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<br />9. Condemnation. The proceeds n( any award or claim ter damages, direct or consequentiah in connection with any
<br />condemnation or other taking of the Property, or part thereof, ar for conveyance in lieu of condemnation, are hereby assigned
<br />and Mall be paid to Gender. ,
<br />In the event of a rotsl taking of the Property, the proceeds shall Fre applied to the sums secured by this Deed of Trust. O
<br />with the excess, if any, paid to Borrower. In the event of a panial taking of the Property, unless Borrower and Lender
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<br />otherwise agree in writing, there shall be applied to the sums secured by this [tied of Tmst such proportion of the proceeds O
<br />as is equal to that proportion which the amount n( the sums secured by this Deed of Trust immediately prior to the date of
<br />with the balance of the proceeds
<br />bears to the fair market value of the Property immediately prior to the date of taking
<br />takin tr.-
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<br />g
<br />paid to Borrower. ~
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<br />[f the Property is abartdotred by Harrower, ar if, after notice by Lender to Borrower chat the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails ro respond to Lender within 30 days after the date such notice is l~
<br />mailed, Lender is authorized to collect and apply the prrceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by this I',eed of Tout.
<br />Unless Lender and Harrower otherwise agree in writing, any such application of proceeds to principal shall not tztend
<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. BOrrytwer Not Rekmed. ~ttension of the time for payment or modification of amortization of the rums secured
<br />by this Deed of Trust granted by Lender to any succexsar m interest of Harrower 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 nr refttsc to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deer) of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />1 f. Forbearame by Lender Not a Waiver. Any forbearance by Lender m exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not tK a waiver of ar preclude the exercise of any such right or remedy.
<br />The procurement of insurance ar the payment of texts ar other liens or charges by Lender shall not be a waiver of Lender's
<br />right to acctkrate the mnturrty of the mdehtedneas secured by this Dxd of Trust.
<br />12. Remedies CamWllve. .AFI remedies pmvrded m thin Deed of Tnst arc disund and cumulative to any other right
<br />or remedy under this Heed of 7-nut or afforded by !aw or egwty, and may he exercised concurrently, independently or
<br />successivery.
<br />L7. SarYemrx acrd Assfgna goarrd: Jdnt and Several LLbigty: Captimts. The cavenants and agreements heroin
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provrsions of paragraph ! 7 hereof AH covenants and agreements of Borrower shall be joint and savant.
<br />The captions and headings of the paragraphs of th~x Decd ot` Trust are for convenience only and are not to be used to
<br />+nterprct nr deflne the provisions herwf.
<br />11. Nelka Exccp! for any notice required under applicable faro to he given in another manner, fa) any notice to
<br />Borrower provrded for in this Deed of Trust shah tx gran by mailing such notice by eettified mail addressed to Borrower at
<br />the Property Addren ar at such ether address as Borrower may desrgnate by notice m Lender as provided herein, and
<br />fb} any notitt m Lender shall be given ray cernfied mail. return receipt rcyuested. to Lender's addt•ess stated herein or to
<br />such other address as lsnder Wray designate by n rove to Borrower as provided herein. Any notitx provided for in this
<br />teed of Trust shall bt deemed to have teen given m Borrower or L.cnder when given in the manner designated herein.
<br />IS. Uadmnt IRed d Trent: Gnveroirg Law; Sevenbggy. `ITns form of deed of trust combines uniform covenants for
<br />nauonai use and non-uniform cavenants wuh 6tnned vanations by lunsdtcuon to constitute a uniform security instrument
<br />covering real property. This Dted at -trust shall be governed by the law of the )urisdrntion m which the Property is located.
<br />In the event that ary provision ar douse of this lleed i,i Trust er the Nett conflicts wnh applicable law, such conflict shall
<br />not affe+a other provisams of thrs Chtd of Trust nr the Nott which can ix given effect without the canflieting provision,
<br />and to this end the provisions o[ the U~e+i o! Tnist and the Note arc Declared to be severable.
<br />t4. borrower's Copy. Borrower ahaH be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after rtxarsiation hereof.
<br />17. Tractor d the Ptropertyt Amantplian. If all ur any part of the Property or an imerpt therein is sold or transferred
<br />r,y Borrower without Leiultr's pnar wrttftn consent. escludiog t a) the creaumi of a lien ar encumbrance subordinate to
<br />this [hod of Trust, (h) the crcatton of a purchase money security interest for hatrx.hold appliances, (ci a trartxfer by devise,
<br />descent ar by operation of tow upon the dwth of a )a>inr tenant ar t d } the grant at any leasehold interest of three years or less
<br />mat containing an oplian to purchase, 1 ender may, at t cnder's opuan, declare all the sums xes:urcd by this Dttd of Trust to be
<br />immediately due amt payable. Lender shall have wa+vtd such option to arceiente i(, prior to the salt or tramfer, Lender
<br />and the person to whom the Property is to 6e xdd or u-atuftrrrd reach agreement in writing that the credit of such person
<br />,s satisfactory to Lender and that the interest payable ,xn thr win; secured by this Detd of Trust shall be at such tiro as
<br />Ltrtder shall request. If Lender has waived the optran to accelerate provided m this paragraph I1, and if Borrower's succesxrs
<br />,n intettat has cxttutexl a written asxitmlxion agrcensent a ~epted in venting by L.ettder, Lender shall rc{tase Borrower from
<br />alt obligatiotrs ui#r thu Died of Trust seal the Nott.
<br />if Lertder txercisex such option ttr acctieratt, I ender shelf mad Harrower nuuce of acceleration in accordattee with
<br />paragraph la barest. Such nuuce shall protidc a pencx3 of not less than ?U days Irrnn the dart the native is mailed within
<br />which Borrower may pay the soma declared dot. If Barraxwer (ads to pay wch sums prior in tht expiration of such period,
<br />Lcttdtr nary, without further nalrCt ar demand ore ikrrrxrwer. +ncoke any remedies permitted by paragraph 18 hereof.
