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<br />9. Coademnatba. The proceeds of any award or claim for damages, direct or consequentiah in connection with any
<br />condtrrmation or othm taking of the Property, or part thereof, or foe conveyance in lieu of condemnation, are hereby assigned
<br />and olio(( be paid to Linder.
<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 of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there sha8 be applied to the sums secured by this Deed of Trust-such proportign of the procceds
<br />as is ual to that proportion which the amount of the sums secured by this Detd of Trust immediately prior to the date of
<br />taking-bears to the fair market value of the Properly immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower: ,
<br />tf the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />aaaward-ar-sUtte a claim for damages, Borrower faits [o respond tv tender within 30 days after the date such notice is
<br />mailed, Leander is authorized m collect and apply the proceeds, at Lenders option, either to restoration or repair of the
<br />Properly or to the sums secured by this Deed of Trust.
<br />Unless Lender amt Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the-due date of the trronthlyinstallmems referred to in paragraphs land- 2 hereof or change the amount of
<br />such installments.
<br />1®. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trost granted by Lender to any successor in interest of Borrower shalt 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 />proceedings against such successor or refuse to extend time for payment or otherwise modify amomzation of the sums
<br />secured 6y. this Deed of Tres[ 6y reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by appticab[e taw, shalt 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 by Lender shall not be a waiver of Lender's
<br />right ioaccelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remrnlies Cumtrhtive. All remedies provided in this D- ~~d of Torsi are disti~t and cumulative to any other tight
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised co~urrently, independently or
<br />successively.
<br />13. Snecrssors and Assigw Bound; Joint a~ Severe! Liabi6tyt Captio>g. The covenants and agreements herein
<br />contained shall bind, attd the rights hereunder shall inure to, the respective successors acrd assigns of Lender and Horrower,
<br />sub}eM-to the provisions of paragraph 17 hereof. All c+•4~rnants and agreements of Borrower she!! be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only amt are not to be used to
<br />interpret or de.5ne the provisions hereof.
<br />14. Notke. Except for any notice required under appbrabtc law to be given itt another manner, [al any notice ta+
<br />Borrower provided for in this Deed of Trust she!! he given l±y mailing such notice [sy certified root( addrssse+l ro Bor<ewer at
<br />the Property Address or at such other address as Borrower may designate by notice m Leader as provedcd herein, and
<br />(b) any notice to Lender shall be given by certified mail. return receipt requested, to Lender's address stated herein er to
<br />such other address as Lender may designate by notice to Borrowec as provided herein. Any nWece provided for in this
<br />Deed of Trttst shall bt deemed to have been given to Borrower or Lerxter when gtvtn to the manner designated herein.
<br />15. Uniform I)rtrd of Trusf; Governing taw; SeverabBFty, Th+s form of deed of tern[ combines umfot•m covenants Inc
<br />nations) use and non-uniform covenants with limited variations by prrisdiction to constitute a uniform security insuument
<br />covering teal property. This Deed of Trust shall be gvverned by the iaw• of the iunsdictivn in which the Propene n Ic+caterl.
<br />to the event that any provision or dattse of this Deed of Trost or the Note conflicts Berth applicable law, inch caniLet shah
<br />not affect other provisions of this Deed of Trust or the Note which can ha given cdeci w•uhout the cond+ctin}t pmatsiott.
<br />and to this end the provisions of the Deed of Trust and the Note err declared 0.+ be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed cope of the Note amf of this Died of Trust at the time
<br />of execution or after recordation hereof.
<br />17, Ttaoafer of the Property; Assumption. if all t+r any part of the Prapert}~ i r an interest there+n +s sold nr transferred
<br />by Borrower without Lender's prix: written consent, excluding +at the creation of a lien er encumbrance suhardinatr to
<br />this Dead of Trust, (b) the creation of a purchase money security interest for household appliances. ; ~ } a translcr by devise,
<br />descent or by operation of law upon the death of a jvint tenant ar
<br />- Lender may, at Lender's option, declare ,sil the sums srcurrsi by then [}red t Trust to lx
<br />immediately due and payable. Lender shalt have waived such option to acceleratz if, prior to the ,ale or transfer, Lender
<br />and the person to whom the Froperty is io 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 secured by this Deed of Trust sha@ ix at such rate a+
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17-and if Barmwer~s successor
<br />in interest has executed a written assump[ivn agrerntent secrpted in writing h} lender, l.zndcr shall release Borrower tmm
<br />alt obligations under this Deed of Trust and the No[e. _ ,,~, ~~ .
