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<br />9. Condemnation, The proceeds of any award ar Maim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of zhe Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Leader.
<br />Sn the eventof a total taking of the Property, the proceeds shad be applied zn the sums secured by this Deed of Trust,
<br />with-theexccss" if any, paid to Borrower. [n the event of a partial taking cvf rhe.Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Dced of Trust such proportion of the proceeds
<br />as. is equgl to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears. [o the'fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borcawec
<br />-. If the Property is abandoned by Borrower, or if, after notice by i.ender to Borrower that the condemnor offers. to make
<br />anaward-orsettle aclaimfor damages; Borrower fails to respond to Lender within 30 days after the date such notice is
<br />matted. Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Propertyor to the sums secured by thirDeed of Trust.
<br />Unless LenderandBorroder otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />orpos[pane theduedate oithe monthly installments referred to in paragraphs 1 and ~ hereof or change theamount of
<br />such'mstallmen[s:
<br />10.-BorrovverNOt$eleased. Extension of the time for payment or modification of amortization of the sumssecured
<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 />proceedingsagains[ such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />.secured by Yhis Deed of Tnrstbyreason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbeuancebya.ender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise: afforded by applicable law, shall not hr 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 try Lender shall. not be a waiver of I>ender's
<br />righ! to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />72: Remedies Cumu4tive. .411 remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />orremedY under this. Deed of TrusYOr afforded by law or equity, and may be exercised concurrently, independently or
<br />successively:
<br />13.-Suce~ssors and': AssigtasBound; Joint andSevenLL,iability; Captions. The covenants and agreements herein
<br />contained shallbind,:andthe7ights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject totheprovisionsof paragraph: f7 hereof. Ali covenants and agreements of Borrower shall be joint and: several.
<br />;The captions and headings of the paragraphs of this Deed of Tnst are for com•enience only and arc not to be used to
<br />interprebor define the provisions hereof.
<br />14- Notice.: Except..for any notice required under applicable law io be given in another manner, {a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by. mailing such notice by terrified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any nonce to Lender shalfFxgivenbycertified-mail,: return receiptrequested, to: Lendtr'saddress elated herein. or to
<br />such other adc(ress as Lender may designate by notice to Borrower as provtde8 hereto. Any notice provided for in this
<br />Deed..of Trustsha]I 1iedeemed to have been givento Borrower oY Lender whengiven in`the manner-designated herein.
<br />':15.::Unffoarr Dced of.Trust; Governirtg.Law; Sevenbility. This form of tleedof Trust combines uniform covenants for
<br />national useandnon-uniform covenants withlimitedvariations by jurisdiction teconstitu[ea uniform security instrument
<br />covering reafpropetty.This Deed of Trust shaif he governed by the law of the. jurisdiction inwhich the Property is located.
<br />In the event Yhat anyptovision or clause of this Deed. of Trust or the Note conflicn with applicable law, such conflrnt shall
<br />notaffect other;provisionsof this-Deed of Trust-or TheNOtewhich can he given effect without the conFlicting provision,
<br />and to':[his end the provisions of the'Deed. of. Trust and the Note arc declared to be severable.
<br />16. Borrower's Copy.::Borrower shall befurnished a conformed-sbpy of thc`Note and of this Dced of Trust at the time
<br />of execution-or aftertrcordation heteod:
<br />'°1'f. `Trmsfer ofthrPtoperty;:A~umpT:on. If allot any part of the Property Oran interest therein is sold oc transferred
<br />byBorrower without Lender's prior wriitenconsenf, excluding (a) the creation of'alienor: encumbrancesubordinateto
<br />this Deed of-Trust, (b)_thecrcation of a purchase money securiryinterescfor householdappliances. (c) a transfer by devise:
<br />descent or by operaliodof law uponthc death of a jointtenant or (d). thegrantof soy leasehold interest o[ three years or less
<br />not containing an optiontopurchase, fender may, :+t Lender's option, declare alt the sums secured 6y-[his Deed of Trust robe
<br />immediatelydueandpayable. Lendershal! have waived suchoption to'accelerateif, priortothe safeor transfer, Lender
<br />andTheperscn to whom the Property istobesold ortransferred reachagreemenf in writing that thecredit of such person
<br />is satisfactory..to'Lcnderand that the interestpayableon Ificsumssccured by'thisDced of:Trust shailbe a6suchrate as
<br />Lender shalt request If Lender has waived the option to accelerate provide.: ,n tftis paragraph 17, and if Borrower's: successor
<br />' in interest has executed awritten°assumption agreement accepted in writing by Lender, Lendershall release. Borrower from
<br />all obligorions-anderthis'Deed of Trust and the Note:..
<br />1f Lendcrexercisessuth'option toasxelerate, Lender shallmal Borrower notice of accelerationinaccordance with
<br />paragraph: l4hereof.Such noticeshallprovide a. period of nut Icssthan 30days fromthedatethe notice is mailedwiihin
<br />which Borrower: may paythe sums declared due: If Borrowerfaiis to pay suct:stims. prior io the expiration of such period,
<br />..Lender may, without further notice or demand on Borrower invoke any remediespermitted byparagraph 18 hereof.