<br />Non-Uwttcaant Covtnsnts Borrower and fender further covenant and agree us followx:
<br />Ig. Accekratiw; Remedies. F:xcepl r provided in paragriy- 17 hereof, uptm 6nrrnwer'c breas•A d any covertrM w
<br />itrretrreal d bornswtr in this Deed of Trwt, irclndiuR the rmetsasrU to pry when due any xaatx secnred by this Detd
<br />d Twat, I.twder prior to acceleration shall and rmlkr to borrower as provided in para~rap6 14 hexed specSyiaR: (1) Iht
<br />MeacA; (21 the rctiw rryuired to cure suck breach; IJ) a daft, ad lose Ihw 3fl days from Ibe dWe the nolke b mailed to
<br />borrower, by wbkh wch breach must be cured; and 14) that tagare to cure such breacA or or before ibe dale speeiRed
<br />in Ille ridkt inry resell in accekrNion of the sums secured by 1hM Deed of Trust and sale of the Prrrperly. The mNke
<br />shill further iaftum 6nrrewrr of the riYAt to rciaslWe after acceleration and the riRbl to bring a court aalion to asyerl
<br />the ntrw-rxislence of a rlefwll or any fiber defrnar of Borrower to acctkratiw and sale. It the breach is not cured
<br />on or before the date specified in the nolke. finder at Leaders option may declare aq of the sums secured by Ihia Deed
<br />of Trust to be dmwtedWdy dot and payable without funhrr demand soil easy invoke Iht power of sak roil wy other remedies
<br />peraeNted by applicable 4w. I..tader chap be entitled to cnltect aq reasonable coves and expenses incurred in pursuing the
<br />remedies provided in this para~rapM IB, iacludiaq, bW ncN Bmiled to, rraconabk attorney's fees.
<br />If Ibe power of sale is iavodted, Trrnlce shop record a notke of default in each county is whkh the Property or some
<br />past Ibertofs toasted sad tdtaq mail copies of sm-h rtotkr in the mwner prescribed by rpplkabk law to borrower sad Io the
<br />oNber persons preuribed by applkabk uR. After the tepee of wch time as [tray be «ytdred by ppplkaMc law, Trustee shall
<br />give paWit wrier d sale to lbe pttsnos nail in the manner prestribtd br applkalslt law. Trustee, without demand on
<br />borwwtr, s-aq seq the Property al public auction to the highest bidder at Iht lime and place and under the arras desiRnrled
<br />in the ndice of sale in tin or mart parre6 and in sorb wrier as 7`rtrstee may determine. Trustee ma!' paclprre sale of all
<br />tx mry parcel d lbe Property by pablk wnouncemtrl W the time and place of any previouvly uheddrd role. Lrnrkr or
<br />l.trrder's dewgnee may prrebme lilt Praparty W any oak.
<br />tiprn recelpl d payraeat d the peke bid, Trustee shall rklirrr to the purchaser 7'wster's deed conveyilrg the Property
<br />said, i'be rtcitats in the Trustee's tlcad shag be prirrw facie evidancc rd the truth of the staletsunts tirade thertia. Trnsitt
<br />sbrq apply the protcreds d Utt axle in [ht 6rgowfrg order: iai to all rav_wurabk cusis and expenses of the sale, including, tint
<br />ao/ Uatiled ~. Tr1Wet's lets of mN murr than '~a of 1'A of Uri grnsv sale prier, reasonable WkN'rry's lets seed curls d title evfdrrne;
<br />(N) to aq snaps srcrrred by this flied otf Trrui; and tct the rxerss, if any, to the person nr perstrm Ieaally rntitlad therrW.
<br />If, barrewet's RirYl w Reimfak. Natw-dhstandmg htadtr't ac<eleriuon ut fhc srmn .ccureJ by flirt i7ud of Tnrv.
<br />borrower shat! have the right to have any pnx;tealings begun by t_tndcr k~ enforce this DeeJ of lout JiscanwtutJ at
<br />say time prior to @re earlier to aw->-vr of fi) the fifth day hefnre the sale of the Prupegy pursuant n+ fire power of sale iontamed
<br />m this f?ecd tit Trus! cN fill entry of a jud mint tntorcrng this Deed of Trust rf, !ai B+'+n~e>uer pays Lender ail some which wc.nfJ
<br />bt then due uhdrr [hit Clecd of 'IYu&. t~ Nutt and rM>tts stcnnng Fuout Adennccs. it any, had n. ae>^tltraann +aa~urrrJ-
<br />[hi Bnrrc rate c'urts all hreuchts of any tither covenants or agrtcmems of Harniutt a-emiauird +rr :her fkcd „f inni.
<br />tai brarrawxer jNiys a1I reascrnaftk axpenscs trraurrrd hY 1 endti and Ttustcv en tnforcrng [tic eav~nants and agreement+ +,
<br />Borrotvp am'faetmd is thee Dted of Trust and in to€nrcing lender's sail "}rustra:~s iv mtdies as prr,vafrJ .n pa~agt aph Iri
<br />atrccaf, irWltafirtX, but mot litnlietl ta, reasonable xtUeroeds #t~s, area: tJt Hrrrrtswcr ta~kw curb uctntt, as 1 ender mat mucna;rbh
<br />rrq:,.t'r t+. tray sere rhtt: itw lien .*t rhia; ^ked ex[ "l rue[. t rndrt'e into re.t +n the Prespern zrsd Harr.~w.r', .*htiuat;.~r, t. - t
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