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<br />9. Condemnation. The proceeJs of any guard ur clxrm Ier damages. direct or conseyuential, in connection with any
<br />condemnation or other taking of the Property, or pan ibereof. or for asm•eyance 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, 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 M' 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 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 to Borrower that the condemnor offers to 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, ut 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 dart of the monthly installments referred to in paragraphs I and 2 hereof or change [he amount of
<br />such itstallments.
<br />lo. Borrower Not Released. Extension el the time for payment er modification of amortization of the sums secured
<br />by this Deed of Trust granted by fender a, any successor in interest nl Borrower shall not operate to release. in any manner,
<br />the liability of the original Borrower ;rod Borrowers suceessors in ineerest. 1_ender shall not be reyuired 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 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 he a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payrnent of taxes or other liens or charges by Lender shall not fie a waiver of L.ender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in [his Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by low or equity, 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 .hall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph I' 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 com'enience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice requued under applicable law to ht given in another manner. (:0 any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such nrnice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice w Lender as provided herein, and
<br />(b) any notice to Lender shall he 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 m 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 Tntst; Governing Law; Sererabilily. Thu form of deed of trust combines undorm covenants for
<br />national use and non-uniform covenants with limited caria[ions by lurisdiction [o constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall hr gecerned by the law of the lurisdiction in which [he Property is located.
<br />In the event that any provision or clause of this Deed o! Trust or the Note con0ias with applicable law. such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which tan he given Ml~ect without the conflicting provision.
<br />and to this end the provisions of the Dced of Trust and the Note arc declared to he severable.
<br />16. Borrower's Copy. Borrower shat! he tarnished a ronfotnted copy of the Note and of this Deed of Trust ut the time
<br />of execution or after recordation hereof.
<br />l7. Transfer of the Properly; Assumption. If all or any par[ eF the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding fa) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest fur household appliances. I c) a transfer by devise,
<br />descent or by operation of law upon the death of a joim tenam or
<br />Lender may, at Lenders option, declare all the sums secured by this Dced of Trust m 6c
<br />immediately due and payable. Lender shall have u-awed such option u, accelerate it, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to he 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 secured by this Dced of Trust shall he at such rate as
<br />(..ender shall reyuest. ]f Lender has waived the option to ^ccelerate provided in this paragraph I7, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in venting by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note. ~ - - ~ ~:
<br />If Lender exercises such option to etcetera te, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph t4 hereof. Such notice shall provide a pertcnl of net less than 10 days from Jhe.date the houee is mailed within
<br />which Borrower may pay' the sums declared due. if Borrower foils :.; pap such sums peer to the expiration of such period,
<br />Lender may, without further notice or demand on &xrosver, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN-UNiFOast Covr=Nnztrs. Borrower and Lender further covenant and agree as lolfows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due mry sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: fl) thr
<br />breach; (2) the action required to cure such breach; (~) a date, not ICSS than 3U days from the dale the notice is mated to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result 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 acceleration and the right to bring a court action to assert
<br />the rum-existence of a default or any other defense of Borrower to acceleration and sale. If the breach fs not cured
<br />on or before the dale specified in the notice, Lender at Lender s option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without Farther demand and may invoke the power of sale and any other remedies
<br />permitled by applicable taw. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in Ibis paragraph 1g, including, but nut limited to, reasonable attorney's Fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />pprl thereof is located trod shall mail copies of such notice 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 by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable taw. Tnrslee, without demand on
<br />Borrower, shall seB the Property at public auction fo the highest bidder at the time and place and under the terms designated
<br />io the notice of sak in one or more parcels and in such order as Trostee may determine. "Trustee may postpone sale of all
<br />or gay parcel of the Property by public announcement at the time and place of any previous)}• scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payrnent of the price bid, Trustee shall deliver to the purchaser Trustee's decd conveying the Property
<br />sgld. The recitals in the Tnustee's deed shall fie prima facie evidemce of the truth of the statements made therein. Trustee
<br />s6~4 apply the proceeds of the sale in the folbwipy order, (a) to all reasonable costs and expenses of the sale, including, but
<br />not lintited.to, Trustee's fees of not more than 1/ G of 1 "/o of the gross sale price, reasonable attorney's fees and costs of
<br />ti(k evideace; (b) to all sums secured by This Deed of Trust; and (c) the excess, if any, to the person or persons legally enhlled
<br />t4rela
<br />19, Borrower's Right la Reinstate. Notwithstanding Lvneter's acceleration at the sums secured by this Dced of TnrsL
<br />Borrower shall have [he right to have any proceedings begun by Lender to enforce [his Dced of 'Trost discontinued at
<br />amy time prior to the earbnr to occur of (i) the fifth day before the sale of the Property purauant [n the power of sale contained
<br />ih thisAccd of Tract or iii) entry of a judgment enforcing this Daed of Trust if: Fa) Borrower paya Lender :dl sums which would
<br />be then due undor this Decd of l'nrsi, the Nora and notes zceunng Future Advances, if any. had no acceleration occurred:
<br />(b) Harrower cures aI1 breathes of any other covenant, or egrcerncnts of Bcn~rouer contained in this Deed of Trust.
<br />(e) Borrower Ituyx all resti-sortable exptitues mcurrcd 6y Lender and Tnistu~ in entorcmg ihv ~ovnnants and ugreenrents <,f
<br />Borrower contained in ifus peed of T"nut and in enforcing Lender'a and Trustee's remedies ua pnrvided m patxgraph tr
<br />hereof, including- but not limited ter. reasonable attorney's fees, and isU Borrower takes .~.uh ucucm u. I"coder mac rea.orably
<br />rv~uire to assure [hat the hen of this peed of "I"nest, t.endet's trnerest m itre F'mlx•.ny :nrd Barrru er', obhgatien h? pa+
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