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<br />9. CoademnJldon. The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation or other taking 61 the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and sball 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 tbe event of a partial taking of Ihe Property, unless Borrower and Lender
<br />otherwise agree in writing, there sball he applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion wbicb the amount of the sums secured by tbis Deed of Trust immediately prior to the date of
<br />laking bears to tbe fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid 10 Borrower.
<br />If the Property is abandoned by Borrower, or it after notice by Lender 10 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 i. 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 />UnJess Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shaH 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. Bonvwe-r Not Released. Ex-tension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted: by Lender (0 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 />tl. Fo.rbettnm<< by Lender Not 8 Waiver, Any forbearance by Lender jo exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shaH not he a waiver of or preclude the exercise of any such right or remedy,
<br />The procurement of insurance or the payment of lUes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtednes..~ secured by this Deed of Trust. ,
<br />1.2. Remedtn CumuJati...e. All remedies provided in this Deed of Trust are distinct and cumulative to any other nght
<br />or remedy under this Deed of Trus.t or afforded by law or equity. and may be exercised concurrently. independently or
<br />successively.
<br />13. Succason and ASIiIDs 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 10 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 />14. Notice, Except for any notice reqUired under applicable I,IW 10 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 notice to Lender as provided herein, and
<br />(h) any notice to Lender shall be given by cenifi-ed mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower al; provided herein. Any fiotke provided fOf in this
<br />Deed of Trust shall be deemed 1(:> have been given 10 Borrower or Lender when given in the manner designated herein.
<br />15. Uoifonn Dffd of Trust; Govemina: taw; Sc\'erability, This form of deed of trust combines uniform covenants for
<br />national use and non-unifonn covenanl!i with limlted variations hv jurisdiction fo constitute a uniform security instrumenf
<br />covering reaJ property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property 1S located.
<br />In the e'Vent that any proVISion or clause of this Deed of Trust or the Note conflicts wilh applicable law, such conflict shall
<br />not affect other provisions of Ihis Deed of Trust or the Note which l~an he g~ven effect without the conflicting provision,
<br />and to this end the provisions ot the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shaft he furnt5hcd ;\ conformed copy ('11 the Note and of this Deed of Trust af the time
<br />of execution or after recordation hereof,
<br />17. Traasfer of the Ptoperty; AaIImpdoa. Jf an or any part of the Property or an interest therem is sold or transferred
<br />by Borrower without Lender's prior written consent. e:\c1udmg (a) the creation of a lien or encumbrance subordinate to
<br />Ihis Deed of Trust, (b) the creation ot a purchase money securifY interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of Jaw upon the death of II winl tcnafll or (d.> the grant of any leasehold interest of three years or less
<br />not comainingan option to purchase, Lender may,.at 1 eoder\ option, declare all the stuns secured by this Deed of Trust to be
<br />immediately due and payable. Lender shaH ha\c waived such option HI accelerate if. prior to the sale or transfer, Lender
<br />and the person to wh.om the Property j') to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the inleres.t payable 011 the s.ums ~ccured by this Deed of TruM shall be at such rate a!'.
<br />Lender shall request, If lender has waived the option to accelerate provided in this paragraph 17, nnd if Borrower's successor
<br />in interest has executed a wntten assumption agreement <ll;cl:plcd in writing hy Lender, Lender shall release Borrower from
<br />all obligation. under this DeW of Trust and the Note"
<br />If Lender c-xercises such option to accelerate. l.ender shall mail Borrower notice of acceleration in accordance With
<br />paragraph 14 hereof. Such notice shaH provide a pertOO of not ks;'., than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due, If Bo-rrower fi.lils. to puy :o>uch sums prior 10 the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hercof.
<br />NON-UNlfOkM COV':NAN1S. Borrower and Lender turther covenant and agree itS follows:
<br />UL Acceknttion; R~lnedies. E:xu-pt as pro'Vidrd in paragraph 17 hNeOf~ upon Borrowers breach of any covenant or
<br />a&ftemenl or Borrower in this l)<<d of 'frust. including tht' (:onnanls (0 pay wben due any sums secured by this Deed
<br />of Trust. l--ender prior to acu!koration !thaU .nail notice to BOrfc)""er as pco\-ided in paragraph &4 hereof specif.ying:: (1) the
<br />breach; (2) the action rC1luirW. lu cure such breach; (3) a dat~. not less than 30 d8)'S from the date the- notice is mailed to
<br />Borrower. by which such breaeb must bt. furfl1; and (4) Ihat failure (0 cllr~ such breach on or before the date specified
<br />in the- nuticc fIlAY ruull in a<<:ee-laation of the sums se("ured b)' Ih~ need of TnlSt and sale of the PropertJ. The notice
<br />shall further inform Borro~'('r fif the right to reinstate after a,~celeraJion and the rigbt to brinx a ('ourt adion 10 as..~ert
<br />lbe non--exWenu oi a default or an) other def~n~ of Bon-ower to acceleration and sale, If <<he breach is nol cured
<br />un 01' bt-fol't: the date ~cified in the notice. l~nder al I...tnder's option maJ declare aU of the sums !lccured by thi.. Deed
<br />of Trust to be Immediatel}" due and pa)'.able ~ithoui further demand alld nUl) imoke the power of sale and an) other remedies
<br />permitted by applicable law. Lender shaU be entitled to collect aU reasoliable 4.'osts and expenses incul'fed in pursuing the
<br />remedies provided in this paragraph 18, including, but nol limited 10. reasonable at1ome,fs fees.
