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9. Condemnation. The proceeds oT an}• award or claim for damages, direct or consequential, m cennectinn with any
<br />condemnation or other taking of the Property, or pan thereof. or for conveyance in lieu of condemnativn, are hereby assigned
<br />and shall be paid to Lender.
<br />!n 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 ease.^s, if any, paid to Borrower. In the event of a Vartial taking c?[ the Property, unless Borrov%er and !..ender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed Trust such prvportivn of the proceeds
<br />as is equal to that proportion which the amount vt [he sums secured by this Dced of Trust immediately prior tv the date of
<br />taking bears to the fair market value of the Property immedi:vely prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is ahandoned b}• $orrvwer, or if, after notice by Tender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages. Borrower tails to respond to I_nder within ?0 days after the date such notice is
<br />mailed, fender is authorized Yu collect and apply the proceeds. at L€nder's option. either to restoration or repair of the
<br />Property or to the sums secured by the Deed of Tnist. ,
<br />Unless Lender and Borrower o[hcrw~sc agree in wnnng, orrv such application of proceeds to principal shall oat extend
<br />or postpone the due date of the monthly installments referred tv 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 amortization of the sums secures(
<br />by this Deed of Trust granted by fender to any successor an 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 no[ he required [o commence
<br />proceedings against such successor or refuse to extend lime for payment nr otherwise modify amortization of the sums
<br />secwed 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. .ony Inrbearance by Lender m exercising any right or remedy hereunder, ur
<br />otherwise afforded lay applicable law, shall not he a waiver of or preclude the exerctsc of any such right or remedy.
<br />The procurement of insurance or the payment of taxes cr other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the mdebtcdness secured by this Deed of Trust.
<br />12, Remedies Cumulative. All remedies provided in this Deed oY "i'nist are distinct and cumulative to any' other right
<br />or remedy under this Deed of Trust or afforded by law or equip', and may he exercised concurrently, independently yr
<br />successively.
<br />13. Successors and Assigns Bound: Joint and Several i.iability; Captions. `Ihc covenants and 'tgreements herein
<br />contained shall bind, and the rights hereunder .hall Vnure to. the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. .All covenants :rod agreements of Borrower shall be joint and several.
<br />-the captions and headings of the paragraphs of this Dced of Truce are for convcniencc only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Nofice. Except for any nonce required under applicable law ro be given m another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall he given t?p mailing such notice by certified mat[ addressed to $nrrower of
<br />the Propert}' .Address or at such other address ^s 8orrowcr may designate hy' notice to l_cnder as provided herein, and
<br />(b) env notice ro Lender shah be given by certified mail, return receipt requested, tv Lender's address stated herein or to
<br />such other address as Lender may designate by nonce to Borrower as provided ;erei:^.. .ony ao•.i=;: provided (nr in this
<br />Deed of Trust shall be deemed to have been riven !v Borrower er Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Srverability. i'h?a form of deed of trust combines uniform covenants for
<br />national use and nun-uniform covenants with limited variations by ;ursdicvon to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall ht governed by the low of the jurisdiction in ~a'hich the Property is located..
<br />In the event that any provision or clause of this Deed of Trust nr the Note coniiicts with applicable law, such conflict shall
<br />not affect other previsions of this Deed of Trust yr the Note which can he given effect without the conflicting provision,
<br />and to this end the provisions of the Deed of "f rust and the Vatc arc declared to he severable.
<br />16. Borrower's Copy. Borrower shall'be furnished a a>nformcd copy nt the Note and of this Deed of `f rust at the time
<br />of execution, or after recordation hereof.
<br />17. Transfer of the Property; A$umpfton. If all or any part of the Property <>r an interest therein ~s sold or transferred
<br />by Borrower without Lender's prior written consent, excluding ~ al the creauan of a lien •?r encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, i c) a transfer by devise.
