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<br />83-()O Id0.;
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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection wit~ 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 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 Gi 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 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 />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. An 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 17 hereoL 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 />IS. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national llse 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 hy 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 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 Tfust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Properly 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 />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 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 agreemenl 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 shaH 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 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 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 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 />agreement of Borrower in this I)eed of Trust, including the co"enants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as pro,.ided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action ,equired to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cnre snch breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this Deed of Trnst and sale of the Property, The notice
<br />shall further inform Borrower of the right to reinstate after acceleralion and the right to bring a court action to assert
<br />the non-existence of a default or an.)' 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 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 entitied 10 collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, includiag, but not limited to, reasonable attorney's fees.
<br />If the power of 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 mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to tbe persons and in the manner prescribed by applicable law, Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to Ihe highest bidder at the time and place and onder Ihe terms desigoaled
<br />in the notke of sale in one or more parcels and in such order as Trustee may delermine, Truslee may postpone sale of all
<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 desillnee may purchase the Property al any sale,
<br />Upon receipt of payment of the price bid, Trustee shall delh'er to the purchaser Trustee's deed conveying the P,operty
<br />S9Jd~ Tbe r~-cit!!!s in. tbe Tt'l..L~~'s deed slu~lI be nrim~ facie e-,..ideJ1:C't' of the tnlth of the statemenlti made therein. Trustee
<br />shaII apply the proceeds of the sale in the iollowi~", order: (~) to all rea<onabIe costs and expenses of the sale, including,. but
<br />not Umited to, Trustee's fees of not more than 1/2 of 1% of the gross sale priet", reasonable aUorney~s fees and costs of
<br />titie evidence; lb) to all sums secured by this Deed of Tn"l; and (c) the excess, if any, to the person or persons legally entitled
<br />thereto.
<br />19. Borrower"s Right to Reinstate. Notwithstanding Lender's acceleration of the slims secured by this Deed of Trust.
<br />Borr?wer s~aH have the right to have any proceedings begun by Lender to enforce this Deed of Trust dis(.~ontinllcd at
<br />~ny ~Hne pnor to the ear.l.ier to dccur .of (i) the fifth d3;Y hcf?rc the sale of th~ Property purSwlnt to lhe power of sale contained
<br />In thlS Deed of Trust ,?C (II) entry?f a Judgment enforCing thiS Dee~ of Trust If: (a) Borrower pays Lender all sums which would
<br />be then due under thss Deed of rrust. the Note and notes securing Future Advances, if any, had 110 ac~dcration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Horrower cOnlaincd in this Deed l,r Trust:
<br />(c) Borrower p.a.ys at! rea~onabl~ expenses incu~red by I..endcr and Truslee in cnforclIlg Ih1: COVCIHiI1.ts an~ agreements Dr
<br />8orrow~r con~alOed In thl~ f?eed of TruM and In enforcmg Lender's and Trw;!cc's remedies as pro... tdeJ 10 paragraph I X
<br />hereof, mdudmg. but not limited to, reaMJnablc attorney's fees; and (d) Borrower totkcs sllch a(~tj<'fl <l'. Ll~ndcr OlaV Tl'a'L\Il;thh
<br />require h,l Msure that the lien of this. Deed of Trust, "Lender', interest In the Prol>erty ,md Horrpwcr', llhlig:lll~\n h\ p;t\
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