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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in conneuion 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 evmf of a total taking of the Property, the proceeds shall he 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 I-ender
<br />otherwise ague in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is squat to that proportion which the amount of the sums secured by this Deed of Trust immedtatety prior to 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 Finperty is-atrandoned try Borower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />-- awaru' u -attic a Clair for damagex, Borrower faits iv respond m Lender within- 3G days afire tirz daiz uctr notice is
<br />matted; Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration orsrepair of-the
<br />Property or to-the sums secured by this Reed 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 [he time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any succ:essvr in interest of Borrower shalt not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest Lender shalt 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 Ttvst by reason of env demand made by the original Borrower and Borrower's successors in interest.
<br />il. -Forbearance by Lender Not a TVaiver. Any forbearance by Lender in exercising any right of remedy hereunder, or
<br />otherwise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any such right or remedy.
<br />The ptocvtement 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 soured by this Deed of Trust.
<br />12- Remedies CumWative. Ali remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Tntst or afforded by law or equity. and may tie exercised concurrently, independently or
<br />successively.
<br />13. Successors atW Assigns Bound: taint and Strerat T.iabiiih•; Captions. The covenants and ~grezments herein
<br />contained shat{ bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />sub}ect to the provisions of paragraph 17 hereof. Ali covenants and aereemeats of Borrower shall be joint and several.
<br />i ne captions and headings of ifte paragraphs of ibis Deed of Trust are for convenience i~niy and are not to be uszd io
<br />interpret or define the provisions hereof.
<br />F4. Nofke. Except far any notice required under applicable taw to be given in another manner. {ai any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such nonce by certified mail addressed to Borrower at
<br />the Propeny Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />{h) any notice to Lendrr shalt he given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice [n Borrower as provided herein. Any notice provided for in this
<br />Deed of Tntst shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Urdform Deed of Trust; Governing Law; SeverahiBty. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by iurisdiction to constitute a uniform security instrument
<br />covering-tea! property. This Deed of Trust shall he governed by [he law of the jurisdiction in which the Property is located.
<br />to the event that any provision or clause of this Deed of Trust or the Nate conflicts with applicable law, such conflict shall
<br />not affect other provisions of this lleed of Trust or the Note which can t>c given affect without the conflicting provision.
<br />and m this end the provisions of the Deed of Trust and the Note are dretared m br severable.
<br />t6. Borrowers Copy. Borrower shaft he furnished a conformed copy of the Note and of this lleed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. II alt er any par[ of the Property or an interest therein is sold yr transferred
<br />by Borrower without Lender's prior written consent. excluding ta} the creation of a lien or encumbrance subordinate to
<br />this i]eed of Truss, fb) the creation of a purchase money security interest #or household appliances, (c) a transfer 6y devise.
<br />descent or by operation of law upon the death of a join truant arid) the grant of any leasehold interest of three veers or less
<br />not t:ontaining an option tv purchase, Lender may, a[ I_cnder's option, declare all the sums secured by this Deed of Trost to tie
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale yr transfer, Lender
<br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable vn the sums secured by this Deed at Trust shalt he at such rate as
<br />Lender shalt request. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrower's successor
<br />in inttrtest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />aB obligations under this Deeei of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mat[ Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a rivd of etrn less than i0 days from the date the notice is matted within
<br />which Borrower may pay the stuns declared due. li Borrower fails ro pay such sums prior to the txpiration of such period,
<br />Lender may. without further notice or demand on Harrower, invoke any remedies permitted by paragraph 1 g hereof.
