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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in 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 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 ag<ee in writing, there 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 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 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 wtiting, 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 indebtedness secured by this Deed of Trust.
<br />n. Remedies Cumulative, All remedies provided in this Deed of Trust 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 hereoL All covenants and agreements of Borrower shall be joint and severaL
<br />The captions and headings of the paragraphs of this Deed of Trust a re for convenience only and are not to be used to
<br />interpret or define the provisions hereoL
<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 />lhe 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 hy certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address 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 />IS, Unifonn Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction 10 constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed hy the law of the jurisdiction in which the 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 />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed 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 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 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 or less
<br />not containing an option to purchase. Lender may. at l.ender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior 10 the sale or transfer, Lender
<br />and the 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 sccured 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 agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trusl and the Note.
<br />H 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 not less 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 sums prior to the expiration of such period.
<br />Lender may, without further nOlice or demand on Borrower. invoke any remedies permitted hy paragraph 18 hereof.
<br />NON-UNtFORM COVENANTS, Borrower and Lender further covenant and agree as follows;
<br />18, Acceleration; Remedies, Except as provided in paragraph 17 hereof, upnn Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by Ihis Deed
<br />of Trust, Leuder prior to acceleration shall mail notice 10 Borrower as pro,'ided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, nol less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be l'ured; and (4) that failure to ,-'ure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured bJ this Deed of Trust and sale of 'he Property. The notice
<br />shall further inform Borrol\'er 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 Borro\\'er to acceleration and sale. If the breach is not cured
<br />on or before tbe date specified in tbe notice, I~ender at Lender's option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without further demand and may im:oke the power of sale and an)' other remedies
<br />permilled by applicable law. Lender shall be entitled 10 collect all reasonable rosts and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, Includin~, but not limited to, reasonable allome)'"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 />part tbereof is located and shall mail copies of such notke in Ihe manner prescribed by applicable law to Borrower and to lhe
<br />other persons prescribed by applicable law, After the lapse of such time as may be required by applicable law, Trnstee shall
<br />give public notKe or sale to the persons and in the manner prescribed by applicable law_ Trustee, without demand Oil
<br />Borrower, shall sell tbe Property at public: auction to the highest bidder at the time and place and under the tenus designated
<br />in. the notic,e of sale in. one or more parcels and in such order as Trustee may determine_ Trustee may postpone sale of uU
<br />or any parcel of tbe Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's designee may purchase Ihe Property at any sale,
<br />Upon receipt of payment of the price bid, Trustee shall deliver to lb. purchaser Trustee's del'll conveying the Property
<br />sold. The recitals. in !be Trustee's deed shall be priOla faci. evidenl" of the truth of the statements made lher.in, Trustcc
<br />shall apply !be proceeds of tbe sale io the following order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not Ikniled to, Trustee's fees ufnol DIOre than V. of 1% of lbe gross sale pri,,,, rea!iOnable attorney's f,'Cs and costs of title ..iden,,,;
<br />(bl to all sums ser"Ured by this Deed of Trust; and (c) the excess, if any , t.. the person or persons legall)' cntitled lber.t...
<br />J9... Borrower-s Right .to Reinstate. Notwithstanding Lcnder'& acc..:clcralion of the ':>ums secured by this Dl.:cd of TIlI\L
<br />Borrow~r shaft have the. ri,g:ht to . have any procecding~ begun by Lender 10 enforce this Deed of TftI~1 discontinued at
<br />any time .prior to (he earlier to (\Ccur of (i) the fifth day'before the s.aie of the Propeny pursuant tn the power of sale \';ontainetl
<br />in this- Deed ,of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lt;ndcr ~1I StHll-;. \!'-'hich would
<br />be then .due 'under this Dec-d of Trust, the Note and flote~ securing Future Advances. if any. had nu .1CI.,'cJen:Hion \.)C<.:wTtd:
<br />(h~ Bt1ti'(j,wer cures all brcach<< of any other covenants or agreements of Borrowcl contained in. {hJ~ Deed or Tru"f:
<br />(el 8Qrf'~wer. pays aH,le:asonable expenses incurred by Lender and Trustee in enforclng the ('o\'t'oants and agre-efl1enH. tlf
<br />fWrrowe-r contained in fhis Deed of Trus,t and in enforcing l.ender's and Tru'Sf~c\ remedies as. pnwidcd in paragraph I K
<br />hefc9f. indiJding~ but not. Hroiled to, reasonable .attPrney'~ fees: and (d) Borrower takes such action as LC[ldcr fTWY fCa'iPil:lhh
<br />tequ1t:C to l\$!wtc thaf .he Hen of this Octd of Trust, Lender'.; infercst In the Properly ~md B\)(T()wer\ .:..hHgatH.w I,., !',1:,
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