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$4 -- 001956
<br />9. Coedelmeaflen. The procceds of am award or claim for damages, direct or conttegtxntral, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigtted
<br />artd shall be paid to Leader.
<br />In the event of a total taking o[ the Property, the proceeds shall be applied to the sums secured by this Detd of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower affil Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the prooxda
<br />as is egad 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 [he proceeds
<br />paid- to Borcower.
<br />if the Property is abandoned by Borcower, or if, aker notice by Lender to Borcower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to fender within 30 days after the dale 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 axed of Trust.
<br />Untesa Lender and Borcower 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 rrtstallmenta.
<br />le. Borrower Not Released. Extension of the time fur payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor is interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Ixttder shall not be required to rnmtnenee
<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 />I1. Rorbearamee by Lender Nor 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 indebtedness secured by this Deed of Trust.
<br />12, Retwodks Carolative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Tnut or afforded by law or equity, and may be exercised concurcently, independently or
<br />successively.
<br />1~. Srcceasen and Atdgn !brad; Jobt 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 the provisions hereof.
<br />10. Notlce. 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 certifitd 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, to Lender's address stated herein or to
<br />such other addreu 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 bred of Trmh Goveroieg Law: SeverabiWy. This form of deed of trust combines uniform covenants fur
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Dced of Trust shall be governed by the law of the jurisdiction in which [he 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 />lf. Bormwer's Capy. Borcower shall be furnished a conformed copy of the Note affil of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17, Transfer of IYe Property; Ara~plbm. If all or any part 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 crcaUOn of a purchase money secunry interest for household appliances, (c) a Transfer by devise,
<br />descent or by operation of law upon the death of a joint tenam or (d) the grant of any leasehold interest of three years or less
<br />not Nmaining an oppor. to purchase, Lender may, at tender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lertder 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 agrcertrent in wnnng that the credit of such person
<br />is satisfactory to Lender amt that the interest payable on the sums secured by this Deed of Trust shall he 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 agrcement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations trader this Dced of Trust and the Nole.
<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 no[ less than 3u 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 pericxl,
<br />Lender may, without futther notice or demand on Borrower, invoke any remedies permitted by paragraph I g hereof.
<br />Non-UN1FOaM Covew~Nrs. Borrower anJ Lender further covenam and agree as follows:
<br />1g. Acceleration; Rewledies. Eacepl ac provided in paragrapp 17 hereof, upon Borrower's breach of any coveoaml or
<br />agreenteml of brrower in file Ixed of Trust, iaelnditrg the covenants to pay when doe any same secured by this Deed
<br />of Trrut, !.ender prior to accrkrNton shall mail notice to tllorrower as provided in paragraph 14 hereof speciiyirtg: (t) the
<br />breach; (2- the action regnired to cure such Meath; 13) a date, not less thaw 36 days tram the dale the notice le mailed to
<br />Borrower, by which such breach muss be cured; sad 10- that fnilare to cure such breach om or before the date specified
<br />in the nolicr may result in acceeration of the sums secured by this Ixed of Trust sail sale of the Property. The notike
<br />shag father inform Borrower of the right to reinstate after acceleration sail the right to bring a court action In eater(
<br />tit rww-exisleace of a default or any other defense of Borrower to accrleralmn and sale. If the Meech is not cured
<br />on or before the dale specified is lie notice, Lender al Lenders option may declare all of tM sums secured by thin Derd
<br />of Trust to be imrmedialely due and payable wilhoul further demand and cony invoke the power of sale and any other remedies
<br />permil[rd by applicable law. Lauder shill M eotilled to collet! all reawnaWe costs and expenses incurced in pursuing the
<br />retmedies provided in This paragraph Ig, including, Iwt raw limited to, reasonable aruraey's fees.
<br />li lie power of sale k invahed, Trustee shall record a notice of default io each county in which the Property or some
<br />part liereot k located and shill matt copks of such erotica in tM manner prescribed by applleabk law to Borrower and to the
<br />otter persons prescribed by applicable law. After the lapse of such lime as nray fie required by applicable law, Trustee shill
<br />give public wtke of sale to tie persons and in tM manner prescribed by applicable law. Trustee, without demand un
<br />Borrower, siaB sett tie Property at public auction to the highest bidder at the time and place and under the terms designated
<br />to tie notice of sale in one or more parcels sad in such order as Trustee may determine. Trustee may postpone sale of all
<br />or aqy parcel of tit Property by public announcement at tM time and place of any previously xheduled sde. !.ender or
<br />Leader's designee ntay pmrchtme lie Property at any sde.
<br />Uptm receipt of paymetrt of IM price bid, Truster shall deliver to the ptrrchaser "1'rusta~e's decd conveying the Property
<br />sold. Tie recitals to lie Trustee's deed shag M prima facie evidruce of the truth of the statements made therein. "frtrtar•
<br />shag apply the proceeds of the sale im the following order: (a) to all reasonable costs and expenses of tM solo, including, but
<br />not Bm l0, Trustee's fats of not more than n of 146 of Ihr grtrss sale price, reasonable attorney's fors and costs of lick eridrnce;
<br />(b) W aB sYms secured by this Deed of Trust; and (c) the. excess, if any, to the person or persons legdly enlitkvl flrercto.
<br />t9. Borcower'a Rigit Ip Reiastatr. Notwuhstanding Iwnder's accelcrnuon of the ,urns senncd by this Decd of 7 ruts.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed n( T'ntst Jiscontmucd at
<br />any time prior to the earlier to rx:cur of (i) the fihh day before the sale of the Property pursuant to the power of sale contaimd
<br />in this [xrd oiTrust ur (ii) entry of a judgment enforcing this Dred of Trust if: ial Borrower pays 1 ender all sums which uuuW
<br />be then due under this Drell of Trust, the Note and nOlcs sccur<ng Future Advances, if any, haJ no acceleration occurred:
<br />(b) Bortuwer cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trus: .
<br />(c) Borcawer pays all reasuaable expenses incurred by tender end Tn~stec in enfurn rag dre eo, enanh and agrc~•.mcnt, of
<br />Borrower contulncd in this Ixed of Trust and in enforcing Lender's and Trustee's remedres as pro,-iJed m paragraph I x
<br />hereof, including, but not limited to, reasonable attorney'. feet; and (d) Borrewcr takes .uch argon es 1 coder rosy rc,isonxhl~
<br />require to assort that the lien of this Deed of Tract, Lender's interest in du Pr.,peny and Borrow en's nbligatun~, i,~ pay
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