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<br />9. loondemnation. The proceedx pl' any :Huard pr claim ter damages. direct or consequentiah in connection with any
<br />condemnation or other taking of the Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid [o Lender.
<br />In the event of n total taking of the Property, the-proceeds shat! he applied m 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, artless Borrower and Lender
<br />otherwise agree in writing, there shall 6e applied to the sums secured by this Deed of Trust suchproportion of tfie-procceds
<br />as is equal to-that proportion which the amount of the sums secured by this Deed of Trust immediffiely prior to*tfie date of
<br />taking~bears to-the fair market value of the Property immediately prior to the date-of taking, with ihebalance of the.proaseds
<br />paid to Borrower.
<br />if the Property is abandoned by Borrower, or if, after optics by Lender [o Borrower that the condemnor oRers io Hake
<br />an award orsettle a claim-for damages, Borrower faits to respond to Lender within 30 days after the date~such'notice,ir~
<br />mailed; Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration- or-.repair of Yfie
<br />Property or to the sums secured by this Deed of Trust. ~ -
<br />Unless-Ixnder and Borrower otherwise agree in writing, any such application of proceeds to principalshall-not'ektend'
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change-the amount-of'
<br />such installments.
<br />10: Borrower Nol Released. Extension of the time for payment or modification of -amortizatiorcnf the sums secured.
<br />by this Deed of Trust granted by [..ender to any successor in interest N Borrower shalLnot operate (o- release, in any tnannec
<br />the liability of the: original Borrower and Borrower's successors in interest. Lender sfialt:noEbe!required'lo~ commence:
<br />proceedings against such successor or refuse to extend time for pa}^ment or otherwise modify amortization of;the~ sums
<br />secured by this Decd of Trust by reason of anp demand made bythe-original Borrower and Aorrower's successors !ri-intertsr.'
<br />11. Pnrbearance by bender Not a Waiver. Any forbearance by Lender in exercising any rightorremedy-hereunder,+nr`
<br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of -any lush-right--orrremedy.
<br />The procurement of insurance or the payment of taxes pr other liens or charges by Lender shall not be~a waiverof'Lertder=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 Decd of Trust or afforded by law or equity, and may be exercised concurrently; independently=°or
<br />successively.
<br />13. Successors amt Assigns Bound; Joint and Several Liability; Capllnns. The covenants and agreernents:~herein
<br />contained shall bind, and the rights hereunder shalt inure to, the respective successors and, assigns of Leuder:and:Borrovier,-
<br />subjec[ to the provisions of paragraph 17 hereof. A!I 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 m.-be-used= fo -
<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=ro
<br />Borrower provided for in this Deed of Trust shall he 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 />fb) any notice to Lender shall be gis:~n by certified mail, return receipt requested, m Lender's address stated herein onto
<br />such other address as Lender may designate. by notice to Bprrower as provided herein. Any notice provided for in dhis
<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 Trost; Governing Law; Severability. This form of deed of trust combines uniform covenants-for
<br />national use and non-uniform cpvcnanis with iinrited .r-- -- by )nrsd~arn constitute uniform s lost^_men[
<br />covering real property. This lleed 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 pf "trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust pr the Note which rm be given effect without the cpn0icting provision.
<br />and to this end the previsions of the Deed pt Trust and the Note arc declared tp be severable-.
<br />16. Bwrower's Copy. Borrower shall he furnished a conformed copy nl' the Note and of this Deed of Trust at.ffie-time '--
<br />of execulipn or after recordation hereof. -
<br />17. Transfer of the Property; Assumpfion. If all pr any part of the Property or an interest therein is sold =artransferred:• .
<br />by Borrower without Lender's prior written consent, excluding la) the creation o[ a lien or encumbrance subordinate--tp-
<br />this Deed of Trust, {'b) the creation of a purchase move} security interest for house}ioldapplianees,_(c).a tcansfer.6y~,dgvise,
<br />descent or 6y operation of taw upon the death of a joint tenant or
<br />Lender may, at Lender's option, declare all thrsutnssecured by this-Deed.pf Trust-to-6e:.=.
<br />immediately due and payable. Lender shall have waived such pption to accelerate if, prior to the sale or transfer,. Lender--
<br />and the person to whom the Property is to be sold pr transferred reach agreement in -writing [hat the credit of such- person
<br />is satisfactory to Lender and that the interest payable on the scans secured by this Deed.oC T'rusbshall'.be at such ,rate-gas
<br />Lender shall request. If Lender has waived the option to accclcrne provided in this paragraph IJ, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing hq 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 aceeleraatrn~ht~ltcl~iird~tce with
<br />paragraph 13 hereof. Such notice shall provide a period nF not Ices than 3l} days froiii IF.e date; Ih~ ~tdti`>w is mailed •a;tfim
<br />which Borrower may pay the sums declared due. tf Borrower fails to pay such sums prior to the, expir4ti4n, of such;pet`iod.
