnunts and agreements of
<br />tTurrrwer i^rxilaintxf in this Deed uf)Trust and m enforcing Lendcr'a and Tnasttr's rrntcdies as prn•idcd in paragraph i8
<br />htree,t, inchn{9otg. flat not litnfted lo, raasanabtc attorney's fors: and (d) Barrnwet tskE-s such action as Lender may rr:asunahl+"
<br />c ryer,ra to assure that the iicn r,f this Drrtl of 'frost, Lender's interest nr the Propcny and Barrow-er's cbtigation w , ay
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