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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any
<br />condemnation or other taking of the Property, ar part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to tender.
<br />In the event of a total taking of the Property. the pra:eeds shall he 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 of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shalt be applied to the sums secured-by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured Icy 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 balan.z of the proceeds
<br />paid fo-Borrower.
<br />If Fhe Poeperiy is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award tit settle a claim for damages. Borrower faits to respond to Lender within JO days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the pra:eeds, at Lender's option, either to restoration or ttpair 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 shat! not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment oc modification of amortization of the sums secured
<br />6y this Deed of Trust granted by Gender m any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability at the original Borrower and Borrowers successors in interest Lender shall not he required to commence
<br />proceedings against such successor or refuse to extend time (nr payment or otherwise modif}' amoriization 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 Ixnder Not a-tVdver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he 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 ar charges by Lender shalt not 6e a waiver of Lenders
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust,
<br />}2. Remedies Cumulative. All remedies provided in this Deed of Tntst are distinct and cumulative to any other right
<br />or-remedy under this Deed of Trust or afforded h}' law er equity, and may be exercised concurrently, independently or
<br />successively.
<br />]J. Successors and Assignv Bound: loiat and Several Liability; Captions. The covenants and agreements herein
<br />can[ained shall hind, and the rights hereunder shall inure ta, the respective successors and assigns oC Lender and Borrower.
<br />subject to the provisions of paragraph I i hereof. All covenants and agreements of Borrower shalt be joint and xverol.
<br />The captions and headings of the paragraphs of this Deed nt Trust are for 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 appbcable law to he given in another manner, (a) any notice to
<br />Borrower provided for in this Deed oC Trust shall he given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate b}• notice to Lender as provided herein, and
<br />(b) any notice to Lender shall he given by certified mail, return receipt requested, to Lender's address stated herein ar to
<br />inch other addressss as Lender may designate by notice to Borrower as provided herein. Anv notice provided for in this
<br />Deed of Truxi shall be deemed to have been given to Borrower ar Lender when given in the manner designated herein.
<br />I5. Uniform IAed of 1'rnt: Governing t,aw; Ssverobtfity. Thrs form of deed of trust combines uniform covenanlrior>-~=•~
<br />national use and non-uniform covenants wnh broiled variadens by jurisdicton to Constitute a uniform security~~ in3ttiefiflk~s< i
<br />covering real property. This Deed nt Trust shall be gos•erned by the law of the jurisdiction in which the Property is belted. 1
<br />In the event that any provmon or clause nt thrs Deed of Trust or the Note conflicts with appbcable law, such eonBiet tdulHr+at
<br />not affect other provisions of this Deed of 'Trust ur the Note which can be given effect without the conflicting-provision,--~
<br />and to this end the provisions of the Detd-e[ Trust noel the Nate are declared to be severable.
<br />t6. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note acid of this Deed of Trust at the time
<br />of execution or after recordation htrmf.
<br />!?. Tritaafer of the Property; Assnmptlon. If all ar env part of the Property or an interest therein is sold or transfernd
<br />by Borrower without 1_enderi prior written consent, excluding fa) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, tb) the creation of a purchase money security interest for household appliances, {cl a transfer by devise,
<br />descent or by operation of law upon the death of a loin! tenam or {d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase- Lender may, at Lender's option, declare all the sums secured by this Deed of Trutt to 6e
<br />imritediatcty due and payable. Lender shall have waived such option to accelerate if, priar to the sale or transfer, Ixnder
<br />and [he person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums scoured by this Decd n Trust shall be at such rate as
<br />Lender shat) request. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrower's successor
<br />;n interest haz executed a written assumption agreement accepted in writing by Lender, Lender shah release Borrower from
<br />all obligatiotu under [his Deed of Trust and the Note.
<br />if Lender exercises such option to accelerate, tender shalt mail Borrower notice of acceleration in accordance with
<br />paragraph I4 hereof- Such notice shad provide a period of not less than iQ days from the date the Halite is mailed within
<br />which Borrower cony pay the sums declared due. if Borrower fails to pay such sums prior to the expiration of stub period,
<br />Leoder may, without funher notice or demand on Borrower, tnvnkc any remedies permitted by paragraph 18 hereof.
