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<br />83--1JU1852
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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, a'e hereby assigned
<br />and shall be paid to Lender,
<br />In the event of a totaftaking of the Property, the proceeds shall be applied to the sums secured by tbis 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 condemno, 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 tbe 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. Borrowe, N"t 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 Bo,rower 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 insuTance 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 />lZ. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other Tight
<br />OT Temedy undeT this Deed of Trust or afforded by law or equity, and may be exeTcised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several LiabHity; 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 paTagraph 17 hereof. All covenants and agreements of BorroweT 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 />BOTrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addTessed 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; SeverabHity. 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 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 />Ifi, 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 />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 agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums sccured 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 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 peTiod 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 Deed of Trost, including the covenants to pay when due any sums secured by this Deed
<br />of Trost, Lender prior to acceleration shall mail not;.,e to Bo,rower as provided in paragraph 14 hereof specifying: (l) the
<br />breach; (2) the action required to cure sucb breach; (3) a date, not less than 30 days from the date the not;.,e is maDed to
<br />Borrower, by which such breach must 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 Deed of Trust and sale of the Property, The notice
<br />shall further inform Borrower of tbe right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or any otber 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 Trost 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 entided to collect ail reasonable costs and expenses Incurred in pursuing the
<br />remedies provided In this paragrapb 18, including, but not limited to, reasonable attorney's fees,
<br />If the power of sale is invoked, Trostee shall record a notice of default in each county in wb;.,h tbe Property or some
<br />part thereof is located and shall man copies of such not;.,e in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. Afte, the lapse of such time 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. Trostee, without demand on
<br />Borrower, shall seil the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Truslee may postpone sale of all
<br />or any parcel of th" Property by publ;., announcement at the time and place of any previously scheduled sale, Lender or
<br />Lender's designee may purch_ the Property at any sale.
<br />Upon receipt of payment of tbe price bid, Trustee shall deliver to the purcllaser Trostee's deed conveying the Property
<br />sold. The recitals in .tbe Trustee's deed sball be prima facie evidence of tbe truth of the statements made therein. Trnstee
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<br />not limited to, Trustee" fees of not more than .. 1 2 of 1 % of the gross sale price, reasonable attorney's fees and costs of
<br />:=d.ence; (b) to all sums secured by this Deed of Trnst; and lc) tbe excess, if any, to tbe person or persons legally enlitled
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<br />19, ""rrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the daht to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any, time prior to the earlier to Occur of (i) the fifth day before the sale of the Property pursuant 10 the power of sale containcd
<br />. in this.DeedofTrust or (ii) entry .of a judgment enforcing this Oced of Trust if: (a) Borrower pays Lender all sums which would
<br />be th~n due und!>r Ihis Deed of Trust. the Note and notes securing Future Advances, if any, had no acceleration occurred;
<br />(b) Boftower cull:S all breaches of any otheT covenants or agreements of Borrower contained in this Deed of Trusl:
<br />(c) DQrrower pays all reasonl!ble expenses incurred by Lender and Trustee in enforcing the covenants and agreemcnlS of
<br />BQrro.wer ConlalOed in this Deed of Trusl and in enforcing Lender's and Trustee's reme.dies as provided in paragraph IS
<br />h~f, including, but nOllimited to, reasonable altorney's fees: and (d) Borrower takes such ac,ion as Lender may rcason<lhly
<br />requIre- to assure that the lien of this Deed of Trust. tender's interes.t in the ]>ropcrty <lnd Borrower's obligati..m to pay
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