<br />Lender may, without further notice or demand pn Borrpwer, invoke any remedies permitted°by=paragraph 18 hereof:
<br />Noa-UNIFONM CovexsNrs, Bprrower and Lender further covenant and agree as follows:
<br />10. Aecelerafioa; Remedies. Except as provided in parakraph I7 heccof, upon Borrower's breach uF.any.coveoanl or
<br />ageearent of: Borrower in this Deed of Trust, including the covenants to pay when due any sums secured-by:.fhis-Deed
<br />of Trust, Lender priorao acceleration shell mail notice to Borrower as prpvided in paragraph 14~ hereoL specifying; (1)- the
<br />Breach;. (2)_the-action required to cure such breach; (3) a date, not Tess than 30 days from the date the notice is .mailed ao
<br />Dorrower,,by.whlcb suchbreach:.tnttsl be cured; and (4) that failure to care such breach on or before the-.date specified.
<br />is ttre.nolice may result in acceleration of the sums secured.by this Deed of Trust and sale of fhe Property. The notke
<br />?haY further inform. Borrower of the right to reinstate after acccleralioo and the right to-bring a court action to assert
<br />t!}e rrua,esistence. of a .default or any other Defense of Borrower to acceleration and. sale. If the breach is not cured
<br />w or before the date, specified in the notice, Lender at Lender's option may declare all of the sums secured- by this. Deed
<br />ot-Trastt_obe immediately due and-payable withmd further demand and may invoke the power of sale.and any other, remedies
<br />petaaitted by applicable -law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />rerttedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If fhe power of sale is inroked, Trwtee shall record a notice of default in each county in which the Property or some
<br />earl thereof is.locattd.and shall maB copies of such nolke 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 6y applicable law, Trustee shall
<br />give public rp-ke of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />BorroweG sBallsell the Property at public auction to the highest bidder nt the time and place and under the terms designated
<br />is ttre.rrofkeofsale_ia one or more parcels and in such order as Trustee may determine. Trustee may postpone sak:of.all
<br />a< asy p~rcet of.fhe Property by public announcement al the Time and place of any previously scheduled sale. Lender or
<br />~~r~^'~+KUee may purchase the Property at any sale,
<br />Upon rettipl of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the 1'ruuse's deed-ship be prima facie evidence of the truth of Ilie statements made therein, Trorlee
<br />saaY apply the proceeds of the sak ~in the folbw' ot<der: {a) to all reasonable casts and expetr;es-pf the sale, includiuuR;-but
<br />not Bmited to, Truxiee's fees of not more thaw 1~:. O f 1 ~ of the-Bross sale- price, reacoagbla.attomey's.fees and:sosf~of
<br />tMle evi4ncs; (B)la.all s4rq_5 sehured.by lhi5i Dead, o['1'cust; and (c), thceitcpsa, if ang laths, parson or persons Ie6plly enffflsd_
<br />tberNo. - -
<br />19, ierrotver'sr$i`ltf to Reinstate. Notwithstanding Lender's accelenttipn of the sums secured by this Deed of Trust,
<br />7>lorrpwcr shall have the•rigtit to.have any proceedings begun by Lander tp enforce this Deed of "(`rrtst ciisepntimied at
<br />any time prior tp the earlier fp accurpf (i) the fifth day before Chs .Tale of the Property pursuant tp die pewee pf sale oantained
<br />in this Deed of firlistor {ii) entry of a judgment enforcing This tk:ed pf Trust if: la) Bprrower pays Lender alt sums which would
<br />be [hsti duv under. this Decd of Tretst, the Note and notes securing Future ,4dvantes, if any, hod np acceleration occurred:
<br />(bi 8orruyei cures a!t breaches pf any other Gpvenants pr agreements of Borrower contained in thts Deed of Trust;
<br />t~) Burrower nays alt reasonable sspsnscs inctxrecf by '4endcr arnd Trtrstec in enfaremg the covenants and pgreemen[s of
<br />tl4frpwcr containctl in this DaFd pf Trust aFad in enft)reing [.nndcr"s and Trustee'e renedies ae provided in paragraph 18
<br />herrpf. ir~audirtg, but nutli[}titsd to, reax~nabls;atprnvsy's fees; and (d) Bprmwcr bakes such artipn as L.crtder naaY tibauxrabiy
<br />ret)iiire Ui assure that fhe iistt of this lls4d- pt ')'ruxt, 1 endsr's iniere,~t to the Pn party and Bprrpwer n pbhgatipn t+~r pay
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