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<br />9. Cotrdemnatloe. The proceeds of any award'or claimfordamages, director consequential, m connection with any
<br />condemnation or other taking of the Property, or partahereof, or for conveyancein lieu of condemnation, are: hereby assigned
<br />and shall be paid to+Lender.'
<br />Tn the event of a total takingof tha Property, theproceeds shat) be applied tothesums secured by this Deed of Trust;
<br />r with the tacass, if any,paid to Borrower..In the event of apartial taking: of the-Propert}; unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this. Deed of Trust such proportionrof 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 aking, with'the balance ofheproceeds
<br />gird to Borrower.
<br />If the Property is abandoned by Borrower, or if; after notice by Lender. to Barrower 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 ootice'is
<br />mailed. Lender is authorized to'collect and-apply the proceeds, of 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 andHorrowtcothetwiseagraein writing, any such application of: proceeds to principal shall not extend
<br />or postpongthc due date of the: tnoothly;.instatlmentsreferred to in. paragraphs. I- and 2'hereof'orchange-theamount of
<br />such installments.
<br />Z0. Borrower NoERekaaed. Extension of [he 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 is interest. Lender hall not be required to 'commence
<br />proceedings against such successor or refuse to e>rtend time for payment oc otherwise modify:-amortization of the sums
<br />secured by this Deed'of Trustby reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11.' Forbearanceby bender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable` law, shall not tie. a waiver of or preclude the exercise of` any such right or remedy:
<br />The procurement ofinsuranre or the payment of taxes'or other liensor charges"by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of'the indebtedness geared by this Deed of Trust:
<br />12. Remedies Cumtrlnfive. All remedies provided'in this Deed ofTrust are distincrand cumulative. to any. other right
<br />or remedy undeethis Deed of Trust or afforded by law or equity, and may be exercised concurrently; <independently or
<br />suxessively. -"
<br />13.'Suecettsors and Aasigoa-Bound;; Joint and;Sevenl Liability; Captions: The covenants and. agreements herein
<br />contained.:sha11 hind, and.[he rights hereunder shall inure to-ttte respective successors and. assigns of Lenderand.Borrower,
<br />abject to the provisions of paragraph 17 hereof: All covenants and agreements of Borrower shalt be° joint and'several.
<br />The pptions 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. Nolke. Except for anynotice required under appiicable law lobe givenin another manner, (a) any notice to
<br />Borrower provided for-in tbis'Dced of Trust shah be given by mailing such notice by certified mail addressed: to Borrower at
<br />the Property e\ddress or at such other address as Borrower may desij;nate.by notice to Lender as provided. herein; and
<br />(b) any notice to Lender shall,be given by certified mail, return`receipt requested; o Lender's address stated: herein onto
<br />such other address as Linder may designate. by notice to Borrower as provided herein: Any notice provided for in this
<br />Deed of Trtut shall brdeemed to have been given to Borrower or Lender when given in the manger designated berets
<br />15. Uniform DeedofTrttstGovernitcg'Law;.Severabillty:; This form:of deed oftrust combinesuniforrncovenants fore
<br />national use and non:uniform"covenants with limited variations by lurisdiction to constitute'a uniform: security: instrument
<br />covering rest. property: This Deed of Trust shall be governed bythe law ofthe jurisdiction in which the Properly is located:
<br />In he event that any provision or ckause of this Deed of Trust or the Note conflicts with applicable law, such' conflict. shalt.
<br />not affect otherprovisions of his 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. BorrowePs,tCopy. Borrower shall"be furnished a conformed copy: of [he Note and of this Deed of-Tres[ at the tine
<br />of execution-or afterrecordationhereof.
