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<br />9. Condemnalba. The proceeds of any award or claim for damages, direct or consequential, m connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby azsigned
<br />and shall be paid to Lender.
<br />[n the event of a total taking of the Property, the proceeds shall he 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 agrce in writing, [here shall be 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 Borcower.
<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 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. at 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 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 the time 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 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 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 be a waiver of Lender's
<br />right to accelerate the maturity of the [ndebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Tntst 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; 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 join[ 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 nonce to Lender az provided. herein, and
<br />(b) 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 az 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 ar Lender when given in the manner designated herein.
<br />15. Uniform Deed o[ Trust; Governirrg Law; Severobility. 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 taw of the jurisdiction in which the Property is located-
<br />ln the event [hat any provision or clause of this Deed of Trust or the Note conflicts with applicable taw, 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 wnformed copy of the No[e and of this Deed of Trust at the time
<br />of execution or after mordation hereof.
<br />17. Tramfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred-
<br />by Borcower 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 by devise,
<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 orless
<br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of 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 [he Property is to be sold or transferred reach agreement in wnnng 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 />Lendershall 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 Borrower from.
<br />all obligations under this Deed of Tmst and the Note. -
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of aceeleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not tens 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 solos prior to the expiration of `such period,
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Nort-UntFOant CovetveNTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph t7 hereof, upon. Borrower's breach-of say covenant or
<br />agreement of Borrower in this Deed of Trust, includitg the covenants [o pay when due any sums secured-by this_Deed-
<br />of Trust, Lender prior to acceeration shall mail notice to Borrower as providedfn paragraph 14 hereof spectfyirrg: fl)'the
<br />breach, (2) the action required [o cure such breach; (3) a date, not less than 30 days from the date the notice fs rrmled~ to
<br />Borrower, by which such breach must 6e cured; and (4) that failure to cure such breach on or before the.. dale. specified
<br />in the notice may result in acceleration of the sums secured by this peed of Trust and sale of the Properly. The notce
<br />shall furlher inform Borrower of the right to reinstate after acceleration and the right to brirrg a court action to assert
<br />the non•exislence of a default or any other defense of Borrower to accelerofbn and sak. If the breach is not cured
<br />on or before the dale specified in the rmtice, Lender al Lender's option may declare aU of the sums secured by thts. Deed
<br />of Trust tv be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applkabk law. Lerrder shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />rernedks provided in this paragraph 18, ineludittR, 6ul not limited to, reasonable altorcey's fees.
<br />If the power of sale rl invoked, Trustee shall record a notice of default in each county iv whfch the Properly or some
<br />part thereo( is located and shall maJ copks of such notice in the manner prescribed by applcable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as may be requtred by applicable law, Trustee shall
<br />give publtc notice of sale to the persons and in the manner prescribed by applicable law. Trustee, wil6out demand on
<br />Borroweq shall sell the Property of public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sak in one or more parcels and in such order as Trustee may determine. Trustee may postpone sate of all
<br />or say parcel of the Property by public announcement at the time and place of any previously scheduled sak. Lender or
<br />Lender's designee may purchase the Property at any sak.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Properly
<br />sold. The recitals in the Trustee's deed shall be prima tack evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sak in the followinng~ order. (a) to all reasonable costs and expenses of the sale, including, but
<br />not limited to, Trustee's fees of not more than _ _ _l. 0 ,_ _ _ % of the gross sale price, reasonable allorcey's fees and costs of
<br />title evidence; (b) to aU sums secured by this Deed of Tn~eq and (c) the excess, if any, io the person or persons IegaBy entitled
<br />thertla
<br />19. Borrower's Rfghl to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall 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 before the sale of the Property pursuant to the power of sale contained
<br />in this Deed nt Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances, if any. had no acceleration occun~ed:
<br />{b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this tk~ed of Trust;
<br />(,c) Borrower pays all reasonable expanses incurred by Lender and Trustee in enforcing the covenants and agreements nl
<br />Borrower contained in this Deed of 'Trust and in anfercing Lendei s and "T'rustee's remedies as provided in paragraph 18
<br />hereof, including, but not limited to, reasonable attorney's fees', and (d) Borrower taken such action as lender may reasonably
<br />regi[ire io assure that the btu of this Deed of Trust, [-cnder's tnterest m the Property and Borrower's obligation to pay
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