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<br />- 9. Cotrdemnatbn. The proceeds of any award or claim (or damages. direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part t~areof, or 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 be applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking n[ the Property, unless Borrower and tender
<br />otherwise agree in writing, there shall be 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 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 taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Properiy is abandoned by Borrower, 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 respc?nd to 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 restoration 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. Ifnrrower Not Released. Extension of [he time fps payment or modification of amortizztion of the sums secured
<br />- by this Deed of Trust granted by L.endcr to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the oagtnal Borrower and Borrowers successors in interest. Lender shall not be required to commence.
<br />proceedings against such successor or refuse to extend time for paymem or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower s successors in-interest.
<br />I1. Forbearance by [,ender Not a t{'aiver. Any trbearance by Lender in exercising any right or remedy hereunder; or
<br />- otherwise afforded by applicable law, shall not be 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 6y Lender shall not be a waiver of Lender's
<br />right to aceelerate the maturity of the indebtedness secured by this Deed of Trust. _
<br />12. Remedies Cumulative. All remedies provided in this Deed of Tnrst are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law pr equity, and may be exercised concurrently, independently or
<br />successively.
<br />IJ. Snecavsors and Assigns Bound; Joint acrd Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to. the respective suuessors and- assigns of Lender and Borrower,
<br />subject a the provisions of paragraph t7 hcreoi. All covenants and agreements of Borrower shall he joint and severe).
<br />~fhe captions 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, Noftee. Except for any notice requued under .+pplicable law to be given in another manner. (a) any notice to
<br />forrower provided for in this Deed of Trust shall t?e give^ by mailing such notion by certified mail addressed to Borrower at
<br />the Property Address or at stxh other address as Borrower may designate by notice to Lender as provided herein, and
<br />tb) any notice to Lender shall be given by certified mail, return receipt requested, to Lenders address stated herein or tp
<br />such other address as Lender may designate by notice to Borower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have lien given ui Borrower or [.ender when given in the manner designated herein.
<br />t5. Uniform Deed of Trust; Governing taw; Severability. This form of deed of trust combines uniform covenants for
<br />national ttse and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real pmpeny. This Deed of Trtut shall 6e governed by the law of the jurisdiction in which the Property is located.
<br />In rbe event that any provision or clause of this Deed pt Trust ar the Note conflicts with applicable law, such conflict shall
<br />not af[cet other prtrvistons of this Deed o[ "crust or the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Deed o€ "Crust and the Note are dcclsred to be severable.
<br />L6. Bonowei s Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of 'Trust at the time
<br />of execution or after remrdatiaa hereof.
<br />17, Treader of the Pr~eny:-AaempGoa: if all pr any part of the Property or an interest therein is sold or transferred
<br />by Borrower without L.mdets flrutr-wnttrn consent, excluding Fa) the creation of a lien or encumbrance sulwrdinste le
<br />this Deed of Trttst, (b) the•ereadoa'af~a~pureh'axtmsney security interest for hpusehotd appliances, {c) a transfer by devise,
<br />desceut ur by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or tens
<br />oat rnntsining an option to purchase, Lender may, at Lenders option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. (.ender shall have waned such option to accelerate i(, prior to the sate or transfer, Lender
<br />and the person to whom the Property is tp be sold pr transferred -reach agreement in wrtnng that the credit of such person
<br />is satisfactory to Isnder and that the interest payable on the sums xx:urcd by this Deed of 'trust shall be aE such rate as
<br />Isnder shall regrust. If Linder has waived the option to accelerate provided in this paragraph F 7, and if Borrower's successor
<br />in interest has executed a wriuen assttmptimr agreement accepted in writing by Lender, tender shall release Borrower from
<br />alt obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shalt msil Borrower notice of acceleration in accordance with
<br />parsgraph l4 hereof. Slick notice shall provide a period of not less than 3p days from the date the notice is mailed within
<br />which Borrower may pay the sums declared dtm. If Burrower fails to pay such sums prior in the expiration of such period,
<br />Lender may. without further notice ur demand nn Borrower, invpke any romedies permitted by paragraph ! g hereof.
