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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connexion with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc 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. [n the event of a partial taking or 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 procceds
<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 [o Borrower that the condemnor offers [o make
<br />an award or settle a claim for damages, Borrower tails 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 />Properly or to the sums sec~:ed 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 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the rime 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 amorttza[ion 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 he 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 cumulative to- any other right
<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; 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 provisiotu of paragraph 17 hereof. AlI 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. Notice. Except for any notice required under applicable law to be given 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, [o 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 />15. Uniform Deed of Trust; Governing Law; Severabiltly. 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 />16. 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 pan 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 6y dayise;
<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 Deedof Trust-to 6e
<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 agceemem 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 Borrowei;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 dernand nn Borrowu, invoke any remedies permitted by paragraph 78 hereaL
<br />NoN-UNteaaM Covet+etvrs. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach W any coverraot or
<br />agreement of Borrower in [his Deed of Trust, including the covenants to pay when due any sums secured by this ,Ueed--..
<br />of Trust, Lender prior to accekratan shall mad notice to Borrower as provided in paragraph 14 hereof.specffyflte:-(1)~the
<br />breach; (2) the ac/ion required to cure such breach; (3) a dale, not less than.30 days from the date the notice ~~ maikd:lo
<br />Borrower, by which such breach muss be cured; and (4) that failure to cure such breach on or before fhe 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.trotice
<br />shall further inform Borrower of the right to reinstate after acceleratan and the right to brirtg a court'aclion to assert
<br />the non-extslence of a default or any other defense of Borrower to acceleration and sale. If the breach is not rured-
<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 />o[ Trust [o be immediately due and payable without further demand and may involve the power of sale and any Wher remedies
<br />permitted by applicable law. Lender shall he entitled to collect all reasonable costs and expenses incurred in pursuirrg the
<br />remedks provided in this paragraph 18, including, but nW limited lo. reasonable attoroey's fees,
<br />If the power of sale le invoked, Trustee shall record a notice of default in each county in whtch the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed 6y applicable law. AFrer the lapse of such lime as may he requued 6y applicable law, Trustee shag
<br />give public notice W sale to fhe persons and in the manner prescribed by applicable taw. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction In 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 announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's desi{nee may purchase the Properly at any rate.
<br />Upon receipt of paymtat of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying fhe Property
<br />soW. The redrak w the Trustce's deed shall he prima facie evidence of the truth of the stalemenls made (herein. Trustee
<br />shat) apply the proceeds of the sale in the folbwiv~ order. (a) fo all reasonable costs end expenses of the sale, including, but
<br />not Bmited to, Trustee's fees of not more than _ _ ?- ~ ~_ __ ._. _ % of the gross sale price, reasonable attorney's fees and costs of
<br />title erideace; (b) to all sums secured by this Deed of Tnvst; and (c) the excess, if any, to Ihr person or persons legally entitled
<br />tAereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Decd o€ Trust,
<br />Borrower shaft have the right 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 b€fore the sale of the Property pursuant to the power of sale contained
<br />;n this Acrd of Trust or (ii) entry o[ a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trusi, the No[e and pores securing Future Advances, if any, had no a€ccierat+on a:curred;
<br />(hi Borrower cures all breaches of any other €ovenants or agreements of Borrower ctmiained ut thrti Dced of Trust:
<br />f€) Borrower gays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreemens ct
<br />Borrower €ontained in thrs Deed of Trust anti in enforcing Lender's scot T~rustec's rem€dies as provided to paragraph tR
<br />heres>f, including, but ne+t limned tn, reasonable auutncy'x fees, and (d) Borrower takes such a€uon as Lender rose reasonably
<br />require to assure tha4 the hen of thrs Deed of "inNt. Lender's interest u+ the Peoperty ant? Borwwer'a obligation to VaY
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