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<br />9. Condemrtation.The procecdsof any award or claimfor damages, direct or consequenuaL m connection wrth any
<br />condemnatioe or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and hail be-paid. to Lender.
<br />In the event of a tote[ taking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust.
<br />(' with. the excess; if any, paid to Borrower: [n the event of a panial taking. of the Property, unless Borrower and Lender
<br />l otherwise agree in writizig; there shag 6e applied to the sums secured by this Deed of Tntst sucti proportion of ztte proceeds
<br />as is equal to that proportion which the amount of the slims secured by, this Deed of Trust immediately prior to the date of
<br />taking bears'to the fair market value of the Propertyimmediately prior to the date of takiug: witfi the balance of the proceeds
<br />paid to Borrower.
<br />1f the Property i abandoned by Borrower, orif, after notice by Lender ro Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond in Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to: collect and apply the proceeds, a[ Lender s option:.either. m restoration or ,repair of. the
<br />Property or to the sums secured. bq this Deed oP Trust.
<br />Unless Lender and Borrower othetwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postponethe duedate of the monthly installments referred l0 in paragraphs 1 and2 hereof or changehe amountof
<br />such installments:
<br />` 10. Borrower Not Released. Extension of the time for paymentor modification of amortization of the sums secured
<br />bythis Dced of Trusrgranted by Lender to any successgr in ln[erest 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' [o cgmmence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization' of ffie sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successorsininteresi
<br />ll. Forbearance byLender Not a Waives Any forbearance by Lender in exercising any rightor remedy'hereunder;ar
<br />. otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of: any such right or remedy.
<br />The procuremct~t of ipsurance or ttie payment of saxes or otherliens orcharges by Lender shelf not be a waiver of Lender's
<br />right to acceletate,the maturity of theindebtedness secured by this Deed of Trust..
<br />12. Remedies Cumulative. All remedies provided in this Deed'of Tn~st are distinct and cumulative to any other Yighi
<br />or remedy under this Deed of Trust or afforded bylaw ar equity, and may be exercised. concurrently, 'Sndependently or
<br />-successively.
<br />13. SucceBSOrs and Assigas.Bound; Ioint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and'the rightshereunder shall inure to, the respective successors andassigns of I_enderand Borrower„ '
<br />subject to theprovisions of paragrph ]7 hereof. '.411covenants and agreements'of Borrower shall be jointandseveral:
<br />The`captionx and headingsoftheparagraphs of this Deed of Trust are for convenienceonly and are. not to. he used'±o '
<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 Decd of Trust shall be givenby mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at suc}i other address as Borrower may, designate ;by notice to°Lentler 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 is this
<br />Deed of Trusrshall be deemed to have been' given to Borrower or Lender when givenin themanner designated herein.
<br />IS• Uaitomm Deed of Trush, Governing haw; Severabilit}: This form of decd 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 Properly is located.
<br />In the event that any provision or clause of tfiis Deed of Trost or the Note conflicts with applicable law, such conflict shall
<br />.not affect other provisions of this.Deed nf: Trust or the. Note which sari. be:given"effect .without the conflicting provision,
<br />and [o this endahe Ptovisions'of Ihe.Deedof Trust and theNote-.are declared tobeseverable.
<br />16. -Borrower's Cody:' Botrower shall tic furnished Yrconformed copy of the Note and of'this Deed of Trust arihe time
<br />of execution or after recordation hereof..
<br />17. Transfer o[ tbejl!FVOerty; Asuwtptlaa.,8f alloy any parfoEthe Property or an interesttherein is sold or transferred
<br />by Borrower without Lena7er'_s prror writtm-consent; excluding ;a)' the"creation of a lien or encumbrance subordinate lo-
<br />this'DCed oETrust, (b) the creation of a purchase money securty interest'for household appliances;. {c) a 4ransfer-by devise.
<br />descent or by operation of lawupon the death. of a joint tenant or (d) the granrof any leasehold interest of three years or less
<br />not containing an option to purchase, Leader may; at Lender's option, declare .a!' the sumssecured by this Deed of Trustto be
<br />immediately due and payable:. Lander shall have wajved such option to accelerate if, prior io the sale. oc transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreemem h writing that the credit of`such jxrson
<br />`is salisfactoryaaLenderand thattheinterestpayablc onahe suntssccuredby'thisDeed of Trust shallbe aLsuchrate as
<br />Lender shall request. IfLender lies waived the optionto accelerateprovided in thisparagraph 17 andif Borrower'ssuccessor
<br />imin[erest has executed a writtenassumptionagreement accepted in wrrtingbyLender,Lendershall release: Borrower from
<br />all obligations under this Decdof Trust and the Note.
<br />If Lender exercises such-option to accelerate, Lcndershall 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 Borrowecmay pay the sumsdedar~ due: If'Borrower fails to pay such: sums prior to the expiration of such..period.
<br />Lender may, without Further notice pr demand on Borrower, invoke anyremedies permittedby peragraph,l Shereof.