<br />Noty-UNIPURM Covetvwrrrs. Borrower and Lender further covenant andagree as follows:
<br />' -: I8. Acceleration;. Remedies.: Except asprovided inparagraph 11 hereof,.upon,Borrower's breach of any rovenan[. or
<br />agreement of Borrowerin-lhic Deedof Trust, iocludiagthecovenanis topay when due. anysumssecured by thisDeed.
<br />of Trust,Lender priorto. acceleration shaft mail'noticeto Borrower as provided. in paragraptr 14 hereof specifying: (1) the.
<br />breach; (Sy flee acting required to cure such breach; (3). a .date, not Ices than 30. days from the. date the notice. is mailed to
<br />Borrower, bY: which suchbreachmost. becured;and (4):fhat faifuretoeure such breachon or before thedate specified:
<br />in-lhenotice may result inacceleration of the sums secured by:..this Deed ofTrustandsateof theProperly. The. ooGce.
<br />shallfurtherinform Borrower of the; right-toreinstate after acceleration andthe rightto bringacourlaetion.to assert
<br />thenon-existence of. a-0efault orany other defenstbfBorrower,fo accclentionand:.sale.Iffhebreachisnot eared
<br />onorbeforelhe:datespeci6ed inthenotice,Lender:atLender'sopdonmaydcSlareallof the sums securedbythis Deed.
<br />olTrtust l0 6e immediately due and payablewithout further demand and may invoke thepowerof safeandany other remedies
<br />permitted byapplicable law. hendershall be entttled`to-collect all reasonable cogfs and expensesincurted:in pursuing the
<br />remedies provided in this'paragnphig, including, but not .limited to,,reasorwble attorney's fees..
<br />ifthe powe['af sale is invoked„Trustee shalt. recordaooticeof default inieach countgin which the Properlyor some
<br />padahereof is iocaled andahall mail copies of such notice in the mannerprescribed by. applicable law to Borrower and to the
<br />ofher:.personsprescri[redbyapplicablelav.•.'Afterthe lapse of suchaime asmay. berequired byapplicable law, Trustee shall
<br />give, public notice of sale_lo the persons andin the manner prescribed hy'rapplicablc Iavv.Trusiee, without demand on
<br />Borrower, shall cell the Property atpub6c auction to the highest biddecar fhetime and°ptace and under the terinsdesignated
<br />in the nouce.o( sale in one or more parcels andin such. order as Trustee may..detennine.. Trustee ma}..postpone sale of all
<br />oa any parcel of the Property Dy public announcement at-Iheaime'and plaeagfany;.previously scheduled sa1e..Lenderor
<br />lxoder's designer may purchase the Property at :any sale.
<br />Upon receipt of payment of the, price bid,Trusfee shalldeliver,ao thepurchaserTrustec's- deed conveyirtgtbe. Property
<br />sold.'The rccitais in the Trustee's deed shall be prima.facie ev idence: of the truth of the statements made therein. >'frustee
<br />shall apply the proceeds of the sale in the fallowin order (s) to alt reasonable costs and. expenses of. the sale, includaog, bat
<br />.not limited fu, TrtrsYee's fees!of not more thad_ I _~? _ n of the gross sate: price, reasonable attorney's fees and costs of
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<br />-.fide evidence; (b)lo all sumssecured by this. Deed of. Trust; and (c) the excess, iF.any,to the personor persons legally. entitled
<br />.thereto.
<br />T9. Borrower's Right to Reinstate. Notwithstanding Lender's. acceleration of the sums secured by this Decd or fast.
<br />8orrewer ,hat! fiave tRe right tohavc any proceedings heguii. by. Lender in :enforce this Deed. of Trust dixcsnGnued at
<br />anyume prior to the carlierto occur of. (r) the fifth day before th~saie of the Property pursuant to the power of sale contained
<br />in thn: Decd o['Trtest or (+i) entry of a. jitdgrrcnt eq(orcing thisDeed ofTrust if. (a).Bortoner ,pay's Lender all sums which wou!ci
<br />bcalten due under this Dees! of "foist: the Note and notessecuring.Fnturc ndvanees, if any, had ou acce(erafiurr. u:curred:
<br />fbl Borrower'cures all: breaches nl any nthercovenants oragreements of 'Eurrower cuntained in thin Decdof Tn+st:
<br />{c. Barr u r pev, all reasonable expenses inci,rrcd by 1_endcr and Trustee, rn ettfoixing ilx covenants and agrccmcntc ni
<br />- Bnrraw cr . ~ntainad in this Deed of Trust nail in enCorcirt3. Lender's a.id Trustee's remedies as provided. m parngral~`t 7R
<br />hereof, +neluding, but not:limitedto;reasonable attorney"s fees; and Esflt3orrcrver takes such nano tax Londe: m:ry a'aso~ably
<br />req~~~re to assure that the lien of ihis.Ds:ed o£ Tnrst, Lender's interest in the Propert}' and B,rrcwer -.. b:igatit>n to pay
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