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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in conneclion with any
<br />condemnation or other taking of the Property. or part thereof, or for conveyance in fieu of condemnation, are hereby assigned
<br />and shan be paid to l.ender.
<br />In the event of a tOlallaking 01 the Property, the proceeds shall be applied to lhe 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 agree in writing. tbere shall be applied to lhe sums secured by this Deed of Trust such proportion or 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 settie a ciaim for damages, Borrower faliSe tCI respond lO Lender within 30 days after the dMe such notice 15
<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 Ihis Deed or Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />~~c~~ll~~~ts~ue date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<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 l..ender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he 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 />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 10, the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph l7 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 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 1i:1", to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be.t n. by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address a~ Bu. er may designate by notice to under 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 shaH be deemed to ':J.'I"e been given to Borrower or Lender when given in the manner designated herein;
<br />15. Unifonn Deed of Trust; GoverninR Law; Severability. This form of d~ed of trust combines uniform covenants for
<br />national use and non~unjform covenants with limited variations hy jurisdiction to constitute a uniform sec-drity instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In [he evenl 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 gi....en effect without the conflicting provision.
<br />and to this end the previsions .o!,.theo.Deed.ot..Trust.,am14he Note are declared to be severable.
<br />16, Borro",er'. "- .:1lPr-"IlI~beftltnislt<<l p cunformed copy of the Note and of this Deed or Trust at the time
<br />of execution or after teeo tion herectt~:;' ,~::j ,; ~
<br />17. Transfer of be ~;any part of the Property or an interest therein is sold or transferred
<br />by Borrower without' fl~luding {a) the creation of a lien or encumbrance subordinate to
<br />this Deed of TnJS1, (b) the creation of a purchase money security interest fOf household appliances, (c) a transfer by devise,
<br />descent or by ope-rallon of Jaw upon the death or a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option (0 purchase. lCI!der may, at Lender's DPiioil, declare fl.ll the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall hilve waived such option to accelerate if, prior 10 the sale or transfer, Lender
<br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and tha[ the inlerest payable on the sums scC"ured by thb Deed of Trust shall be at such rate as
<br />Lender shall request. If Lender has wai....ed the option to accelerate provided in this paragraph J7, 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 Trust and the Note.
<br />H Lender exercises such option lO accelerate, l.ender shall mall Borrower notice of acceleration in accordance with
<br />paragraph J4 hereof. Such norice 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 fail'! to pay such sums prior t(\ the expiration of slJch oeriod,
<br />Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof:
<br />NON-UNifORM COVENANTS. Borrower and lender further coven~nt and agree as foHows:
<br />18. Acceleration: Remedies. .:xcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borro~'er in this need of Trust, including the c-on:nants to pay when due any sums secured by this Deed
<br />of Tru.'t', Lender prior to acl'eleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such br~ach; (3, a date, not less than 30 days fro.Rt the date the notice is ,maUed to
<br />Borrower, b)' which such breacb must be cured; and (4) that fallure to ,'urc. such breach on or hefore tite oale specifieu
<br />i:t ~he notk:e may ~~!! in ~!.'!.'e!erntin!! of the SU!P_" secured by this Oe~d of Trust ~nd sa!e {)f th~ PrQperty. The mlti('e
<br />shall further inform Bonower of the right to reinstate after acceleration and the ri2;ht to bring a court action to a~en
<br />the nun-existence of a default or an\' other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or M,face the: date- specified in the notice, Lend(>f al lknder's option roB}' dedare all of the sums secured by this Deed
<br />of Trust to be immediatel) due and payable without further demand and may im-'oke the power of ~--ale and any olher remedies
<br />pennitted by applicable: blw. Lender shall be entitled to coUect aU reasonable costs and expenses incurred in pursuing the
<br />renu:dies provided in this paragraph 18. htdudinJt. but not limited to, reasonable attome)"s fees.
<br />I[ tbe power of sale i.. invoked. Trustee sball reeord a notice of default in each county in which the Propert}' or some
<br />part the-reof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other penons prescribed b)' applicable law. After the la~ of such time as may be required by applicable law, Trustee shall
<br />gh'c pubiic notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower. sball sell tbe Property at public auctHJn to the highest bidder at the time and place and under the terms designated
<br />in tbe OUtil'e- of sale in ODe or more parcels and in such order as Truo;tee may determine. Trustee ms)' postpone sale of all
<br />or any pan~et of tht: Property by public announcement at the time and plu{"e of an,}' pre\'io-usly scheduled sale. Lender or
<br />Lendu's designee may pllr-chase the Pro~rty at any sale.
<br />lJpon ret.'Cipt of payment of the prkt'- bid, Trustee shaD delh'er to the purchaser Tru.'ttt."C's dt'l.>d l-'Onveying the Pr-opcrl)'
<br />sold. The recitals 1n the Trusteets deed suU be prima fade evidcm.,'c of the truth of the statements made therein. Tru.lItl-"C
<br />shan apply the procet.ods of the sale in tht' foUmdng or-der: la) to all rea.'tOnablc cosls and expense...; of the sale, indudlng, 1m!
<br />nollimited to. Trustff's rftS of nol more than h of 1% of the gross sale pritt. reasonahle uttornc)'s fees and costs of title c\'idence;
<br />~b) to all sums secured b}' this lleed of'frust; and (e) the excess, if any , to the person or ~rsons legally entiU(>(J thereto.
<br />19. Borrower's Right to Reinstate. Notwithstandmg Lender's :u;:cekrati(ln of the \um); sl..~cur~d_ hy thl~ O~cJ ~f Tnls.l,
<br />Borrower shaH have the right to nave any proce-edmg'\ (le.gUfl hy Ll~ndcr to enlorce thiS neeu (Ii Tf\l~!I l..il:'iCOflllnucd ~~-l
<br />~ny I.ime prior to lbe earHcr ~o O('cur of (I) the fifth day before the ~alc of (he p(\.pcny pursuant (l) the power of S.lle contained
<br />Hl. this- Deed of Trusf (1r(ii)cotry or a judgmentenfordng this Deed of TflJ~1 if: (a} Borrower pay~ l.enJer ~lH sums V,'hICh would
<br />be tne,n due under tni'S Deed {)f TW'i-l. th~ Note ;-\Od !lotes sccUffng Future- AdvJnce~, if any. h~id no acceleration l'X:CUCf-Cd:
<br />tb} Borrower C-llrc:s- -<In breaches- of any other covenarlts or aurC(:rncnh of Rorrowt!1' I.:ontaincd in thiS Deed (11" T fU'lL
<br />(c) .BOffUW(':{ (>-flY'! all rea\Qflabk e"'pen:~c'5 incurred by Lemkr and Trm.tct in enforcing the ;;"lW\;'nant'i and agrcernenl'.> t,\f
<br />Borrower contained in thh DcelJ of Tru~l and .In e-nfof\,:log l.ender's and J ruq~e'~ rcmedlc~ :b p-rl..lvidcd In paragraph 1 ~
<br />hcte:?t inchidhll.? hut nol lir,nited la, n,-a-s-onabh: /lUornc'/.. kc!'>; and (di BOrr0WC{ !:l~.t':I, such action 3.~ Lcrah.':f mil'! tt,!,!"i'lnably
<br />rcql,lffC to) ~!Uure that lhe !It'!ll (~f ttJt\ Deed ~:,f TrwH. ~L-endcr'" 1I,h"'re,,t at tht PrOr~C'T1Y ~Hid n,m'nw~r<" (~h-liga!l\)l'l hl PH"
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