<br />descent ar by operation of law upon [he death of a }Dint tenon[ or idl the gram of any leasehold interest of three }'ears ar less
<br />not containing an option ro purchase- Lender may, at Lender's option, declare al! the sums secured h}' this Dced of Trust to be
<br />imrrtediate{y due and gayable. 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 yr transferred reach agreement :n writing that the credi~ of such person
<br />is satisfactory to fender and that the interest payable on the sums secured by this Deed of Trust chef( he a[ such rate as
<br />Lender shall request. {f Lender has waived the option to accelerate provided m this paragraph .7, and if $orrower~s successor
<br />in interest bas executed a written assumption agreement accepted in writing by Lender, Lender shall release $ocrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option tv accelerate, Lender shalt n?aii Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not Icss than 3U days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fsils to pay such sums poor to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph ' S hereof.
<br />Now-Uwir-Dann CovewAw'rs. Borrower and [-ender further covenant sod agree as follows:
<br />18. Acceleration; Remedies. Except a, provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Decd 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 provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a dale, not less than ?0 days From the date the twtice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach o0 or before the date specified
<br />in the antics may result in acceleration of the sum+' secured by Fhis Deed of Trust and sate of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is oat cured
<br />on or before the date speciSed in the notice, Lender at Lender's option may declare all of the sums secured 6y this Deed
<br />of Trust [o tie immediately due and payable without further demand and may invoke the power of srle and an_v other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasonable cosLS and expenses incurred in pursuing the
<br />remedies provided in this paragraph Itt, including, but nut 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 (hereof is located and shall mail copies of such rtolice in the manner prescribed by applicable law to Borrower and 20 the
<br />other perwns prescribed by applicable law, After the lapse of such time as may be required icy app6ca61e law, Trustee shall
<br />give public notice of sale to the parsons and en the manner prescribed by applicable taw. Trustee, without demand nn
<br />Borrower, shall sell the Property at public auNton W the highest bidder ai the tune 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 may postpone sale of all
<br />or any parcel of the Property by public announcement ai the time and piece of any previously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sate.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in the Trustee s deed shag be prima facie evidence of the truth of the statements made !herein. Tnutee
<br />shag apply the proceeds of the sak in the following order: (a) to all reasonable costs and expenses of rite sale, including, bu3
<br />not limited to, Trustee's fees of nut more than • os ~ of [he gross sate price, reasonable attorney's fees and costs of
<br />title evidence; (b) YO all cams secured by this Deed of Trtasi; and (c) the excess, if any, eo the peswn or persons legally entitled
<br />thereto.
<br />l9, Borrower's Right to Iteiustate. Notwithstanding f,cnder's acceleration of the sums secured by :hie Heed of £nisi,
<br />Bcxrower shall have the right to have any prtxculings begun by Lender to enforce this Ih:cd of 7Must drsconhnued at
<br />any time prior To the career to occur of (i) the fifth dap before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trost or (ii) entry of a }udgmcnt enforcing this feed of Trust +f: fu) Borrower pays t.cndcr all sum. which w-~u{d
<br />be then due under this Ueed of Trust, the Notc and notes scc;uriog Flours Advances, rf any, had no acre(eraaan oc. erred;
<br />(h} Borrower torts all breaches of any other covenants o:~ agreements of Borrawcr cordairsed m ttris Decd of "frus4;
<br />(c) Borrower psys all ressonsblc s,xpun'es incurred try Lender nd Trustee r r fiat ai, the coti en: ^t: ?rc pr .cmnt
<br />Harrower contained in this [}eed of I rust and in cots r ing Lutdcr's and l ru.,ve's i medres .. ;noviciid .n gran ag?auh
<br />hereof. including, bur not linriled tc, reasonable attornc}''s tees; and td? ftorze.. •cr trk~s ssch , a:. - ~ a t.euder may re. ~bi7
<br />require to asaurc that the; lien of this Dcid of ~7~aist, Le_rsder's interest .n ?hc Pni}?cit. se?d 13one7w en's t I?ti~it?vne te* ,,-
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