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<br />9. Condemnation. The proceeds of any award or claim for damages, direct ar consequential. in connectionwithany
<br />condemnation or other taking of the Property, or part [hereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In theevent of a total taking of the Property, the proceeds shall be applied [o the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Barrower .and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by This Deed at Trust such proportion.. of the proceeds
<br />ss is equal to that proportion whichthe amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to ihefair market value of the Property immediately prior to the date of caking, with the balance of the proceeds.
<br />paid is Borrower.
<br />If the Property is abandoned by Borrower, or iE, after notice by Lender to Borrower that the condemnor offers tomake
<br />an award or settle a claim for damages, Barrower tails to respond to Lender within ;0 days after the date such notice is '
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either [o resiorationor repairof [he
<br />Property or to the sums secured by this Deed of Tivst.
<br />Unless Lender and Borrower otherwise agree ir. writing, any such application of proceeds to principal shall not eztead'.
<br />or postpone the due date of the monthly installments reterredto in paragraphs I and 2 herecI. or change theamount of
<br />such instatlmeots.
<br />10. Borrower Not Released. 13xtension of the time for payment or modification of amortization of-the <,ums secured
<br />by this Deed' ofTrust granted by Lender to any successor in interut of Borrower. shall not operate io release; in any manner,'
<br />the liability of ?he original Borrower and Borrower's successors in interest. Lender shall net be required ao commence
<br />proceedings against such successor ar refuse to extend time far payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the originai'BOrrawer snd Borrower's successors in interest'
<br />]1. Forbearance by Lender Not a Waiver. Any forbearance by Lenderin exercisingany right arremedv hereunder, or
<br />otherwise afforded. by applicable law, shall not. t>e a waiver of or preclude the exercise of aizy stachright or remedy:
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be awaiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cemulafive. All ;emedies provided ]n this Decd of Trust aredistinct and cumulative to any other right
<br />or remedy under this Deed of Tzust or afforded hp taw or eyuiry, and may he :acercised concurrently; independently' ~r
<br />successively.
<br />13. Successors and Assigns Bound: Joint and Several i_iability; Captions. The covenants and:agrecments herein
<br />contained shale bind, and the rights hereunder shall. inure tb, the respective successors and assigns of I:ender and Borrower;
<br />subject tothe provisions of paragraph 17 hereof. A[I covenants and agreements of.Barrower shallhe .joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are far cam.enienca only andare not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice :required under appiicaole law ro be given in another manner. (a) soy natse to
<br />Borrower providedior in [his Deed of Trust shall tx givedby mailengsuchnotice by certified mail addressed to Borrowerat
<br />the Property Address or at such other address at Borrower may designate by notice. to Lcitder as provided herein. and.
<br />(b) any noticeto Lender shall. he given by ccnified mail, return receipt requested[ to Lender's address stated herein or to
<br />such other address as I.eoder may designate by notice to Borrower as pravtded herein. Any :notice provided for in thin
<br />Deed`of Trust shall be deemed to have been given io Borrower fir Lender when given inthe manner designated herein,
<br />15- Uniform Deed of Trrisr, Governing law; Sevenbility: This form o{ decd of trust combinesamiform covenants tar
<br />national use and non-uniform covenants with limited variations by. jurisdiction to constitute a uniform security instrument
<br />covering real properly. This Deed of Trust shall begoverned by the tawef the jurisdiction inwhichthe.Property rs:lacatcd,
<br />to tliatvent thatany provision nrciause of this Deed of Trust or: the. Nate conflicts with appbcab:^. law; such conflict shall
<br />not affect. other provtsioasoE this Deed of Trust ar the Vote which c,an hegiven: effect without the contlicting provision. -
<br />and tpltieisrend the provisions of the Deed of 'T'rust and the Note are declared to he severable.
<br />--IF.~iorww•r's.~y,.•.Borrowcr shall 6c(urmshed a conformed copy aP'thc Note snd i~f this Dcedof Trust at thetime.
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assomptioo. If all or any part of the Property or an interest therein is soldi>r :eansterred
<br />by Borrower. without. Lender's prior. written consent. excluding ia) the creation of a Gen or encumbrance suboruinate to
<br />this Deed. of Trust, (b) the. creation of a purchase tnoney security interest far household appliances, ic) a transfer hp devise.
<br />descent or by operation of taw upon fhedea[h of a joint tenam or(d) the grant itt any leasehold interestx>f three years ar less
<br />not containing an option to purchase, Lender may, at Lender's option. declare all the sums. secured by ails Deed oi' Trust to bc'
<br />immediately due and payable. Ixnder shall have waived such option to accelerate. if: prior iO the sale br: transfer, I:ender.
