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<br />84 ----f r (~ 012 5
<br />9. Comdemnstioo. 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 patt 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 shalt 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 [o 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 [.ender 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 nays 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 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 pmortization of the sums secured--
<br />by this Deed 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 shell not be required to commence
<br />proceedings against such successor or refuse to extend time far 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 />I1. Forbearance by [.ender Not a Waiver. Any forbearance by Lender in exercising Sny right or remedy-herevndec, or
<br />otherwise afforded by applicable taw, shall not be a waiver of or preclude the exerdse 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 />72, Remedies Cumubtive. 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 />73. Successors and Assigns Bound; Joint and Severe[ 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 the provisions of paragraph 17 hereof. Ail covenants and agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not tv 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 ahotfier manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certifjed 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 Legdet's address stated herein or to
<br />such other address as Lender may designate 6y 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 the manner designated herein.
<br />15. Uniform Deed of Tnrsh, Governirrg Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitpte a uniform securiq~ instrument
<br />covering real propetty. This Deed of Trust shall be governed by the law nl 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 provisions of this Deed of Trust or the Note which can he given effect Without the conflicting provision.
<br />and to [his end the provisions of the Deed of Trust and the Note are declared ro be severgble.
<br />ib. Borrower's Copy. Borrower shat) be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution ar after recordation hereof.
<br />17, Transfer of the Property; Aasumptlon. If all or any pan of the Property or an inte~st therein is sold ~r transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a flog or encumbrance sw ..finale to
<br />this Deed of Trust, (b) tht creation of a purchase money security interest Cor household appliances, (c) a transfe.- by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leaseryoid interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare all [he sums secured by [his Deed of Trust to be
<br />immediately due and payable. Lender shall have wrive:d such option to accelerate if, print to the sale or transfer. Lender
<br />and the person to whom the Property is to be sold ar transferred reach agreement in writing that [he credit of such person
<br />is satisfactory to Lender and the[ the interest payable nn the sums secured by this Deed pf Trust shall be at such rate as
<br />Lender shall request. 1f 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 lty Lender, Lender shall release Borrower from
<br />aB obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerare. Lender shall mail Burrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than l0 days from the date the notice is mailed within
<br />which Borrower ma}' 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 nn Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN-Uvteoatd Covta+nrtrs. Borrower and Leader further covenant and agree as Tollows:
<br />18. Accekralion; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower is this Deed of 'T'rust, including the covenants to pay when due any sums secured by this Deed
<br />of Ttosl, Lender prat to accekratan shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) :he
<br />breach; (2) the aetan required to cure such breach; (3) a dale, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in accekration of the soots secured by this Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate aHer acceleration and the right to bring a couN action to assert
<br />the rwn-existence of s default or any other defense of Borrower to acceleration and sale, If the breach is not cured
<br />on or before the date specified in the notice, Lender at [.cadet's option may declare all of the sums secured by ibis Deed
<br />of Trust to be immediatdy due and payable without further demand and may invoke the power of sale and any other remedies
<br />permiHed by applicable law. lender shalt be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedks provided in this paragraph 18, inetudiog, but trot limited to, reasonable attorney's fees.
<br />If the power of sak is invoked, Trustee shall record a notice of default in each county in which Gtc Property ur some
<br />part thereat is heated and shall mail copies of such notitt in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicabk law. After the lapse of such time as may be required 6y applicable law, Trustee shall
<br />give public notice of sak to the persons arui in the manner prescribed by applicable law. Tr[Wee, without demand on
<br />Harrower, shah seY the Property at public auction to the highest bidder a! the time and place and under [he terms designaletl
<br />in flue aatice of sak io one or more parceb sad in such order as Trustee may determine. Trustee may postpoce sate of ail
<br />or say parer{ of the Property by public announcement of the time and place of any previously scheduled sale. Lender or
<br />Leader's designee may purchase the Property at any sale.
<br />Upon recdpt d payment of the price bid, Trustee shah deliver to the purchaser Trusters deed conveying the Property
<br />sold. The recitals in the Trustee's deed shaN.be prima facie evidence of the truth of the st9temenls made thereto. Trustee
<br />shaft apply the proceeds of the sale in the-following order: (a) to alt reasonable costs and expenses o[ the salt, including, but
<br />net iiaditd to, Trustee's fees of trot more than _ _ ? . G_, _ _ _ co of the gross sale price, rcasaoable attorney's fees and costs of
<br />videace; (b) to aU sums stcured by this Deed of 'Trost; and (r) the excess, if any, a the person or ;parsons kgaBy entitled
<br />t9. Hartower's RlBht to Reinstate. Notwithstanding Lender's acceleration of the sump secured by this Deed of 'trust,
<br />Borrower shat) Gave the right w Nava any proceedings begun by i.ender to enforce this Deed at 'True discontinued at
<br />any (tale prior to the earlier to recent of (i) the Bfth Jay before the sale of the Propery pursuant tv the power of sale contained
<br />inthis Deed 9[ Trust nr (ii) emry v(a jnxigrrtent enforcing this Decd of Tntst if: (a) Borrower pays Lender all smttc which would
<br />he rhea due utvder Chia G?ead of 1`mst, the Note anti nines securing Furoro Adssnce>, if anp. MaJ no acceleramat r>Lau'retl:
<br />tb; BpROwet cures atl- breaches of any caber covenants ar agreements pf Borrower cnntanted m this fh•ed of 'Trtnt;
<br />ta) Bnrrawer pays all reasonable av penses incurred by Letrder and `fntstee iu enforamg the N?venants and agreements ut
<br />Bryrtttwsr cuntatneJ is t#tts Deed of `Trust and w emfutaing Lender's anJ "Trustee's remedies ;as provide) ut parauraph S if
<br />hergsf, ntctvding, but. nrN limited tit, reasunablr anorney's fees. trod Id7 Borrower takes Bach alt,+zn az Lender may rrason:abt}.
<br />requuct to aseuru that rite lien v( this Ih:eii +rt Trust, Lender`s uxerest rn t}rt Pr.>prnv and Bztrr:+wur`z ribligutton to pay
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