<br />Nox-UNIFORM Cavetantvrs. Borrower and'Lender further covenant and agree as follows:
<br />,19. Acceleralan;Remedies.Except as provided in paragraph:l7 hereof, .upon-Borrower's breach of anycovenanl. or
<br />agreement of Borrowerinthts Deedof Trust,induding_lhe covenantstopay. whenduean}•,sumssecured,Gythis Deed
<br />of Trust, Lender prior to<accderalionshall maB'notice toBorrower asprovided in paragraph l4 hereof-specifying: (1)the
<br />breacb; (2) the adorn rega'ved to curesuchbreach; (3) a.date, notless than.30drys from'the date the`nolice :ismailed.YO
<br />Borrower, bywhichsucb breachmusl becured; and(4) that failure to cnresuchbreach on'tir beforethedafe;specified
<br />in the notice may result in: acceleration of the sums secured by this. Deed of'Trust and safe of the Property.:.: The .notice
<br />shall. further inform Borrower of fhe,righd toreinstate after acceleration and-the. righC.to bring a court-action to,assert
<br />the non-existence of a. :default orany other.defense of Borrower to accelerations and sale. If: the 'breach pis'. not cured
<br />on or before the dale specified in tbe'notice. Lender al Leaders 'option may declare all of the sums secured by this Deed
<br />of Trust to be imatedeately due andpayable without further demand and may invoke the power of sale and any otter remtdies
<br />permitted by applicable law.: Leadershall beenlitled to collect allreasnnable cosU and expenses incurred in parsuingthe
<br />remedies provided in fh's paragraph: 18, including, but not limited lo, reasonable attorney's fees.
<br />Itahe power. of saleis invoked, Trustee shalt record anotice ofdefaullin each county in which the Property or some
<br />part thereofisbcatedand shall mailcopies of such notice inthe manner prescribed. by .applicable lawto Borrower and tothe
<br />other: persons'prescribedby applicable law. A€ler the lapse: of suchtime as may be required byapplicabie Ia»~, Trustee shall
<br />give; Qublic >btice of saleo the. persons and in the manner. prescribed by applicable law. Trustee, without. demand nn
<br />Borrower, sballsell the.PropeAyatpublirauctionto the: highestbiddecat the time andplace and under the termsaesignated
<br />in the:notice of sale inoke ormore parcek and.in such. order as Trustee maydetermine. Trusteemay postpone sale of -elf
<br />or any parcel of the Property bypu6lic announcement aLthe-time and place of. any previously scheduled-sale: Leader or
<br />Lenders designee may purchase the Property at any sale.
<br />Upon receipt. of payment of theprice bid, Trustee shall deliver. to the :purchaser Trustee's deedconveying the Property
<br />sold. ;The recitafsin the Tnu1ee'sdeed shall: be prima facie evidence. of .the Truth. of the statementsmade 'therein.Trustce
<br />shaBapply the proceedsofthe salon 0te FollowinRorder.(a) to allreasonable-costs andexpenses of the sale, including,. but
<br />not limited to,:Trus[ee's fees of not more than o nf. the gross sale: price, reasonable. attorney's feesand-costs of
<br />title evidence: (b) to all sums..securedbythis Deedof Trust; and (c)the excess, ifanr, to. she. persogor persons legally entitled
<br />(hereto.
<br />l4. Borrower's Right tnReinstale. NotwilhstandingLender'saccclerationof thesutns securedby this Decd.ol' 7"rust,
<br />Borrower shall have the nght to haveanv proceedings begun by Lendcrtn enforce. this. Decd of Tnict discnntiaued at
<br />any time prror to the earlier-to occur of (i) the fifth daybefw'e the sale of the Property pursuant w the pewcr of sae contained
<br />vi this Deed of Trtrst or a entry of a judgment enforcing this Dced of Trust if:(a) Borrower ps}°s Lender~ll sums whicl~t would
<br />be then: due under Ehis Dced. ~ f Trust, Lhe Nnte an<l ngtes securing Future Advances, if any, had. no acceleration occurred:
<br />{h) Borrower cures ail brcac. t any other covenants or agreements. of Borrower contained in this Decd of 7~rusc
<br />{=) Borrower pays: aF7 teas+m: c ~~pcnscs incurred by Lender and. Trustee-in cufcrcing the t? nanta sro ,,grc mutts ~`
<br />Borrower contained it toss Dec„ of.Trust and in sntorcing.,l cndrr'6 and Trustcc s rem_dias a prwrited rn nar:.t,i 7 h t&
<br />hereof: inc{uding,:but not lirrirzcd to, rcasonablea[[ornev"t fees and (d).$orn>w'e r' fakes xi.h a~uc n as [.ender may ac,ni richly
<br />rr,Guirc fo assure that the Gen of this Dced crf.Trva, ~l_endais inieresiin the pmpa rt}' aittt Borro:uci txlt~stinn to pa}
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