<br />Nok-i)tVIFORM t:overrnrrrs. Borrower and Lendrr further covenant avd agree as follows:
<br />iR. Acceleration; Ranedies. Except as provided in paragraph t? hereof, upon Borrower's breach of any covenant or
<br />agrttmenf of Borrower in this Deed of Trust, includittK the covenants to pay when due nay sums secured by this Deed
<br />of Trust. Leader prior to aceekration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />hooch; (2I the acdoe required to cure such breach; (3) a date, not less than 3G days from the date the notice is mailed to
<br />Borrower, by which such breach mast tie cured: and (4) that Ea3lure to cure such breach on or before [he date specified
<br />io the aMice tmry resWt in acertention at the sums secured by ttrfs Deed of Trust and sale of the Properly. The notice
<br />shall tnrihu inform Borrower of the nigh! to reiestate after accYlentian and ihr right io tiring a court action to assert
<br />the non-ezisteace of a default or any ofhtr deftest of Borrower to acceleration and sale. # slit breach u not cured
<br />oe or before the title specifiW in the notice, Leader at Lender's option may declare aft of the sums secured by this Deed
<br />of Trust to ix immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted 6y appticahir law. Lender shall tie entitled to collect alt reasonable costs and expenses incurred in pursuing the
<br />remedies: provided in this paragtap6 iR, indtrdieg, but not limited tu, reasonable ariomey`s fern.
<br />H the power. nf- sale is invoked, Trustee shag record a mttiee of defaW[ in each county in which the Property or some
<br />part.tfiereot is located and shalt mail copies of such mttice in the manner prescribed by applicable law !o Borrower and to the
<br />other pcrsotrs prescribed try appBcabk taw, After the lapse of such time as may be required by applicable law, Trustee shaii
<br />give puhBc notice of stile fo the persons aed in the moaner prescribed by applicable law. Trusitt, without demand on
<br />Borrower, sftbll sett Me Property of public auction to the highest bidder at the time and piece and under the terms designated
<br />is-the notice of sale fa nor or more parttls amt in such order as Trwrtce may determioc, Trustee may postporce sate of ail
<br />or aey paravti of the-Property sty Public anrwunrtmeet at the limn and pure of any previously scheduled sale. Lender or
<br />Leader's designee may purchase the Property at any sale.
<br />tlpoa~teeeipt.of payment of the price bid, Trustee slta6 deliver to the purchaser Trustee's deed couveyiag [fie Property
<br />sold. The rcciiak in the Trustee's [Iced shag be prima Facie evtdeecr of the truth of the sYalemeats mad[ thereto. Truster
<br />shag rptpiy toe proceeds af..thc sale in tM following'slfdtr: (al to aB rensotwble costs amt expenses of the sate, inriuding, 6ul
<br />sotlirat~ed-to, Trustee's #ees of not mare thaa_ _ _ _.t.}_ _.. _. __ `~ of the gtti.ax sale price, reasonatde agorney's fees and costs of
<br />ti®e rvideat:c; tbl to aB soars secured by this-Dttd of Trust; and ici slit excess, if arty. In the aerson nr nersoas legally enfifhd
<br />thtt;Na
<br />lA Borrowers Right hi Rriastatc. Notwithslatrding Lender's acceleration of slit sums securt`d by this Deed of Trust,
<br />Bo»tr ahall &ayt the, right-to boor-any prvezeding begun by Lender to enfcm:c this Deed of 1'rtrat dLseontimeed at
<br />any stoic prilxr to the ~tirtiitr to x+ur of (i) the Sfih day berate the sate of the Property pursuant to the power of sa!r contained
<br />in fltm D4~rti vl~Truu or.(ii~emty of a jtttigt t cnfareing this Deed of Trust if: (af Borrower pays Lender alt sums which would
<br />rte thou due stttdec thin Dead of Trost. t)sr Nate and Halts secx_urng Puture~ Advances, it any, had fro aeceie~ration excurred:
<br />tb)- $oStivwer etrres. atf breatzhtx -of any other covenants or agrtrmems of Borrower contained in then Decd of "trust.
<br />tc3 Barrowtr-pays-alT taasurt8bkt expettsrs incurred by l.amkr and Trsutrc in rnforcmg the covenants and agrrcmrms of
<br />Botmwt<r clartaincd in tilts Deed of Trust -and in enforcing i-rcndrr ~ and Trustee'.. rremadies as provided in paragraph i g
<br />hereof, ipgludir~, [vat cwt timitrdin,, rcasaaalste attozne;'c Peet[[ acrd (dF &xzuwet takes stt~h action as Lendrr may reasonably
<br />r~t{uirr. ~kv ascufa tttai ihr, )inn s'+f this tletd of 'Frost. t.rndtr a imerrst its the Proprry and Barrower',r abtigauou to pay
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