<br />Norv-Uwr'oatvt Covetvervrs. Borrower and l cyder further covenant and agree as follows:
<br />tg. Accekratba; Remedes. Except ffi provided in paragraph t7 hereof, neon Borrowet's breach of any covenant or
<br />agteemeal of Borrower in thin Ihed of Trus4 includitrg the coventwls to pay when due nay soma secured by this I1eed
<br />of Trs>st, I.emler prior to acrekration shall rrrail wotice to Barrows m provided is paragraph 14 hereof specifyh~t (1) the
<br />breach; (2) the acNaa required tw cure such breach; (3) a date, not lass than 3@ days from the dale the notice is maBed to
<br />Borrower, by which such breach muss 6e cored; gad (4) that failua to cure such breach on or before the date specified
<br />is the aotitt may result iw w•cekwtion of [be surwn secured by this [hod of Trull and sale of the Property. The notice
<br />shall furthv inform Borrower of the right to reinstate after acceleration sad the right to 6rtttg a court aMion to assert
<br />the nontxistean of a defauq or any other defense of Borrower to acceleration and sak. If the breach Ls not cared
<br />oa w before eke date specified Ln the notice, fader at [.enders option may declare a6 of the sums secured 6y thLs Deed
<br />of Trust to be immedWely due awd payable wittroul farther demand and may involte the power of seta and any other remedial
<br />permitted by applicable Law, leader shah be entitled to collect all rstmoaabk costs and expenses irrcwrrea in-pursuing the
<br />teatedies provided is this paragraph Ig, Lrutndiwg, bW not limited to, teanonabk aNorney's fees.
<br />If Nee power of sale is invoked, Trustee stta6 record a trotice of defadt b each county in which the Property or some
<br />- part thereof is heated and shall mail copies pf such notice is the mantxr prescribed by a4pBcabk Law to Borrower and to the
<br />- - - ether ptvsem prescribed by applicable law. #her the kyle of such time as may 6e rcqutred 6y applica6le law, Tntstee shalt
<br />give ptrblie aotkr of sate to the persoue sad iw the maatxr prescribed by appBeabk taw. Trru4ee, without demand on
<br />Borrower, shall soli the Property at pahUc aactba to the highest tridder at the time and place artd under tde terms designated
<br />io the police of sale iw one or Wrote parcels amt in loch order >r 'I'rrrstee may determine. Trustee may postpone sale o[ alt
<br />or nay parcel of !be PoopeRy lq publk aaaoaaeeatem ri the Time gad place of goy previously schedtded sale, T.eeder or
<br />t.eader'a dtsigpee way parcbase the Propcny at nay sale.
<br />- f.Ipon receipt of payment of file price bid. Trustee serail deBver to the. purchaser Trustee's deed conveying the Property
<br />trald. TYe rceNats In the Trustee`s decd shalt be prima facie rvidetue of the tru16 of Ilse sGlemcals made therdn. Trustee
<br />~ apply eke ~~c~ads of the sole is the foilowinf( order. (a) to all reasowbk cants and expcases of the sent, Including. Itut
<br />trot BmRed b. Trndeda fees of woe more Nunn , 05 `~ of the gross sale price, reasowabtt atbrney's fees artd tolls of
<br />tide evidence; fW m aN sutra seeunrd by M4 Deed of Trust; and (c) the excesrt, !t as}y. to the prison or ptnatt4 legally entitled
<br />lbtvaFo.
<br />+ f4, Borrower's RiRA!-lo Raindatr. Neuwrthstanding Isndcr's ucceleralu?n .+i the .tins scoured by r,d of ~I'ruat.
<br />}[~- 8orrtawet shalt hate the right to have any prceeedinga t+egun by tender tot enforce thts Decd of 7 r r continued at
<br />any time prior to the earlier to occur pi (il the filth day before thr sole of the Ptopcny pu rsuunt to the Ixtw rr ,-f _alr Y nta~neil
<br />- is tli~ geed of Trust ar (ri) entry of a judgment entr:rrting rhiv [)cell of "Trust rl ~ !a) kkrrrower pays I.endcr all sums whnh would
<br />Fro (hest dun under this Decd of 7'nist, the NOre and roues xcuring suture Advances, rf any, had na accclcrat+c?n _>LCUrreJ:
<br />(b) Rturuwer coots all 6reacftm of any other covenants o: agreements tit Borrower contained m this Deed of Truvl,
<br />(c) Buurower pays all rr:.timable expenses incurred by I raider aMt "1-rtntec in enforc~n{t the :-ovenants and agreemems ++f
<br />B~wrr caattaittmi in this Detvl of Trust and m entort<dng Lender's and °!'v~st€c~ ramedtr~ as pravrdnt -n paragraph 1A
<br />- trar+saf, irrttutlittY, but woe Limited to, reasurablc aacuney's Ives; anil td) Borrowrr takes lath acirr?n as F ender may reautnably
<br />- - tegsute to aqurc that 2)K lien tat this Lhed u( Trost. i crr:~ct-s tntaresi in the F'r apcn} acrd Bunowcr"s abtigatiptr to t+a.
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