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<br />$4--~'~i1,0545
<br />' 9. CoadrmnaNon. The proceeds at any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, ar part [hereof, 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 fie 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 burs 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 Properly is abandoned by Borrower, or if, after notice by Lender to Borcower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails [o 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 Nof Released. Fattension of the time far payment or rnodifica[ion 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 onginal Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />prt;cndi,:gs -gains: su^!: st»^°°~.::,r or e''~se ^ exte.^.d ti^•e fcr ^evn:enr ,_,r ntM,w;s..,,_c,rfify amnrri>annn of thi 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 6y Lender Not a Waiver. Any forbearance by Lender m exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not !?e 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 no[ 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 m this Deed of Tnist are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or eyutty. and may he exercised concurrently, independently or
<br />successively.
<br />13. Sucse~ors and Assigns Bound; Jam and Several LiabiH[y; Captiom. The covenants and agreements herein
<br />contained shall bind, and ilia nghts hereunder sha8 inure tn. the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof Alf ~ovenants and agreements of Rorrower shalt 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 requred under applicable law u? he given in another manner, la) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by marling such notice by certified mail addressed to Borrower at
<br />the Properly Address or at such other address as Dornwer may designate by notice to [.ender as provided herein, and
<br />fb) any notice to Lender shall be given by certified mint, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by nohre to Borrower as provided herein. Any notice provided far 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; Severab$ily. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited vanauons by }unsdiction to constitute a uniform security instrument
<br />-Ducting real propetty. This Deed of Trust shall be gm~erned 6y the law of the lunsdiction m which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or [he Nate conflicts with applicable law, such conflict shall
<br />not affect otlxr provisions of this Deed of Trust or the Note whrch can he given effect without the conflicting provision.
<br />and to this end [he provisions of the Deed of Trust and the Note are declared :a Fx: severable.
<br />14. Borrower's Copy. Borrower shall he furnished a eon formed arpy of the Note and of this Deed of 'trust at the time
<br />of execution or after recordation hereof.
<br />17, Tratsder of the Properly; Assumption. if all or any part of [he Property or an interest therein is sold ar transferred
<br />by Borrower without Lender's prior written consent. eticluding (a} the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, fb) the creation of a purchase money secunty iraeresi for household appliances, (c) a transfer by devise.
<br />descent or b}• operation of taw upon the death o(a luint tenant or f d } the grant of any leasehold interest of three vests or less
<br />not containing an option to purchase, Linder may, at Lenders option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such opuon to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Propert}' is to be sold or transferred reach agreement m writing that the credit o[ such person
<br />is saCisfaclory to Lender and that ttx interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall regraxt. If Lender has warved the opuon to accelerate provided in this paragraph l7, and if Borrower's successor
<br />in interest has executed a written assumption agreemem accepted m writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and rho Notc.
<br />If Lander exercises such option to accelerace. Lender shall mad Rorrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of nut less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. (t Borrower fads to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on $urrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN-Untroast Covetvetvrs. Rorrower and Lender further covenant and agree as follows:
<br />18. Accekralioa; Remedks. Except a5 provided in paragraph 17 hereof, upon Borrower's Dreac6 of any covenant or
<br />agreement of Borcower in this Deed of Trust, including the covenants to pay when due aay sums secured by this Deed
<br />at Trtnt, bender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (31 a date, not less Nan 30 days from the date fhe nolke is maBed to
<br />borrower, by whkh such breach rote( be cured; and 14) that failure to core such broach on or before the date specified
<br />in the police may resu$ in accekration of the sums secured by this Deed of Trust arrd sale of the Property. The notice
<br />shat furt-er inform Borrower of the right to reinstate after accekratton and Ne right to bring a court action to assert
<br />the non-exigewce of a defauU or any slier defetrse of Borrower Cn acceleration and sale. If the breach is not cured
<br />on or before the dale speci6Kd in the notice, Leader al Lender's option may declare all of the sums secured by this Deed
<br />of Trot to be intarediatdy due and payable without further demand and may invoke the power of sak attd any other remedies
<br />permitted by applicable law. Lander shall fie entitled to co0ecf all rrasonabk coals and expenses incurred in pursuing fhe
<br />remedies provided iw Ihis paragmpM Ig, ineludtag, but not timiled lo, reasonable atloraey's fees.
<br />If Ilre power of stlk is iaroked. Trustee shall record a police of default in each county in which the Properly or some
<br />part thereof is located and shah mail copies of snch notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribe/ by appltca-k hw. Attar the taper of such time as may fie required by appileahle law, Trustee shill
<br />give public aolice of sale fo the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Harrower. s-aY set the PropeAy at public auction to the highest bidder al the time and plan and under the terms designated
<br />ie the aalice of sak iw ose a morn parnb and in such order a, Trustee may determine. Trustee may postpone sate of all
<br />or aay pared of the Property by Public announcement at the rime and place of any previously schedrded sak. Lender or
<br />l.eeders tksigaec wuy pmchme the Property at any sak.
<br />Upon receipt of p.yareN of the price bid, Trualee shalt deliver to the purchaser Trustee's deed conveying the Property
<br />soN. The recitals is lira Trtrrlee's Bred shah be -prirrra tack evidence of the truth of the stafemen4s made therein. Trtn-ee
<br />shall apply tht preeeeds of the sak in lbe ftrBowjagorders (a) to all rcasonahle costs and expenses of the sak, ineiudiag, but
<br />nai NsaYad to, TrwMe's fees of sot more than _ _ _~_ _ _ _.._ ~ of the gros sak price, reasonable gtotaey's fees and costs of
<br />fi14 cviieare; 16110 aY span secured by Nis flied of Trrw: and (c) the excess, it aay, to the ptrson w persons legally cnlifled
<br />tbawb.
<br />1f. Horrowtrr"s Right M AeinMMe. Notwethstanding Lender's acceteratiat of the sums secured by this Decd of Trust.
<br />Borrower sfiall have the right to hare any pn-xccedings begun by Lender ra enforce this Deed of Trust iiscantinucd at
<br />any aline prior to the earlier to occnrof (i} the fifth da}• before the sale of the Property pursuant to the power of sole contained
<br />in tixix Decd of Trnrt or fi+) emq of a judgment enforcing this Deed of Trust if: fa) Borcower pays Lender nB soma which wnuld
<br />be then due under this Deed of Trust. rho Note and natcs securrng Future Advances, if soy, had na acceieranan cxcurred:
<br />(h) )IOrrower cures all breaahcs of any other covenants or agreemems of Borrower contained in tMs Dyed of Trust:
<br />let Borttkvrer pays alt reasonable ezperares mcurreci by (,ender and Trustee in enforcing the covenants and agreements of
<br />$orroyvcr cnmafrxed in this Dted of 7`rust and m enforcing Lender a and Trustee`s remedies as provided m paragraph. 18
<br />herauf, itscludittg, but trot limited tu, reasonable attorney`s fees: and idM Barre:wcr takes such scut+n as Lender mar reasanahly
<br />tuna fcr assure Shat the }tart cat this Desxl o[ 'Irregt, Lenders inicrest u, Che Property and Bcxrretwer's ohlrgntran to pav
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