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<br />$4 --ijG0195
<br />9. Condemnation. 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 part 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 Beed 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 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 />takivg 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 [he Properiy is abandoned by Borrower, or if, after notice 6y Lender to Borrower that the- condemnor offers to make
<br />an award or settle a claim [or 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 nor 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 amortization 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 c 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 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 />1]. Forbearance by Lender Not a Waiver. 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 shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trusr.
<br />12. Remedies Cumulative. A!1 remedies provided in this Deed of Trust are distinct and cumulative to any other righh
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently-or
<br />successively.
<br />13. 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 the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />'Che 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 />24. Notice. Except for any notice required under applicable law to he 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 malt 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 shalt be given by certified mail, return receipt requested, to Lender's address stated herein or fo
<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 Borrowernr Lender when given in the manner designated herein.
<br />I5. Uniform Deed of Trust; Governirtg 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 he 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 provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of [he Deed of Trust and the Note are declared m be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy n(the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17- Transfer of.the Property; Assumption. If all or any part of the Property or an interest therein is sold or : °~cferred
<br />by Borrower without Ixnder's prior written consent, excluding (a) the creation of a lien or encumbrance subon Hate 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 Decd of Trust to be
<br />immediately due and payable. Lender shall have waived such opGnn to acce{erate if, prior to the sale or lrans[er, Lender
<br />and the person to whom the Property is to be sold ar transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secm'ed by this Deed of Trust shall be at such rate as
<br />Lender 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 is writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed 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 I4 hereof. Such notice shall provide a period of nut Icss than 3U days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such perod,
<br />Lender may, without further notice or demand on Borrower, im~nke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. BOrrOWer and I_Cnder (archer wvenant and agree as follows:
<br />IS. Acceleration; Remedies. Except as provided in paragraph t7 hereof, upon Borrowers breach of any covenaru or
<br />agreement of Borrower in this Deed of 'Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided £n paragraph 14 hereof specifying: (1) the
<br />breach; !2) the actan required to .are such breach; 13) a Aate, not less than 30 days from the date the notice tt mailed to
<br />Borrower, by which such breach roust be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this lked of Trust and sale of the Property. The notice
<br />shag fuAber inform Borrower of the right to reinstate after acmleration and the right to bring a court action to assert
<br />the non-existence of a 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 Lender's option may deelare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without £urther demvsd and may invoke the power of sale and any other remedies
<br />permitted 6y applicable law. Lewder shall be entitled to collect all reawnable eosfs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable attomey''s fees.
<br />tf the power o[ sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall maB copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable taw. After the lapse of such time as may be required by applicable law, Trustee shall
<br />glue public notce of sale to the persons and in the manner prescribed by applicable taw. Trustee, without demand on
<br />Borrower, shaft sell the Property ai public auction tv the highest bidder of the time and place and under the terms designated
<br />in the notice of sak fo ace or more parcels and in such order as Trustee may determine. Trustee may postpone sale of alt
<br />or any pared of the Property by public announcement ai the time and piacc of any previously scheduled sale. Lender or
<br />Lender's designce may purchase the Property at any sale.
<br />Upon receipt of payment of the price hid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in !be Trustee's deed shgB be prima tack evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds o[ the sak 3v the foilowin order: (a) to alt reasonable costs and expenses of the sale, including, but
<br />ant Bmlted iq Trustee's fees of not more Than _ _" Z •' _ _ __ ~ of !be gross sale price, reawnabte attorney's tees and costs of
<br />tifk evidence; Ib) to aB sutra secured by ibis Deed of Tnah and Ic) the excess, i[ any, to the person or persons legally en8tled
<br />tketsto.
<br />19. Batrower's Right to Reinstate. Notwithstanding Lender's acccieratiun of the sums secured by this Deed of Trust.
<br />llurrower shall have the right to have any proceedings begun by Lender n+ enforce this Lh;:d of Tn+st discontinued at
<br />any tune prior to the earlier to occur of fi) the fifth Jay befare the sale of the Property pursuant to the paver of sale contained
<br />in this Deed of Trttst ar iii) entry of a judgment enforcing this Decd of Trust if: ta) Barrowcr pays Leader all sums which would
<br />ere then due under this Died of Tract, the Note and Hates ucuring Future Advances, i( any, had no acceleration occurred:
<br />(h) Borrower cures all trrcaches of any other covenants or agreements of Borrower Contained in this f)ced of T"rust;
<br />(c) Borrowee pays aN reasonable expenses incurred by bender and 7YUStee in enforcing the eoe~enunts and agrccmcots of
<br />Barrower coniamed in this Deed sat Trust and in enforcing I.rnder`s and Tru>zee's remedies as pruvidrd in paragraph IN
<br />hereof. ir+efudiag, but oat limited to, reasnnnbte attorney's fees; and td) fkrrrower takes such servo as Lender may reaunurt?ty
<br />repairs to assure That the lien of this Daed of T"rust. Lender`s iatcrrst in the Property and Barrower's obhgatinn to pay
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