<br />NaN-UNIFORM COVENANTS. HOtNWef nod LCndet further covenant and agree as follows:
<br />tg. Aceekrotioe; Rsme6sv. Except as provided in paragraph f7 hereof, upon Borrower's breach of aoy covetnmt or
<br />agreement o/ Borrower in th6 Deed of Trust, ieclndirrR the coveeanW to pay when drx nay saws secured by Ibis Decd
<br />d Trust. IRader priar IO accekration Shah ma8 notice 10 Borrower as prorided is parttRrapb I4 htrtnf spetifying: iii the
<br />hseaeA; (2) the action required to cure sucA breach; (J) a date. rat kss than 311 days frwn the date the ndke is milled to
<br />Borrower, by which such breath mast he cured; noel 14) tlrot foliate to care sncp breach oa or before the date specified
<br />iv the notice aoy resuN in accekrotiwi of the suns secured 6y thin E)eed of Trim and sde of the Property. The riotlce
<br />slra8 further inform Borrower d the r~ht to reirstde after accekratiov and the right to briry; a xourt action to amert
<br />the aoa-t:ai#encc of -a defaatt ar any oNxr dcfeast of Berrowrr to acceleration and sak. It the breach 8 not cattd
<br />w or before the ride specified in the notice, Lender at Ixadv's option may declare all d the sums inured by this Died
<br />d Trnt to be immediately dot and payabk wilhavt further demand and may invoice the power of sak and nay other remedks
<br />permitted by applicable law. Lender shag 6e eafitkd Io collect s8 revwnabk costs and expenses iacnrred is puraaiag Nie
<br />rerveiia provided in tbk patagrtiph t& laeltaiistR, Irid rat Braked to, reasatwble attorney's fete.
<br />B tbs power d sale a leveled, Trmtee shti6 record a notkc of detadt is each snooty in which the Property or some
<br />part thereof is located and sptt8 ascH eopks d sech notice is the mtmrrer prescribed by applicable bw to Borrower and to the
<br />other persons pmcrihed by appikahk law. 0.he; the lapst d such tirve as may be required by applkabk law, TraWee shill
<br />Rive paWic no/ice d ode fo the pecans and in the manner prescribed by applicable law, Trastee, without deasaad on
<br />Berower, sha8 se8 the Pwpcrty-d paiiik anettoa to the highest bidder at the tivie and place noel under the terms deslRvattd
<br />fa the notice d sale rs one m more parcels sped in inch order ss Trrmee may datermiua Trrrsiet may postpone oak of tell
<br />or W' pttrcet of the Poeperty 6Y pnbBe awtaontreetnerk at the time and piece of nay prevlumly schedded sale. i.ender or
<br />LewdePa dtsigaee tarry pwcbtse the ProPrrb' at nay sale.
<br />L'pw receipt d psywwrk d ttre price bid, Trastee shay delirsr to the parchaser Trrstee's deed conveying ihr Property
<br />sold. 7iae reciaek is ttrr Trimee's deed shah )K prima fack evidence of rite trWb d tin srattaierits made tlierrin. Trvatee
<br />siutti apply the.proxseds d the sale is the foifovriaR order: tat to a8 reasnaabie coats and expenses d the sale, iarlndirig, bat
<br />aai Iirvked ta, Primer`s tees d vent mars shave 3?a Uf 1 '4' of the Brass sale prkn rtaronabit atforntY's flea amt caabt of
<br />tilt triiitfsxt; f61 to a8 aarvs txcaetd by tlda p~ d Trwt: and /cS tbs exccra, if nay. to the prraea ar prrsorrs la~ally entitled
<br />tiatnto.
<br />1>i. flatrawsPs RilMt le Rslimale. Notwithstanding Lender's acceleration of the stuns secured by thrv [t,-.. Trust.
<br />Bar[•avrer xttall have the tight to have any proceedings begun by C-ender to enforce this Deed of Tnrxt drsco,~unued at
<br />nay tiiHe priar to the earlier to osCUr of {+l the flfth day Mfcar the salt of the Property purxuam to the power ai sale mnlauied
<br />in this i9ecd a9Truu or till carry of a ivdgmenf enlarcing !Iris bred of Tnnt rt~ la! Borrt»ver pays Lender all sums which wiruW
<br />bo then due under tins Ih•;ed s*t Tnesf, the Ntaft and motes wr;urmg Fitlure Advancer, st any, had no seceieraticn rwcurred:
<br />{hl Borh++ver Cures all brtacliee of any other Covenants or agreements of BCUntwcr Contained ns this Deed of Trust:
<br />tC) Banosvrr p.yx aN rtaumx..be expenses irseurtrs) t*}' Lender and trustee in rnforctng the iovenantc and agreements of
<br />Barravrer-coatatrscd in thu tweed al Trust and m colt>tcinq t enders and Truster'-~: ren[cxlies as provrded m paragraph t8
<br />hereof. frirhrdirj(, f+ntt act timated tu. rstdsonabte aitatrtev's terv: and td) Onrmwer taker arch aclinn as t emkr may reasnnahtY
<br />T!~' lu a3xfkrt [try tl;C 1Ka n( lhti i7rtai at Trust, Landcr'v rastrre•.t rr ttm Pra,pcrty ar,d Htxrrawer"x n$ligalic•n u+ pay
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