<br />17. 7~amfer of tYeTroperty; Attwtnptbn. ff all or any part of the Property or ad interesttherein is`sold or transferred
<br />by Borrowerwithout Lender's prior written consent, excluding (a) ..the :creation of a lien or encumbrance subordinate to
<br />this Dead of trust, (h)-the cteaGon of a purchase money security interestfor hottsehold 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 anyleasehold interestof three years or less
<br />not wnlaining an option o purchase, Lender may; at Lender's option declare. all the sums secured by this Deed of Trust to be
<br />immediatehyr~ue and payable. 'Lender shall have waived such option to ~~:celerate if, prior ao the sale_or transfer,: Lender
<br />.and the person to whomahe Property is to lie sold or transferred reach agreement in writing,that the credit of such person
<br />issatisfactorv to Lender and that the interest payabio on [he sums secured' by this Deed of Trust shall be `at such rate as
<br />Lender shalliegtxst. If Lender has waived the oprioato accelerateprovided jn this'paragrph 17 and ifBorrower's soecessar
<br />to tnterest has extxuteJa written assumption agrcementaccepted in writiug by Lender; Lender shall release Borrower from
<br />all obligations under. this Lleed bf Trust and the Note:
<br />If Lender exercises such option to accelerate; Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraphl4`hereof. 5uchnotire shall provide a-period ofrct less than 30 days from the date the notice`s mailed within
<br />which Borrower may pay the sums declared due. If Borrowerfails fo pay such sums prior to the-expiration. of such. period,
<br />Lender may, withoutfurthtr notice or demand on Borrower, invoke any remedies permitted by paragraph; ! 8 hereof.-'
<br />NoN-UMFORM Covexertts. Borrower:and Lender further covenant and agrre as follows: -
<br />18. Acceleration;Remedies.Exceptasprovidedin paragraph 17 hereof, upon;Borrower'sbteach ofaay covenant or
<br />agreement of laroweria this Deed. of Trust' including the covenants to pay when'due any-sums secured by. this-Deed
<br />of Trusl,.Lender priocto acnkrafion shall. ntat7 noticeto Borrower as;provided:"in `parsgrap6 74.hereof specifying:(1);'tbe -
<br />breach; (2)=the action required to cure such breach; (3) a dale,,nol, less this 30 days' from the date the notke-is mailed to
<br />Ilorroweq by whkh such breach"mast be cured; anti (4) That failrre to cure such breach on or before the date specified
<br />in:'the norkemay rrsalt in acttkratioo of"tbe sumssecured bythis Deedof"Trust-andsaleaf. the Property.. Tbenotice' :
<br />shall furtlter iafotm 6orrowerrof tire. right to reinstate: after acceknlion andlhe. right So :bring a court'ac6on to:assert-
<br />:thtsoo-eaisteace of adefanh orany other defenseof Borrower ro accelerotionandsaler..If Thebreachisnofcured
<br />on or before. the dale speeified in the notice, lender at Lender's option may declare aB of the. sums secured by this: Deed
<br />of Trust to be immediately tine sad payable. without forlhu demand and.may invokeahe: power of sakand any otherremedies.
<br />permitted by: applirabklaw. Leader skill fie etttitkd to co1kN all reasonable costs and expenses'. incurred: in pursuing the
<br />renledks provided in tbls pntagraplt 18, iacltdittg, but-not limped to, reawnabkattorney's fees.. '"
<br />If fbe power of sak is ievoked, Trustee stall record a rtotke of de[aolf in each county in'whkh the Property or some
<br />part tbereotitlocnkdandshall:mail copiessofsuc6 aotke in the,mannerprescribedby applkable law tp Borros.~erandto the
<br />other persotas,prescri6ed by appHeabk law; AHer the lapse of suctilime as may be required by applicable law, Trustee shag
<br />Rive publk aofice ofsak !o the,petsoosand in tbemannerprescribedby`applicable. iaw...Truslee,withoutdemand. on
<br />borrower, shaBsell theYroperty atpublicaucfion to Ibehighest-. bidder at thetimeandplaceand under the terms designated
<br />in the ttotios of sak inooe or more parcels and in such order as,Trostee'mny determine. Trustee .may postpone sale of all
<br />or any parcel of the Property by puWk annouacemenFat the fine and place. of any previously: scheduled: 'sale. Lender or
<br />f.eader s designee ntay purchnse the. Property at any sak.
<br />Upua receipt ofpaynueut of the prkebid, Trostceshall deliver to the purchaser Trustee's decd conveying the Property
<br />sold. The rceitals io 1be Truslee's`deedsh9lbe primafacieevidrnceoEtbe:Yroth of-the. slatementsmado-therein:-Trusfce
<br />sha8 apply the proceeds o[ tbesaleia 16e follo~in¢ friilersla) to: all reasonable costs and expenses;of the sale, including; but
<br />not limited lo, Trustee's fees of notnwre than WV % ofthe gross sale price,reasonable attorney's fees and sods of
<br />tick evidence; (b) to all sums scoured by this Deed of "('rush and (c)Yhe excess,.ff any,.tothe person or persons. legallymntitled
<br />IberNo.
<br />L 19. Borrower's Right to Reinsiak. Notwithstanding Leader's .tcceleraiion pf the sums secured by this Dccd of 'trust,
<br />Borrower shalt have the right to have any proceedingsbegun by; ixnder to enforce-.thts Iked:of Trust discontmtied at
<br />any time prior to the earlier to occur nF (t) the fifth day before the sale of the property pursuant to. the power ofsale contained
<br />in thivDeed of Trust or (ii) antryof-a judgment enforcing;this Deed of Cr_,t i?: (a7 Borrower p:ryslender a{2sumswY,ichwoold
<br />tx: then duo under this Decd of Tnrst, theNote andnates securing Future. rAdvances;.ifany, had noaccetcranon z+ccurred;
<br />lb) Borrower cure; alt broaches ref any ot11Cr covenants or agreements of Borrower contained in this Decd nF Trust;
<br />{c) Borrower pays all reasonable expenses incurred by~Lender and Trustee in enforcing the covenants and agreements bf
<br />Borrow e: ~on~aincv..in chi Dce.d of Trust and in enforcmg.3..rndcrs td 7~r uSteeti rcniedies aspros tded..in parrtyr.iph.18
<br />hereof, in%luding. but not limned to, re.taonable attorney 5 fees; a,d t - l 3brrn~a er takes such action: as L.:.nder tttmy rcasonablp
<br />requ~rc to assure chat the hen of this Deedof Trust, Ixnders ir.[er~ ,r ire the: Propar(y and: B:ii~ro vet's cidlig:uiun an pac
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