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<br />83- UOlthi,':
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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, 3rc 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 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 />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 Lender 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 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 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 amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in intefe-st 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 />n. 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 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 />] 3. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shaH 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 />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 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 Borrower or Lender when given in the manner designated herein,
<br />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants fo,
<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 conllicts with applicable law, such conllict shall
<br />not affect other 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 Df 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 hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest 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 />,his Deed "f 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 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 the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall request. If Lender hLs waived the option to accelera'e 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 />all obligations under this Deed of Trust and the Note,
<br />If Lender exercises such option to accelerate. Lender shaH mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. 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 10 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 bereof, upon Borrower's breacb of any covenaut 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 uotice 10 Borrower as pro,'ided in paragrapb 14 hereof specifying: (1) the
<br />breacb; (2) the action required to cure such breach; (3) a date, nol less thau 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be ,'ured; and (4) thaI failure to cure such breach on or before the date specified
<br />in the nolice may result in acceleratiou of the sums secured b~' this Ueed of Trusl and sale of the Property. The notice
<br />shall furtber inform Borrower of the right to reinstate after acceleration and the right 10 bring a court actiou 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 nolice, Leuder at Lender's option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasouable costs and expenses incurred in pursuing the
<br />,emedies pro,'ided in this paragraph 18, iucluding, but not limited to, reasonable attorney's fees.
<br />If tbe power of sale is invoked, Trustee shall record a Ilolice of defaull in each couuty in whicb the Property or some
<br />part thereof is located aad shall mail copies of sucb nolice iu the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law, After the lapse of sucb time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, sball sell the Property at public auction to the highest bidder at Ihe lime and place and under the terms desiguated
<br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of aU
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale, Lender or
<br />Lender's designee may purchase tbe Property at allY sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed connyillg Ihe Property
<br />sold. The recitals in tbe Trustee's deed shall be prima facie evideuce of tbe trtltb of the slatements made thereiu, Trustee
<br />sball apply tbe proceeds of tbe sale in tbe following order: la) to all reasonable costs and expeuses of the salc, including, but
<br />not limited to. Trustee'. fees of not more tban . 1/2 of 1 % of the I:ross sale price, reasonable attorney's fees and cost. of
<br />Iitle evidenee, (b) to all sums secured by this Deed of Trtlst; and (c) the excess, if any, to the person or persons legally enlitled
<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 imy proceedings begun by Lender [0 enforce this Deed of Trust discontinued at
<br />~ny time prior to the earlier to Occur of (i) the fifth day before the sale of th~ Property pursuant to the pO\.\'cr of sale contained
<br />10 this Deed of Tru&t <?r (ii) entry of a judgment enforcing this Dcc~ of Trust If: (a) Borrower pays Lender all sums which would
<br />be then due under thiS Deed of Trust. the Note and notes. securing Future Advances. if lmy, had no 3l.:ccleratit)n flC~lIITCd;
<br />(b) Borrower cures all breaches of any other covenants or agrt.-'emcnls of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays aU reasonable ex.~nscs incurred by Lender and Trustee in enforcing the i".'ovcnants and agrecmcnt~ \)f
<br />Borrow~r contained in this Deed of Trust and in enforcing Lender's and Tru...tcc's remedies ;lS provided in paragraph I R
<br />hereof. Including, but not lit:fllted to. reasonable attorney's fees; and (d) Borrower takes such action as Lender may rcasofhlbh
<br />requITe 1u assure that the lIen of this. Deed of Trust, Lcndcr's int~resl HI the Property and Borrower's \)oligation to I'")
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