<br />and the person to whom the Property is to be sold'or transferrsi reach agreemem in writing that the credit of such person
<br />is satisfactory to Lender and that the interes[payable on the sums secured by this Deed of"trust shallbc at such raieas
<br />tinder shalLrequest. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest hasexecuted awri[[en assumption agreement accepted in writing by Lender, Lender shall release Borrower Frain
<br />all obligations under this heed of Trust and the. Note.
<br />`If Lender exercises such option to accelerate. Lender sfiall mail Borrower notice of acceleration in accordance with
<br />paragraph. 14 hereof. Such noticeshal[ provide a period of"Hatless than 3O days tram 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 />- [..ender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Norr-UNIFORM C.OVFNANTS, .Borrower and Lender further covenant and agree as followsi
<br />1 g.. Arceler~tioe;Remedies. Except asproridedin paragraph 17. hereof, upao. Bonrower's breach of any-covenanCor
<br />agreement of Borrower in the [ked of Trust,'includinq the. covenants to pay when due any sums secured bythis Deed
<br />of Trust. [.;ender priortn accekrationshall. mat7nolice to Borrower asproyided in paragraph: 1~ fiereof'specityirtK:. (1) the
<br />breacA;(Z) the. action required locate such.brach; (3}:a date,.notless than.30 days from thedate the notice is mailedto
<br />'Borrower; by which such 6rcneh rnustbe cured; attd(4) that fa8uretocure such breach an or before the dale specified
<br />lathe entice may result inacttleratiooofthe sumsecured.hy this Deed ofTrosY and sate.oflhe Property. Thenotice
<br />s6a11 further inform Borrower. of the:. right to reinstate after accderation. and Ihe. right'!o brirrR a court action to assert
<br />the non-existenceot adefauit or any olherdeferrseof Borrower to acceleration and sale. 3t the. breach`is not cured:
<br />on orbeforelhedate specified in lhr nofice, Ixnder. at [,ender'soption may. declare all ofthe sums securedby this heed
<br />of Trust Pobc imrned"wtely due and payable wilhuutfarlher demand andmay invoke the power ofaale andaoy other remedies
<br />permitted by: applicable taw. [xndershallbeenfitledtocollect all reasonable rostsaod expenses incurredin pursuing flee
<br />remedies provided in this paragtraphlB,inciudirry„.bulnot limitedto,.reasombleatlorney's fees.
<br />[f the power of sakis invoked, Trtrstee shall mord a notice of default in each county in which the Property or some
<br />part thereofisMcated and shall mail copies of such notice in the manner prescribed by applicable Caw toBorrower and Yo the
<br />other persons prescribed by applicable law. Afterthe lapse of such time as may. !rd required 'by :applicable law,. Trustee shall
<br />give public. notice. of sale to. the persons and in the manner prescribed by applicable law. Trustee, without demand nrr
<br />Borrower, shah sell the. Propertyat public auction to thehighest bidder al the time and placeand underthe Seems designated
<br />inthe notice of sale inonenr more parcek wdin such order as Trustee .may determine. Trustee may postpone sale:of ail
<br />or any parcel of the Property by. public announcemenfat the timeand piece of env previously scheduled. sale.S,ender ar
<br />Leader's designer may. purchascthe Property at: any sale.
<br />Upon receipt ofpayment of the price bid, Tnrstee shall deliver to the purchaser Trustee's deer) conveying the Property
<br />sold.' The recitals is the. Trustee's deed shall be primafacie evidence of. [he Yrolh of 4he statements made therein.. Trustee
<br />shall apply the proceeds of the sale iu the fol!owin)torder: (a) to all reasonable costs and expenses of. the sale, iacfudeng, but
<br />not limited to, Trustee's fcesof not more than . OS % of the „rosy sale price, reasonable attorney's feesand costs of :
<br />title evidence;. (b)lo ail suntc secured by this Deed of Trust; and {c) the excess, iE any, to the person or person[ legally entitled:
<br />thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleratior. of the sums secured by this Decd of Trust,
<br />Borrower. shall have the. right to have any proceedings begun by. Lender to enforce this Deed of "1'•ntst discantmued ai
<br />any time prior tothe earlier to occur of {) thefifth day before the ~aie of the Properly pursuant to the power of sale contained
<br />in this Decd of Trust or (ii) entry of a judgment enfordng this Deed of Trust if: (al Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust; the Note and' Hates securing Future Advances, if' any, had no :acceleration occurred:
<br />(b} Harrower cures a^ breathe:; of arty tither covenants or agreements of Borrower contained in this Ueed of "crust:
<br />(c) Borrower pays all reasonable expenses incurred by t_cnder and 3'nistec in enfori ing the covenants and agreements of
<br />Borrower contained in this Decd of Trust and in onfordng Lender's and Trustee's remedies as provided in paragraph IS
<br />hereof, including, but net. limited to, reasonable attorney's fr_es; and (d) Borrower takes such action as Lender may reasonably
<br />require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation u> tray
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