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<br />9. Condemnation. The proceeds of any awazd 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 [he event of a total taking of tbe Property, the proceeds shall be applied to the sums secured by this Deed of Trvst,
<br />with the excess, if any, paid [o $orrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, them 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 stuns secured by this Deed- of Trust immediately prior to the date of
<br />taking bears to the fair market va[ce of the Property immediately prior to-the date of taking, with th8-balance of the proceeds
<br />paid to Borrower:
<br />1f the Property is abandoned by Borrower, or if, aher notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Bottower 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 o€ 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 principalshali not extend-
<br />or postpone the due date of the monthly installments referred to in paaagraphs I and 2 hereof of change the amount of
<br />such installments.
<br />18: Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Dced of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manneq
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify atrrortization of the sums
<br />secured by this Decd of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11: Forbeataner by Lemler Not a Walver. Any forbearance 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 shalt not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12 Remedies Cumnladve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or retrtedy under this Deed of Trust or afforded by law or equity, and ma}' be exercised concurrently, independently or
<br />successivelyy.
<br />13. Suece~ors acrd Assigns Boutrd; joint and Several LiabBlty; Captions. The covenants and agreements herein
<br />contained shall bind, and the nghts hereunder shalt 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 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 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 to Borrower at
<br />the Property Address or at such other 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 Leader 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 the manner designated herein.
<br />t5. Uniform IRed of Trrot; Governing 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 constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be 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 previsions of this Deed of Trust ar the Note which can be given effect without the conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Note are 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 after recordation hermf.
<br />17, Transfer of the Property; Aa~amption. !f all or any part of the Property or an interest therein is sold or trans. '^d
<br />by Borsower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinau 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, declnre aft the sums secured by this Deed of Trust to be
<br />immediately dire and payable. Lender shall have waived such n lion to accelerate if, prior to the sate or transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />es satisfactory to Lender and that the interest payable an tbe sums secured by this Deed of Trust shall be a[ such rate as
<br />Lender shall request. [f 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 />ail obligations under this Deed of Trusf and the Note.
<br />If Lender exercises such option m accelerate, Lander shalt mat! Borzower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of net lus than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period,
<br />Lender may. without further notice or demand on Borrower, invoke auy remedies permitted by paragraph 18 hereof.
<br />No&-U wpoata CovEaet+rs. Borrower and Lender further covenant and agree as follows:
<br />18, Accekratbm; Remedies. Except as provided in paragraph t7 hereof, upon Borrower's breach of any covenant or
<br />agreemrnl of Borrower in this Ueed of Trusf, including the covenants to pay when due any sums secured by this Ueed
<br />of Trust, [xnder prior to accelerat[on stall maB notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (J) a date, not less than 30 days from the date the notice Is maBed to
<br />Borrower, by which such breach muu br cured; and (4) that failure to rare such breach on or before the date specified
<br />iu the. notice may resuif in accete[atbn o[ the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shag futt)xr dntorm Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or nny other defense of Borrower to acceleration and sale. if the breach is not cured
<br />on or before [Ix date specified in the notice, i.ender at Leader's option may declare ail of the sums secured by this Deed
<br />of Trust fo be immediately due and payable without further demand and may invoke the power o[ sale and any other remedies
<br />permitted by applicable law. Lender shall be rntitkd to co[hcl all reasonable costs and expenses [ncurzed in pursuing the
<br />remedies provided in t6~ paragraph I8, including, but not limbed to, reasonable attorney's Fees.
<br />if the power of sale is invoked, Trustee shalt record a notice of default [n each county in which the Property or some
<br />part thereof is located and shall ma[I copies of such notice in the manner prescrilxd 6y applcable law to Borrower and to the
<br />other persons prescribed by applicable taw. After the lapse of such t[me as may be required by applicable law, Trustee shall
<br />glue pabfic Harlot o[ sale [o the persons and in the manner prescribed by applicable law. Trustee, without demand ou
<br />Borrower, shall sett the Property ai puWic auction to the highest bidder at the time and place and under the terms designated
<br />in fix notice of sale to one ar mom parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any pure[ of tht Properly by public announcement at the time and place of any previously scheduled sale. Lender or
<br />leader's desigixc may parcbase the Property at aay sale.
<br />Uptm receipt o[ paytuemt of the price bid, Trustee shag deliver fu the purchaser Trastre's deed convey[ng [he Prrperty
<br />iokM. The recitals is ttie Trustee's dyed shall be prima facie evidence of the truth of the s[alenrents made therein. 'Trustee
<br />siratl apply the proceeds of Utr salt- Im the fullowirtj; order: (a) to alt reasonable costs xnd expcasrs of the wlr, including. but
<br />riot IhuUcd.to. Trtt~tee's fns of not Hare than Y: of /~ of fhr grrk5s sale price, reasaaable n[toruey's fern and costs of title ev[dence:
<br />(b} to aB-straR secursd by ibis Iced of `feast; and [e) the excess, if any, to the poison ur persons legally entitled thereto.
<br />14, lbaowc~a Riebt to Re[rrrtate. Notwithstanding Lrndrr's acceleration of [hr sums secured by this Decd of "1'nist,
<br />Borronyef afiaij have fhr right to hove an}' Proceedings begun by Lender to e:rforce this Deed ~:f Tnist discontinued at
<br />any #ime prior to tM: earlier to rx:cur at (i} ihr fifth day trrforr the safe of the Progeny pursuant to the power of sale contained
<br />in ihis'Dced of Trtrsi or iii) entry of a judgntrnl enforcing this Ored of 'trust if: (a1 Borrower pays Lender alt wms which would
<br />be then due under this Derd of Trust. f r Nate and notes securing Future Advances, if any, had na acceleratinn accurrcd:
<br />4b} Borrower curet all brrachs's el any other covenants ar agreements of Barrowci captained in thin Deed a( 'Eruct;
<br />{cj Borrower psys all reetanable ex rases incarrrd by Lender and Trustee In enforcing the cavrnants. acrd agrernx^.n#s at
<br />Bntsorvtr osuetatteil in #his Dced ot~Trust and in enforcing isnilers and Trrstce's remedies ns pravidril in paragraph i
<br />hereof, iacffrdjttg,-but Hai limited to, rrasanah[e s+tt+xnry`s fees: and (di Barfvwcr takes such action as I.cndrt may rcaxinah3y
<br />regaat`m k: asturc thaf thx lira of tlsis 17rrd aC "Trust, l.enilets imtcrrst in ;he Prapeny .and Barn+wer'.+ ±thhgation ua paY
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