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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 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 parti,l 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 !lla~e
<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 J 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. All remedies provided in this Deed of Trust are distinct and cumulativc to any other nght
<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 SeveraJ Liability; Captions. The covcnants 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. Nodce. Except for any notice required under applicable taw to bc givcn 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 [0 have been given to Borrower or lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Sel'erability. This form of deed of trllst combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction 10 constitute a uniform security instrument
<br />covering real property, This Deed of Trust shall he 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 he 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 lurmshed a conformed copy or the Note '\Dd of this Deed of Trust at the time
<br />of execution or after recordation hereof,
<br />17, Transfer of the Property; Assumplion. 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 meney security interest for household appliances, Ie) 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 he
<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 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 oy 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 0'
<br />agreement of Borrower in this Deed of Trust, including Ihe co\'Cnants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />hreach; (2) the action required to cure such breach; (3) a date, 1I0t less than 30 days from Ihe date the notice is mailed to
<br />Borrower, hy which such breach must be l'ured; and (4) that failure to cllre such breach 011 or before the date specified
<br />in the notice may result in acceleration of the sums secured by this Det>d of Trust and sale of the Property, The notice
<br />shall further infonn Borrower of the right to reinstate after acceleration and the right to bring a court action 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 />011 or before the date specilied in the notice, Lender at Lender's option may declare all of the sums secured by tbis Deed
<br />of Trust to be immediately dne and payable without further demand alld may invoke the power of sale and any other remedies
<br />penuitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but 1I0t limited to, reasonable attorney's fees.
<br />If the power of sale is in.oked, 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 applicahle law to Borrower alld 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 />gi.e public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demalld on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the lime 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. Trustee may postpone sale of all
<br />or any parcel of the Property by public aDllouncemellt at the time and place of any pre.iously scheduled sale, Lende, or
<br />Lender's designee may purch_ the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shail deliver to the purchaser Trustee's deed con.eying the Property
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not nmited to, Trustee's fees of not more than .112 .Q f 1 % of the gross sale price, reasonable attorney's fees and CIISts of
<br />title evidellce; (b) to all sums secured by this Dee Of TnlSt; and lc) the excess, if any, to the person or persons legally entilled
<br />thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's ,"cceleration of the sums secured by this Deed of Trust,
<br />Borrowe, shall have the right to have any procecdings 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 to the power of sale contained
<br />on this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lcnder all sums which would
<br />be then due under this Deed of Trllst, the Note and notes securing Future Advances, if any, had no .lcceleration occurred:
<br />(b) - Borrower cures all breaches of any other covenants or agreemenls of Born,)wer cOnlained in this Deed of Trust;
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agrecmcllls of
<br />Borrower contained in this Deed of Trust and in enfon;:ing Lender's and Trustee's remedies. as provided in p..uagraph I R
<br />hereof, including~ but not limited to. reasonable aUorney's fees; and (d) Borrower takes such action as Lender may rClI\onablv
<br />require to- assure that the lien of this Deed of Trust. l.ender's int~rest in (he pT()pcrty and Borrower's obligation to pa}
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