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<br />9. Cmademnalion. The pruceerls of any ,~eard nr clmm Ior damage+, d+rect or conseyuenaal, ut connection with am
<br />condemnation or other taking of the Prolerty, or part IhereoL 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, rf any, paid to Borrower. In the event of a partial taking o[ the Property, unless Borrower and Lender
<br />otherwise agree in writing, [here shall be applied to the sums secured by this Decd of Trust such proportion of the proceeds
<br />:+s 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 Barrower, or if. after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages. Borrower fails In resptrnd to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at L..ender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Decd of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, nnV such application of proceeds to principal shall no[ extend
<br />or postpone the due date of the monthly installments referred io in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the ume far payment or modification of amortization of the sums secured
<br />h}' this Deed of Trust granted by tender to any successor m interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrawer and borrower's successors in interest. Lender shall not be required [n commence
<br />proceedings against such successor or refuse to esteod time far payment or otherwise modify amortization of the sums
<br />severed 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 atTorded by applicable law, shall not he 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 Tn+st are distinct and cumulative to any other right
<br />or remedy under this Decd of Trust or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; loin[ 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 hereof. All covenants and agreements of Borrower shall be joint and several..
<br />The captions and headings of the paragraphs of this Dced of Trust are far convenience only and arc not to be used to
<br />interpret or define the provisions hereof.
<br />14, Notice. Except for any notice required under applicable law to fie given in another manner. (a) any notice to
<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 />tb) 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 ro Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrawer ur Lender when given in the manner designated herein.
<br />(5. Uniform Deed of Trost; Governing Law; Scverability. This form of deed of trust combines uniform covenants for
<br />national use and ^ ..-uniform covenants with limited varu+tinns b} jursdictian !n constitute a uniform security instrument
<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 the Deed of "trust ar the Note conflicts with applicable law, such conflict shall
<br />nut affect other provisions n} this Ueed of Trust or the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Ueed of Trust and the Note are declared to he severable_
<br />l6. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Dced of Trust at the time-
<br />a[ execution or after recordation hereof.
<br />17, Transfer of the Property; Assumption. If ail or any part of the Property ar an interest therein is sold or-transferredc--,
<br />6y 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; (e) p transfer bydevise,
<br />descent or by operation of law upon the death of a joint tenant ar
<br />1_ender nmy, at L-ender s aptron, declare all theaums-secured by this Deed of Trust to bri.
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to-the sale or transfer, Lenden-
<br />and the person to whom the Property is to be sold ar transferred reach agreement in writ}ng than-the-credi[:of~such. person
<br />is satisfactory to Lender and the[ the interest payahlc on the sums secured by this Deed of Trust shall -be at such rate -as
<br />Lender shall request. if Lender bas 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 iu writing h}' Lender, Lendec„s, release-Horrower iram-
<br />all obligations under this Decd of Trust and the Note. _ ...
<br />If bender exercises such option to accelerate, Lender shall mad Burrower notice of aceelerauon In accerdance~y+ith7
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date ahc noricc is mailed u'ithin+
<br />which Borrower may pay the sums declared due. If Borrower filth ¢t pay such sums prior-fothe. expirationof such:perind:j
<br />Lender may, without further notiw or demand on Borrower, invoke any remedies permitted by paragraph IBhereof: - -
<br />Nort-UrtteoaM Covetvnxrs. Borrower and Lender tunher covenam and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowecsbeeach-. of any covenant or .
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when- due any sums- secured- by ;tAis Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Burrower as provided in paragraph9G. here6f ~specifgligt: (1) the --
<br />breach; (2)the action required to cure such breach; (3} a date, nut Icss than 30 days From Ibe-date the notice Is maned to
<br />Borrower, by which such breach must be cured; and (9l that failure to cure such breach on or 6efore.ihe-date specified,,-
<br />in the ooticr may resuh in acceleration of the sums secured by this Deed of Trust and sale of the Properly. The notice-
<br />shall further inform Borrower of the right to reinstate after acceleratimr and the right lo- bring a_ court action-lo ttasert.-
<br />the norwexistence of a default ur mty other defense of Borrower to acceleration and. sale, if the breach-- is not-.runed~. .
<br />on or before Ibe dale specified in the notice, Lender of Lender's optan may declare all of the sums secured--..by-Ih[s~--~Daed;
<br />of Trost-lo be immediately due and payable without furihrr demand and may invoke the power-of sale and.aey. olfier..ntnedks--
<br />permNled -by applicable law. Lender shall be emitted to collec! a)I reasonable costs and expenses incurred in purtiuisl~:lfie -
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />if Me power of sale fs invoked, Trustee shag record a notice of defauh in each county in which the Properly or aomr-
<br />part thereof is located and shall mail copies of such tmtice in the manner prescribed by applicable law to Borrower and to [fie
<br />other persons prescribed 6y applicable law. After the lapse of such time as may be required by applicable law, Trustee-shah
<br />glue public notice of sate to the persons and in the manner prescribed by applicable law. Trusleq without .demand on
<br />Borrower, shall sell [he Property at public auction to the highest bidder m the lime and place and under theferrns designated
<br />in the notice of sale in one or more parcels and in such order as Trustee ma}• determine. Trustee may postpoce sale-, of YI
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's-designee may pnrchase,theP-roperly of soy sale. -
<br />Uoort renipl of paymeal of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The'recital-ia the Trustee's deed shall fie prima- facle evidence of the truth of the statements mide tberele. Tnelee ~~
<br />shttY typly the proceeds of the-sale io thr foBowi order: {a) ro all reasonably costs and expertses of the axle, irrcfrdiag;^ biat
<br />not 1{asiled,lu, Trustee's Tres of oat more-than 1/ 1. Q f 1 `~o of the gross sale price, reasonable Wlorney'a fees anti eorprof, .
<br />trtloe'riiueet:(bl to aU sums scenred:by this Deed of TrtW; and Ic) the excess, if any, to the person or persom-btgdly ealNlad:
<br />tMrata.
<br />19. llorrowrr'a Right to Reinstate. Natwnhstanding Lender's accelerafimt ai the sums secured by this Decd of Trust.
<br />Borrower shall have the right to have any proceedings taegun by Linder ar enforce this Deed of Trust discontinued at
<br />any time prior to [he earlier to occur of fi} the fifth day before the sale of the Properly pursuant to the paver of sale contained
<br />in thislyeyd-ot Trust or fi0 entry of a judgment t:nfarciag this Dced of 1-rust rf: tai Barrower pays Lender all sums.which watdd
<br />be than dur tender this Dced of Trust, the Nate anti Hales securing [suture Advan;:es, iF any. had no aettileration x~ettrrzd;
<br />(L'x} Burtawet etares all brtlacht~ of any other eovenauts or agreements of Borrawer contained m tlus Iaeed of Trust;
<br />fcl Bortx3wer paps alt reasonable ecpensus incanted b} Lender end Trustee in cnforcmg the cavtnantx and agree+ttenis of
<br />Barrower eontaincd tat thrs Dced of Trust and in cnlisrcing L.endcrs .tnd 'Trustee's remrdtcs as pre>vidcd rn p;aragraph t8
<br />Nrrrot, itt~ytrding. but clot hndted to. rr;a~aonable :xttarnc=y's fees; :and td! Barn~wer tnkc°s such acunn as T.endcr utsg• reasanub!y
<br />rav{oac tt,+ a>rFUru that Oac Iten isf [lira Iksd of ~Tttrst, T._nnder's interest ur the Property and ffarruwet's obFig,uron us pa}
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