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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential. m 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, jf 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 hy this Deed o[ 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 10 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 10 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 to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the rime for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender 10 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 am.ortization 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 interes[.
<br />II. 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 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. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />VI ~emedy 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, Ihe 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 qJ 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 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 />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 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 />15. Uniform Dud 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 hy Jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is locat~d.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shaH
<br />not affect other provisions of this Deed of Trust or the Note which can he 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 tbe Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />hy 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 Lender.s option, declare aU 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 to 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 secured by this Deed of Trust shall be at such rate as
<br />~nder shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />10 interest has executed a written assumption agreement accepted in writing bv Lender, Lender shall release Borrower from
<br />all obligations under this Deed 01 Trust and the Note. .
<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 not less than 30 days from the date the notice is mailed within
<br />which Borrowe~ may pay the sums declared due. If Borrower fails to pay such -sums prior to the expiration of such period,
<br />Lender may, WIthout funher notice or demand on Borrower. invoke any remedies permitted by paragraph t 8 hereof.
<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18, Accrlention: Reine-dies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any COl'eoan. or
<br />acreement of Borrower in this Deed of Trust. including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as pro\'ided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date. not less than 30 days from ,the date the notice is mailed to
<br />Borrower, by wbich such breach must be l'Ured; and (4) thai failure to cure such breach on or before tbe date specified
<br />in the notice may result in acceleration of th~ sums secured by this Deed of Trust and sale of the Property. The notice
<br />shaD further inform Borrower of the right to reinstate aftrr an'eleration and the right to brine: a court action to assert
<br />the non~xistence of a default or any other defense of Borrower to acceleration and sale, If the breach is not cured
<br />on or ~(ore the date specified in the notice. l.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 '.urlher demand and may invoke the power of safe and an)' other remedies
<br />permitled by applil:able law. Lender shall be entitled to collect all reasonable ('osts and expenses incurred in pursuing the
<br />remedies provided in this PMra&raph 18, including, but not limited to, reasonable attorney'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 thereof is located and shall maD ~opies of such notil':e in Ihe manner prescribed by applicable law to Borrower and to the
<br />other penoDS prescribed by applicable law, After the lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee. without demand on
<br />Borrower, shall sell the Property at public auction to the h~hest bidder at the time and place and under the terms designaled
<br />in the notice of sale in one or more parcels and in such order as Truslee may determine. Trustee may postpone sale of all
<br />or any pattel of the Property by public announcement at the time and place of any previously scheduled sale, Lender or
<br />Lender's desi&uee may pun:hase the Property at any sale.
<br />Upon re<<ipt of payment of the prke bid, Trustft shall deliver to the purchaser Trust~'s deed conveying the Propert}'
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shaU apply the proceeds of the saJe in the following order: (a) to all reasonable costs and cx~nses of the sale, including, but
<br />not limited to, TrustH's fees of not more than y~ of 1% of the gross sale price, reasonable attorney's tees and costs of title evidence;
<br />(b) to all sums secur~ by this Deed of Trust; and (c) the excess, ifany. to the person or perstHIS legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lendcr's accclcralion of the ~lIm~ sc\.'urcd hy this Dccli of Tru'ol.
<br />Borrower shall have the right to have any proceedings hegun by Lender 10 enforce this Deed of Tru5t discontinued ::It
<br />any time prior 10 the earlier to occur of (i) the fifth day before the sale of the Property pursuanr (0 the power of sale conlalOcd
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: ta) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances. If any. haJ no acceleratton occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreem~nts of Borrowcl contained in this Deed of Trust;
<br />(c) Borrower pays aU reasonable expenscs incllrred by Lcnder and Trustee in enforCing the Cl)\'t'rlants and agreements llf
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee\ n:mcdics as prOVided in paragraph 1 X
<br />hereof, including. but not limited to, reasonable attorney's fees; anli (d) Borrower takes slIch action as Lender may reu\nnahlv
<br />require ro assure that the !ten of this Deed of Trust. Lender'Ii inler;;:-st In the Property and Horrllwcr'" obligation to J1d\
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