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<br />9. Condemnatba. The proceeds ut any award or claim for damages, direct ur consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof. yr for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property. the proceeds shall tx: applied to the sums secured b}• this 1Jeed of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking nt the Property, unless Borrower •md Lender
<br />otherwise agree in writing, there shall he applied to the sums secured by this Deed of Trost such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Dced of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date n( taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Burrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages. Borrower fails to respond ro Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at lender's option, either to resroration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension n( the time fur payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest v( Borrower shall not operate to release, in any manner,
<br />the liability of the uriginaF Borrower anJ Borrower's successors in interest. Lender shall not Fee required [o commence
<br />proceedings against such successor or refuse :o extend time for payment nr otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Horrower's successors in interest.
<br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, yr
<br />otherwise afforded by applicable law, shalt not he a waiver of or preclude the exercise of am• such right ur remedy.
<br />The procurement of insurance or the payment of taxes ur other liens or charges h} !.ender shall not be a waiver of Lender t
<br />right to accelerate the maturity of the indebtedness secured bq this Deed of Trust.
<br />iL Remedies Cumulative. All remeJies provided in this Deed n( Trust are distinct and cumulative to anV other right
<br />or remedy under [his Deed of Trust or afforded by law or eyuiry, and may be exercised concurrently, independently or
<br />succcstively.
<br />13. Successors and AssiRos Gourd: Ioint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure tn. the respective suctt-sues and assigns u( Lender and Borrower,
<br />subject to the provisions of paragraph t7 heron!. Aii covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Feed vi Trust art tar convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to hr green ur another manner, (a) anq notice to
<br />Borrower proviJcd for in this Drell of Trust shall kre given by mailing such notice by cenificd mail addressed to Borrower at
<br />the Prapert}' Address or at such ether address as 8nrrnwer may designate by nonce to 1-ender as provided herein, and
<br />fb) any notice to Lender shall be given by certified mail, return receipt reyucsted, to Lenderi address stated herein or ro
<br />such other address as Lender may designate by notice [v Borrower as provided herein. Any notice provided fur in this
<br />Deed of Trust shall be deemed to have been given w Borrower or I ender when given in the manner designated herein.
<br />IS. Uniform Deed of Trrxsl; Governirtg law; Sevrrability. This Term of deed of trust combines uniform covenants fur
<br />national use and non-uniform covenants with limited variations h} jurisdiction to constitute a uniform security instrument
<br />covering teat property. This Deed u! Trust shall ter governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Ueed of Trust yr the Note conflicts wtith applicable law, such cnnilic[ shall
<br />not affect other provisitms of this Deed of 'c'rust or the Nnte which can tee green cltec[ without the conflicting provision,
<br />and ld this ettd the provisions vf.the Deed of Trust and the Note art declared to tic severable.
<br />- .t6... iorrorer'a Copy. Borrower shall be fiumshed a conformed copy of the Nure and nl' this Dced of 'hrust at the time
<br />v[ execution or after recordation hereof.
<br />17. Trtmsfer of the Property; Assomptlou. If all nr any part of the Property ur an interest thcrem is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding ta) the creation of a hen or encumbrance suMxdinate to
<br />this Deed of Trust, (b) the creation of a purchase money seventy interest fur household appliances. (c) :r transfer by devise.
<br />dtxeent yr by operation of law upon the death of a ;amt tenant or td) the grant of any leasehold interest u( three veers or less
<br />no[ containing art option to purchase, tender ma}, at Linder i option, declare ail the sums secured by this Dced of Trust to ere
<br />immediately due and payable. Lender shall have waived such option to aceelerate if, privy to the sale or transfer, 1_rnder
<br />and the person to whom,the Property is to be sal) or transferred reach agreement m writing that the endit of such persrnr
<br />is satisfactory to Lender and that the interest payable vn the sums secure) by this Deed of 9'rust shall ere at such rate as
<br />Leader shall request. If Lender has waive) the option to accelerate provided in this paragraph 17, anJ if Aorrower's successor
<br />in interest has executed a written assumption agreenrem accepteJ m writing by Lender, Lender shall release Borrower from
<br />ail obligations under this Deed of Trttst anJ the Note.
<br />If Lender exercises such option to accelerate, lender ,hall mail Barrvwer notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a perioJ of not Icss than lU days from the date the nnUCC is mailed within
<br />which $orrower may pay the wms Jeeasred due. If Borrower fads ro pay such soots prior tv the expire Goo of such period,
<br />Lender may, without Curiher notice yr demand un Bvrrowrr, invoke an} remedies permitted by paragraph I R hereof.
