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<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 sball be paid to Lender,
<br />In tbe event of a total taking of tbe Property, tbe proceeds sball be applied to tbe sums secured by tbis Deed of Trust,
<br />witb tbe excess, if any, paid to Borrower. In tbe event of a partial taking of tbe Property, unless Borrower and Lender
<br />otberwise agree in writing, tbere sball be applied to tbe sums secured by tbis Deed of Trust sucb proportion of tbe 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 />taking bears to the fair market value of tbe 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 0' settle a claim for 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 otberwise agree in writing, any such application of proceeds to principal sball not extend
<br />or postpone tbe due date of tbe monthly installments referred to in paragrapbs I and 2 hereof or cbange 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'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 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 />11. - Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otberwise afforded by applicable law. sball not be a waiver of or preclude tbe exercise of any sucb rigbt or remedy,
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shaH not be a waiver of Lender's
<br />right to accelerate tbe maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. 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 />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 J 7 hereof. AH covenants and agreements of Borrower shall be joint and several.
<br />The captions and beadings of tbe 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 sucb otber address as Borrowe, 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 Lender may designate by notice to Borrower as provided herein, Any notice provided for in tbis
<br />Deed of Trust sball he deemed to have been given to Borrower or Lender when given in the manner designated herein,
<br />IS. Uniform Deed of Trust; Governing Law; SeverabilitJ. 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 tbe Property is located,
<br />In tbe event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law. such conflict shall
<br />not affect otber provisions of this Deed of Trust or 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 he 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 bereof,
<br />17. Transfer of the Property, Assnmption, If all or any part of the Property or an inte,est therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate 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 leasebold 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 Deed of Trust to be
<br />immediately due and payable, Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and tbe person to wbom tbe Property is to be sold or transferred reach agreement in writing that tbe credit of such person
<br />is satisfactory to Lender and that the interest payahle on the sums secured by this Deed of Trust shall be at sucb rate as
<br />Lender shall request, If Lender ha:; waived the option to accelerate provided in this paragrapb 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 />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 14 bereof. Such notice shall provide a period of not less than 30 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 period,
<br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof,
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreemenl of Borrower in this Deed of Trusl, including the co\'enants to pay wben due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as pro\'ided in paragrapb 14 bereof specifying: (1) the
<br />breacb; (2) tbe action required to cure sucb breach; (3) a date, not less Iban 30 days from the date the notice is mailed to
<br />Borrower, by wbicb such breach must be cured, and (4) Ihat failure 10 cure sucb breacb on or before the date specified
<br />in the notice may resull in acceleration of the sums secured hy Ihis Deed of Trust and sale of tbe Property. The notice
<br />shall further Inform Borrower of lbe right to reinstate after acceleration and the right to bring a court action to assert
<br />tbe non-existence of a default or any olher defense of Borrower 10 acceleration and sale, If the breach is not cured
<br />on or before the date specified in Ihe notice, Lender at Lender's option may declare all of the sums secured hy tbis Deed
<br />of Trust 10 be immediately due and payable witbout fnrther demand and may invoke the power of sale and any olber remedies
<br />pennitled by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing Ibe
<br />remedies provided in tbis paragraph 18, including, but nol limited to, reasonable attorney's fees.
<br />If the power of sale is i",'oked, Trustee sball record a notice of default in eacb county in wbich the Property or some
<br />part tbereof is located and sball mail copies of such notice in tbe manner prescribed by applicable law to Borrower and to tbe
<br />other persons prescribed by applicable law. After the lapse of such lime as may be required by applicable law, Trustee sball
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, witbout demand on
<br />Borrower, sball sell the Property at public auction to the bighest bidder at Ihe time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Tnlstee roB)' determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement al the time and place of any previously scheduled sale. Lender nr
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of tbe price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recllals in Ibe Trostee's deed sball be prima facie evidence of the trutb nf Ihe statements made tberein, Trustee
<br />sball apply Ihe proceeds of the sale in the following order: (a) to all reasonable costs and expenses of tbe sale, including, but
<br />not limited tn, Trustee's fees of not more than 1/2 of 1 % of the gross sale price, reasonable attorney's fees and costs of
<br />title evidence; ,b) to all sums secured by tbis Deed of Trust; and (c) the excess, if any, to the person or persons legally enlilled
<br />thereto.
<br />19. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums secured hy this Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />~ny tim~ prior to the earlier to decur of (i) the fifth day before the sale of the Pruperty pursuant to the power of sale contained
<br />. to thi~ Deed of Trust ,,!r (iil entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />be- theo due under thts_ Deed or Trust. the Note and ootes. securing Future Advances, if ~\ny, had no acceleration occurred:
<br />(0) Borrower cures atl breaches of any other covenants O( agreemcnl'\ of Borrower contained in this Deed of Trus-t;
<br />(c) 8()rrowc( pa.ys al! rea~nabJe expe~ses inc:u~red by L.emJcr and ,TruMec in cn~orcjng t~c ...:ovcnnn,ts an~ agreements. llf
<br />Borrow~r con~amed In th.l~ ~d of 1 rust and m enf('r.cmg Lenders a.nd Trustees remedies ;lS prOVided III paragr~lph I~
<br />hereof, mcludm&. hut not !trolled to, reasonable ottorney s fees; and (d) Borrower takes such action os Lender may re."'n,,bh'
<br />require- to asSU_fC that the: lien of this Deed of Trus.t. Lender's interest in the Property and Horrowcr\ l)bligalit)n fLl pa~
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