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<br />S~ "'a"t i Ci 7 017
<br />9. Cmtdemnalion. lbe pn,ceed. of any sward or claim tar damages. direct or consequenoal, m 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 he paid to Lender.
<br />In the event of a total taking of the Properly, the proceeds shall he applied to the sums secured by this Deed of Trust,
<br />with the excess. rf any, paid to Aorrower. 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 Decd of Trust such proportion of the proceeds
<br />:rs 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 ny Borrower, or if. after notice by [.ender to Borrower that the condemnor offers to make
<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, tit tender'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 Not Released. Extension of [he time for payment or modification of amortization of the sums secured
<br />by this Deed of Tntu granted by Lender in any successor in interest of Borrower shall not operate to release-, in any manner,
<br />the liability o[ the original Borrower and Borrower's successors in interest. Lender shall not he 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 am~ demand made by the original Rnrrower and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded 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 ar 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 Ueed of Trust are distinct and cumulative to any other righT
<br />or remedy under this Deed of Trust or afforded by law nr equiry, and may he exercised concurrently, independently'or
<br />successively.
<br />13. Successors and Assigns Bound; Joint 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 Deed of Trust are for convenience only and are not to be used to
<br />interpret or define [he provisions hereof.
<br />14. Notice. Except for any noucc reymred under applicable law to 6e 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 [o 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 he given by certified math return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Rnrrower as provided herein. Any notice provided for in [his
<br />Deed of Trust shall he deemed to have been given to Borrower or i ~ndcr when given in the manner designated herein.
<br />I5. Uniform Deed of 'Trost; Governing Law; Severrbility. phis form of deed of trust com6inzs uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction rn constitute a uniform security instrument
<br />covering real propzny. `this Deed of Trust shall he governed by the law of the junsdiction in which the Properly is located.
<br />In the event that any provision or clause o[ this Ueed of Truu or the Nnte conflicts with apphcable law, such conflict shall
<br />not affect other provisions of this Deed of Truu ur the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Dced of Trust and ihz Note are declared to he severable.
<br />16. Borrower's Copy. Borrower shalt be furnished a conformed ropy of the Notc and of this DeeJ of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Pmpeny or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. esduding tat the creation of a lien nr encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, teJ a transfer by devise,
<br />descent or by operation of law upon the death of a inini tznam or
<br />Lender mu}, ^[ Lenders option, declare ail the sums secured h}' this Deed of Trust to be
<br />immediately due and payable. Lender shall hale wanzd such option to accelerate i[, prior to the sale or transfer, Lender
<br />and [he 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 scoured be t#tis Deed of Trust shall he at such rate as
<br />Lender shall request. If Lender has waived the option io accelerate provided in this paragraph 17, and iC Borrower's successor
<br />in interest has executed a written assumption agreement accepted in w'nung by Lender, Leader, shall release Borrower (rym
<br />all obligations under this Decd of l'rust and the Note. - - -
<br />If Lender exercises such option to accelerate, Lender shall mad Borrower noucc of acceleration in accordance-;with
<br />paragraph IQ hereof. Such notice shall provide .: R'rind nY adi Ices than ;t; day; f;om thz date the notice, is matted-:rithja
<br />which Borrower may pay the sum, declared doz. If Borrower fails to pa} such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invokz tin} remedies pennittzd by paragraph I8 hereof.
<br />Nod-UNIFORM CovednNTS. Borrower and Lender further covenant and agree as follows:
<br />lg. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Decd of Trust, including the cu. enanfs to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleraliar shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, not Icws than 30 days from the dale the notice is mailed to
<br />borrower, by which such breach must be cured; and 141 that failure to cure such breach on or before the date specified
<br />fn- the nolfce may result in acceleration of the sums secured by this Deed of "Trust and sale of the Property'. The notice
<br />shag Further inform 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 />on or 6efoce the date specified in the notice, Lender at Lender's option may declare alt of the sums secured by this Deed
<br />~ Trust to 6c immediately due and payable without further demand mtd may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to nrilect all reasonable costs and expenses incurred in pursuing the
<br />remedfes provided in this paragraph Ig, including, but not limited as reasonable attorney's fees.
<br />!f the power of sale is invoked, 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 applicable law fo Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as may be reymred by applicable law, Trustee shall
<br />give pub4c notice of sale m the persons and in the manner prescribed by applicable law'. Trustee, without demand on
<br />Eorrower, shall seB the Prolrerty at public auction to the highest bidder at [hc time and plate 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. bender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's decd conveying the Property
<br />sold. The recitals in the Trustee's deed shag be prima Facie evidence of the irut6 of the statements made therein. Trustee
<br />stall apply the proceeds of the sale in the followipQ, order: {{a) to all reasonable costs and expenses of the sale, including, but
<br />rot limited b, Tws(ee's fces,of not more than ~./ L Of 1 0 of Ihr gross sale price, reasonable attorney's fees and costs of
<br />title eridepce; ro) to aU sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />thctrctfo.
<br />t9. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Dead of Trust,
<br />Borrower shad have the right to have any proceedings begrm by Lender to enforce this Deed tit Truer discontinued at
<br />aqy time prior to the earlier to cwcur of (i) the filch day before thz sale of the Property pursuant to the power of sale cnmumed
<br />in thta Ueed of Treat oriii) entry of a judgment enforcing this Decd of Trust if: iu# Borrox-er pays Linder all sums which wntdd
<br />he [hen due under this Decd of Truu, Ibc NoW and notes securing Future Advances, if any, had no acceleration xcurred:
<br />(h) Borrower cures all brioches of arty othec covenantx or sgrcemznts of Borrower contained m thts Deed of Trust
<br />tc) Buttower pays al! reasonable expensea itx erred by t_ander at+d `trustee in antnrang the cova?ams and agrcernents of
<br />Harrower contained io this Fexd c>f Thu! sod in enforcing t enilerv and Tnntc-e`s remedtes as presided in paragraph IN
<br />hereof, ireauding. #,ut no( I;mazd to, reasonablz attornay's fees, and kit Harrower takes s~u•h ace=„n <u 1_eneicr msy rensanahly
<br />rer}rdre to assare that tht hen :+f ttiia Dead of lYusi, Lendei, :nerest ;n the Property and H,sr.-ou cf.<, rbhgatio~s !r pis
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