<br />Nor+-Ur+ttoast CovertxrvTS. Borrower and Lender further uwenant anJ agree as follows:
<br />I8. Acceirtalioa; Remedies. frtcrpt as provided in parrt`rapb 17 hereof, upon Borrower's breach of any coverumt or
<br />agreement of Borrower in this I)ted of Trrrst, irtcladirtg the covenants to pay when der any sums secured by this Deed
<br />of Trust, Lender prior to acttieratbn shall mat? notice to Borrower as provided in paraptrp6 14 herrni spceifyi~: fl) the
<br />hraach; f2) the actioe required fo rare such breach; t3) a date, not lit.~s than 30 days tram the date the notice h mailed to
<br />Borrower, by which such breach must 6e cured; cad (4) that Failure to cure snc6 breach on or before the date specified
<br />in the outlet may result in acceitratian nt Ihr writs sn ured by this I/eed Ot Trust cad sale of the Property. The native
<br />shall further inform Borrower of the rithf to reip5tate after arrelrratioo and the riRh/ to brioR a court action to assert
<br />the non-eaislence of a default ar any other drfrnu of Borrower Iu acceleration atsd sak. If the breach is nut cured
<br />as or before the date specified in the notice, tender st [.ender's option may declare aU of Ibe sums secured by ihk Drell
<br />of Trust to be immcdWsly due and payable without further demand and may incolte tht power of sale and any other remedies
<br />permitted by applicable law. leader shag be emitted m colket a6 reasonable rusts utd a:perttaa irtcurred in pursuing the
<br />remedies provided in this parrtgraph IB, iuctnditr~, bbl cwt Limited to, reasonabk attorney's lees.
<br />If the power o[ salt is iovolced, Trustee shag record a notice of default in each county is wtrk6 the Property or some
<br />part thereof is located and stud( mail copies of such notice is the manner prescribed by applicable law to -Borrower and to the
<br />other perwas prescribed by appilcable law. AGrr the leper of such time as may be rryuired by applicable law, TnWce shalt
<br />girt puWlc rroliee of sale to flit penans and in the manner prescribed by applicable law, Trustee, wititout demand on
<br />>~rawer, slt~!t m.o ±k Pra~rty v r .ale auct~ to tw h'.r„htst b?ddtr at ihr time and place and under the tetras drsigtrated
<br />is the notice of stdc in oat or ttaore pareek and in such order as Trustee may determine, "trustee ma} posfporu sale of all
<br />nr any parcel of the Property by pa6lic announcement at the time and peace of any previatnlY xhedded sale. Lender or
<br />l,eadsr's deaieaec may prrrekrae the Property M any sale.
<br />[!pan receipt of pn,Ymem of the price bid, Trustee shop deliver to the purchaser Trustee`s deed cooveyiaR the Property
<br />sold. The mitak ie the Trustx's deed shag be prima facie evidence of the leech of the statement mods therein. Trastrr
<br />rhaD apply the rd f~ sale is ihr [oBoaimt order. ta) to all rrasunabie rues and expenses of the ..ate, including, bu!
<br />mf Boiled to, tastre's fees of trot mare than . p5 "•" at the gross sate price, reasonable allorsre}'- +~~ss and nests a(
<br />titte eridetttt; f6) to aB snms snared by this Deed of Trost; and (r) the execs+, i( ant, to Itre person or pen ~ kaliy nrtitleJ
<br />tlructo.
<br />14. Borrowers Ritht to Reirutate. Ncuwrthetandmg i.endci s acceicrattou of the ,ums sneered by tens Deed of 1 not.
<br />Borrower shat) have tha right to have any proceedings Freguu by 1 ender to colorer this fA-cd o; j7u,! .hxc,rnt[nucd ai
<br />any tiros prior is the earlitr to occur of {iJ the fitth Jay be[ore tFre sale ut the Prufreny pu rsruurt to the power u[ sate .7mta,ned
<br />in iltis Des.(nf Toot nr tic) entry of a judgment rntarcing (hie L}eed of Trust if' (a! Got newer pa}s t ender all soars wh~eh wautid
<br />era then dos uru3er this t'xJ uC Trust. the Notr and iwtes sen:nng Ftnurc AJvancrs, d any. had rnr a.:cclct.tuvn ,><:eur rd.
<br />fb3 Borrower cures all breaches of aay other covenants ur agrertnems ,d Bvrruw cr .rnuaiucJ rn ±bis 1,>crJ ++t iru,G
<br />ic) ltnrrawrr paya elf reasunahle rxponse, it>LUt rcti by (.ender and 'fnrstrs° i., evtcrrchrg the :~ von ants and agrccmeotc of
<br />Barrxrwsr camtainstl to (hie 1>reJ crt 'fnrst anJ m rntorcing Lcuder's and -lYo,ter.', roan Jres a, pniviJed m paragraph !::
<br />hereof, irtciuding, Irut nut IimiteJ tu. rrasvnahls attar ore's fcx~s, and fJ! Bcutnwe€ takrY ,uch action a. Lrn,}rr mx} rc:rsunahtr
<br />tryaurc~ to assure that the lion v( !firs ihcJ ut Trust. f flmtrr'a interest m the Pn+I+ens ;i red Borrower's .,bli$atian h. tow
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