<br />If the power of sale is invoked. Trustee shall re<<:ord a notice of deCauit in each county in whicb the Propert}' or some
<br />pan tbr<<of is located and shalt mail t:opies of such. notice in the man_uer prescribed by applicable law to Borrower and 10 (he
<br />other persons prescribed by applit-abae law. Afcer Ihe Ja~ of !iuch time as uta} be required by applicable la\\', Tru!ttee shall
<br />aivf' public notb of sale to tbe penons and in the mannu prescribed b)' applicable hi"""', Trustee, without demand 011
<br />Bonollier, shaD RU tbe Property at public auction tu the higbe....t bidder >>1 Ihe time and p}S('C and under tl~.:!' terms designall'd
<br />in the notke 01 sale in ODe or mort- pan:t"ls ami in l1udl order as, Trustet'l ma)' determine. Tmstee may postpone sale of all
<br />or -aA)' parcel of the Property by publk annottn<<numt at the time- and place of !luy pr-e,,'iousl)' scheduled sale. J.-ender or
<br />1.004<<', d<sicR<< may pu",,,- the Properly at any salo.
<br />tJpon rettipt or p,u)ment of the prK-c bid~ Trwotee shall ddjH~(" to the pun:haser Trmtet"!,. deW (.'Om'f(Jing the P-rop4:r{,~
<br />sold. -Tbe ~talli in the Tnuil_",'& dud shall be prima rude t\"jdnu:c of the truth nf tm- .stattmtenls made tht;>rein. Tnlstet'
<br />..... apply the po....:'ftds -of tm sak in the foUowing o-ftWr: ta) h, all .'caso-nuble cusb und e.\.pt'n~:; of the ~Ie. including. hut
<br />not l~ to, Trustee~!j.-ree'S of not mur-e tJ.um h of 1% of lbt- gross iNtk prkt:, r-t.'.asotwblt' atlornc}"s fee:,. and CQsts of tidt c\'idenct'.
<br />tb) to.1I SWU65e(:Ul"ed ~ this Det:d orll'ust; und (l~.J the exec>>, if iUl)'. tH th( ~rson Of per~n!J, legall)' entitled theretu.
<br />19.. Bor-rowtr. Ri&h-t 10 Rebtstat"e. NCHwlt!mandi-ng Ll,;-nder'!<, .1~(:ckr~\lion \\f the ~Hm,,- !>cnJred 11y thIS Deed (If Tru'o;.
<br />Borrower !i~a-H have the _ right to n&v-e ,~ny pmcee:Jins~ begun hy I t'ndcr !/, enforce- this: Deed of Trust disconHnucu at
<br />any time prj()l to the earl.tC.f to <)cctir of h) the fihh day before the sale of Ihe Property pUrSlj;int td th-.: pt)....Cf of s;ll~ C(.\IlI,uncil
<br />in this D<<-d of TruJl or{h, eOlf)' of a judgmcTIl enforcing thl~ Deed of Tru:'i.t ,I: (.1/ B~)rl"o-wc-r ray" I t';"}i.kr ;111 sum, 'o\.hl~h Wi'illld
<br />he Ut('u due. under thl"! l>et:d of Trus.t. lhe Note ;lud !lotes S('.(;uring Fulure: .A,dv~nl.:e". If <lny. had Ill.) .1.:,-da~UllHl \,;:..;,:tH rcd,
<br />(h) berro-wer curf;_~ all bfeai,~hc:!i {If any Non cu\'tnant~ or agreement5- of Borrowe-I contained in thl\ Deed of Tr\l"-t.
<br />fc) !J.ortl~wet p--ay.s ..l~ rea~un.ahte t"\pe:fi.\-C'<; ItlCurred b~i I.end~f and TrHstee,_!ti <nf(l(Cmg rhc ("oven.utili: and agft'~lllclH<' ,A
<br />Dol"fO\\-'U cClilraio'e\J m flus t~~d 01 TrU'51 and 10 cnf~,;n:iog Lender's ~n-d "J rw.H."C\ remt~dles 11:-. rh.~V1d~d !I'I P.tr",~filf)h i 1i
<br />twt-<<~t i-ru;fuding:. -hut (lot hm~ted to. reawnabk attorney',> kes; <!mj (J, Borrower t~'tkt',;" _,,-u~:h ac-{a'rl as 1 cfldeI tHii) n..'!;i\;'(ln;'lh!}
<br />r\!q~t.ite tQ BS-\ift that the lien of thi-;. [leed (1[ Tru~L I.c-ndcr\ Imcrei){ in rot: Profl(:ny ~ind Ri.1r-nm.t:t'~ ,"'r.ltg.il_idl (,1 ;,.:p
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