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<br />9. Condemnation. The rrocccu,> of any award or claim for damages. direct or consequential, in connection with any
<br />l.:ondemnatlon or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned
<br />and shall he paid to Lender.
<br />In the event of a total taking of the Property, the proceeds- shall he ::ipplied 10 the sums secured by this Deed of- Tiust.
<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 agree 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 (he sums secured by this Deed of Trust immediately prior to the date- of
<br />takingbears-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 writing, any such application of proceeds to principal shall- not extend
<br />or postpone the. due date of the monthly installments referred 10 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 amortizatiOli 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 Lo 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 'Vaiver. 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 Olhcr liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured hy this Deed of Trust,
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to ~my other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may he exercised concurrently. independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liabili(y; 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 />14. Notice. Except for any notice reqUIred under applicable Jaw to be given in another manner, (al 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 hy nOlice 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 tu 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 Deed of Trust; Governin~ Law; Severability. This form of deed or trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to cons[itut~ a uniform security instrument
<br />covering real property. This Deed of Trust shall he 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 contlicts with applicable law. such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which C.Ul he given cllcct without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the :'-Jote arc declared !O be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of tht: 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 aU nr ~lIlY pari of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent c.....cluding (a) the creation of J lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchast: money security interest for household appliances, (c) a transfer hy devise.
<br />descent or by operation of law upon the death of a jDiot tenant or {fJ) [I <:> f n: I HljRi Iii inlll Jut cf lnro] . .ill !l lili'
<br />ot iiiJ~taiRiAg fiR 8ptlSR tl? f' lrak[ 0 , Lender may. ~lt Lender's option, declare all the sums secured hy this Deed or Trust to be
<br />immediately due and payable. Lender shall ha,\,'L' waived such l)ption to accelerate if, prior to the sale or transfer. Lender
<br />and the person to whom-.the Property is to be $Old or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the illlcrest payahle ,)Jl the sums ~ccurcd by this Deed of Trust shall be at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate proyided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Ll'nder, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note,
<br />H Lender exercises such option to accelerate, Lender ~h;:ll mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of 11l1{ less {han 30 day~ from the dale the notice is mailed within
<br />which Borrower may pay the sums declared due. If Bornwlcr fails \I.) pay sHch slims prior to the expiration of such period.
<br />Lender may, without further notice or demam] on Borwwcr. t!lVL1h.C any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust. includin~ the co\ emmls to pay when due any sums secured by this Deed
<br />of Trust. Lender prior to acceleration shall mail notice- to Borrower as prOl:ided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to clIre such breachj (3) ~l date, 1101 Jess Ihan 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must- be curedj and (4) that failure to clIre such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured b,)' this Deed of Trust and sale of the Propert)'. The notice
<br />shan further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non..existcm:e of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the ~otice, I~ender al 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 maJ i",:oke the power of sale and an}' other remedies
<br />pe_rmitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but not limited to. reasonable attornc,)"s fees.
<br />If the po_wer of sale is iOl'oked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed b}" applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After tbe lap~ of such rime ns may be required by applicable law, Trustee shall
<br />give pubUc notice of .sale to the persons and in the manner prescribed by applicable law. Trustee, ",.ithout demand on
<br />Borrower. shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee Ola}' postpone sale of all
<br />or any parcel of tbe Property by public announcement at the Hrne and place of any pre\'iously scheduled sale. l~ender or
<br />Lender's designee may purchase Ihe Property al allY sale.
<br />Upon receipt of .payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed co~ve)'ing the Property
<br />sold. The recitals in the Trustee's deed sball be prima facie evidence of the truth of the statements made therein. Trustee
<br />shaD appJy the proceeds O.f. the sale in tbe followiJ1J: order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not limited to~ Trustee's fees of not more tban 1/ l, 0 f 1 % of the gross sale price. reasonable attorne)"s fees and CQsts of
<br />tide evidenc~; (b) to aU sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />lbereto.
<br />19. Borrower's_ Right to Reinstate. Notwithstanding Lender'!', acceleration of the SlIlllS 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 discontimlCd at
<br />~ny time prior to the earlier to occur of (i) the fifth Jay before the sale of the Property pursuant to the po.....er of sale contained
<br />in this Dc_cd of.Trust or (ii) cn.try of a judgment enforcing this De_cd of Tmst 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 an)'. had no '-lcccJeralion occurred:
<br />(b) Borrower cures all breache,!; of any other covenants or agrccmcnh of Borro\','er l.:ontaincd in this D~cd of Trust;
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants .and .Igrcerncnts pf
<br />Borrower cont~jneJ in thi~ Deed uf Trus.t and in enforcing l.t:nder's iHld Trustee's remedies .'1\ prnvlJcu in paragraph 11\
<br />hereof, including. but not Itmilcd 10, reasonable atlorncy's fce~; ;wd (dJ Borrower ti.lkcs ~uch ;H.:lj{lfl a!> I.cnder Olav rcas()nahh
<br />require to assure that the lien of this- Oi.:cd of Tftl<.,t. Lcndcr.~ interest in the Prop~r1Y ~mu H(ln-O\\-cr\. nbliglllilln 10 r;I)'
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