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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 the;eof, or for conveyance in Heu of condemnation, are hereby asrtigned
<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 Properly, 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 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 rep&ir 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 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 shalt 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. AU remedies provided in this Deed of Trust are distinct and cumuiative 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 shaH inure to, the respective successors afid assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shaH 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 nGtice required under applicable law ~c be '.. ;ven in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shaH be giVo!.~n by mailing .:'1 n -:' ;t: by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Bornv;-/er may d'Z,lo."!ate by notice to Lender as- provided herein, and
<br />(h) 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 Deed of Trust; Governing Law; Severabilit)". This form at deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by 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 located.
<br />In the event that any provision or clause of (his 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. H all or any pan 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 Lender'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 to the sale or transfer, Lender
<br />and the person to whom the Propert}' 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 hy this Deed of Trust shall be 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 agreemem a~ccpitd in writing by Lender, Lender shaii reiease Borrower from
<br />all obligations under this Deed of 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 shaH 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 furlher notice or demand on Borrower, invoke any remedies permitted hy paragraph 18 hereof.
<br />N()N.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. llpon Borrower's breach of anl covenant or
<br />agreement of Borrower in this need of Trust. indudin~ the covenants to pay when due any sums secured by this Deed
<br />of Trust, ~nder prior to acceleration shall man nolke to Borrower as prO\lided in paragraph 14 hereof spedfyin2: (1) the
<br />breach; (2) the Be lion required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower. by ,,'hich such breach mu~1 be l'ured; and (4) that failure to ('ure such breach on or before the date specified
<br />in the notice- maJ result in acceleration of the sums secured bl this need of Trust and sale of the Property, The notice
<br />shall further inform Borrower of the right to rt'instate after ,In'ele-ration .md the right to bring a n)urf at..tion to assert
<br />ihe nOi1-eKiste"c~ of a defau:! or any tither defense of Born:mN to 2.t.'t'e!eratiQlt and ~a!e, If the hre8ch jl!; not ("\Ired
<br />on or before the date specified in the notice, Lender at Lender's option mB)" dedare all of the sums set..'ured bl this need
<br />of Trust to be immediately due and payable without further demand and may im.oke the power of sale and all~. other remedies
<br />permitted bJ applicable law. Lender shall be entitled to coned all reasonable costs and ('xpenses incurred in pursuing tht.,
<br />remedies pro,.ided in this paragraph 18, including. but not limited to. reasonable attornc,)"s fees.
<br />If the power of sale is invoked. Trustee shall record a notice of default in eDch l'ount,y in which the Properly or some
<br />part thereof is located and shilll mail copies of such notice in the manner prcsl,.ribed bJ applicable law to Borrower and to the
<br />other persons prescribed by applicable la\\. After the lapse of su(.'h time as ma,)' be required b,)' applicable la\\', Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed b) applicable law. Trustee, wilhoul demand ou
<br />Borrower, shall sell the Propert)' al public auction 10 the highest bidder ut the time and place and under the terms dcsi~natetl
<br />in the notice of sale in one or more parcels and in such order as Tmstcc mOl) determine, Trustee ma}' postpone sale of aU
<br />or any parcel of the Property bJ public announ('tment at the time and place of an)' prc,,'iousl,)' scheduled sale. I.endcr or
<br />Lender's designee may purchase the Proper.)' at an,)' sale.
<br />Upon receipt of payment of the price bid, Trustee shall delhcr to thl,' pun:hascr TI'ush..'C's det.'d t"onn.') hlg the Propl'I'l~
<br />sold, The recitaLs in the Trustee's det..'<I shall bt: prima fade c,'ide-nce of the truth of Ihe stalt.'II1l,~uls made then'in, Trush.'c
<br />shan appl~- the proctl'tis of the sale in the Collowing order: (a) to all r('asollublc ("usts aud t'xpcnM's uf the salt,. including, but
<br />not limited itl. Trustl'C'S fees of not more than 1"1 of 1% uf th~ ~n~ ,..all:' pril:c, rca:.;onabit.., aUornc)"~ rl,'c~ and t...ost~ or iitie c\ idcnl'l,';
<br />tb) 10 aU sums secured b~' lhis Deed ufTrust; and (c) the ex~e~, iran~'. to the persun ur pCl"wns legnll) l,'ntitlt'(llhcn.~to.
<br />19. Borrower's Right to Reinstate. Not\\'ithst.mding Lcnucr'-; a~..:dcratl,ll1 pI tilt: 'oUlll:>. :>.eCllrl;U hy thl:-' Deed uf '1 rll'o!,
<br />Borrower shall have the right to have any proceeding'> hegun by Lenul'! I,) enfnrcc Ihis Dcl'u ()! 1'r\l..\ ~lisl.:Olltillm'J at
<br />any time prior to the c.ulicr to oC..-lIr of (i) the fifth Jay hcforc the .,alc of Ihe Pr\)perty pursuarH It) the PU\\CI of sale I:onlaincd
<br />In this Deed of Trust or (ii) entry of a judgment cnfor~illg thh. Deed of Trust If: (a) Borrow\.,'f p.l) ~ 1 ('IHkr ~dl sllm~ which wnllld
<br />be then due under thiS DccJ of Trust. the NOll' :Jnd lwtc~ SC(llfjng Future Adv.lfh.:':', if .lIlY. had Ih' .h.:~.c:cr;-jtilm \.)(:I,:UHI,..U.
<br />(h) Borrower ('urcs all breachcs of any other \.."O\'cnanh or agrccrncnt\ "f BtHIO\\"Cl conlilllh:J III this Occu \If .11"\1'>1.
<br />Ie) Borrower rays all rca~ll/lahJc expenses im':lI~rcd hy Lender and Tru'otcc io enfol llHg l~le ,,'\'Vt.ll.lIl(s dud <lgrl'Crm:I1L~ PI'
<br />BOlro......cr i;ont~iocd in lhis Deed of TIlIst and III l'nh1rcing Lender's and Tru..,tce\;. rcml'dle~ ,t... pr..)\hkd In p~ltagr;Jph 1:-\
<br />hereof. including, bui not limited to, rCi.tsonabk atl()rflc) '<.. fcC's. and (d) it,)f r,)\\'("1 ta\..c... ....t..:h adH'1l as f ,l'ndcl rna" IC:I",,'ll;lhl\
<br />lcqllirl' h) assure Ihat the lien of thi~ Deed of Tru"t. I cnJt:r'~ inlcrc<,( Hl Ill\;' PWP<:rf\ ,Hid Bt)ft\w-.-cr\ ,")hligath'll h' t'.n
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