<br />If Lender exercises such option tv acceieratr, Lender shah neari Borrtmcr natter of as:eeierauog,tn_:~C th
<br />paragraph 14 hereof. Such notice shall provide a period of nru less than 3u da}, from the datedhaz-ttoli>~gts- ` 'it in
<br />which Borrower may pay the sums declared due. if Borrower Lot; ti+ pa. >uch suns prior eo ilia ezpsra d,
<br />Lender may, without further notice or demand on Borrower, invoke sot rcmedtcs permitteS h~'~r5 -
<br />Noe+-UNteuatd CovtaNenrs. Borrower and Linder further covenant and agree as tcatlows:
<br />18. Acceleration; Remedies. Except as provided in paragraph f7 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in rho Deed of Trust, including the covenants to pay when due any Burns secured by this Deed
<br />of Trust, Lender prior to acceleration shall malt notice to Horrower as prosided in paragraph !4 hereof speciF}•ing: (11 the
<br />breach; (2) the action required to cure sorb breach; (31 a dace, nol less than 30 days From the date the notice o mailed to
<br />Borrower, by which-such breach mint be cured; and (4) that failure M cure such breach un or before the date-specified
<br />in Ebt notlee may result in acceleratbn of the soots secured by rho lleed of Trusl and sale of the Properly. The notice
<br />shall further.inform-Borrower of the right to reirtstate after acceleration and the right W bring a court action to asseA
<br />the non-existence of a defaolt or any other deFense of Borrower to acceleration and sale. if the breach is not cured
<br />on or before the date specified in the notice, Lender at tender's option may declare alt of the sums secured by rho Deed
<br />of Trust to bt immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />parmitfed by applicable law. (.ender shall be entitled to collect alt reasvnable costs and expenses incurred in pursuing the
<br />remadio provided in this paragraph iS, inNuding, but nut limited to, reasonable attorney's- fees.
<br /># the power of sale is invoked, Ttwtee sha8 record a notice of default in each county in which [he Property or some
<br />part thereof islorated and shah maB copies of sus:h notice in the manner prescribed by applicable taw to Horrower and to the
<br />ether persou.presrribed by appBrable taw. After the [apse of such time as may be required by applicable law, Trustee shalt
<br />rt pa68e aoEFre of sate to the persons and in the manner prescribed by applicable-law, 'trustee, without demand on
<br />ty shall seB the Property at public audivn to the highest bidder at the time and place and under the terms designated
<br />in the aWlct of Bak In one or more parcels and in such orderrs Tnrxtee may determine. Trustee may postpone Bait of aH
<br />or tiny putt) of the Properly by puW[c announcement at the time and place of any previously scheduled sate. Lender or
<br />ttndafa designer may pnrclrase the Pro rty a1 any sale.
<br />xet~ ~ p.:zattai ~ ibt hid, Tim-Etz shelf deliver to the pmehaszr Trustee's dzed conveying tbz PropzHy°
<br />ttid. ~trtt4lsds Flt t!e Trtr>Ree's dead sttaA rte prima tack evidence of the Truth of the sEatamenES made !herein: Trasteo
<br />titaflsp~~Ity Ilea pr of the sale la the Folbwlp~ order: gyp) to alt reasooabk costs and txpeases of the sale, including, but
<br />sM IMlsllad tea ~s fees of n~ nsrrre titan a./ L O 1: 7. `"e of the gross salt prier, reasonable attorney's fees and pmts vt
<br />~rq [1N to aft stews sawrettl by tmia Thad of Trutt; and ir) the excess, if any. to the person or persons IegaBy entitled
<br />l~: larrowar9 to ffeisMigt, `tiot++ittss~ndmg lAUder's acceleration of thz sums secured hF ,t-~. Decd of Tryst.
<br />B4+ttrotr shalt beet ftfst~ reEht to have s*:; prerserdevgs begut+ hs Ixnder tc: enforce t!;is Decd sd -1 .,_ca,^t;nuad a[
<br />I~t ~a~ 3tr tba ewrtKr 6rt sx^cur of tt} t}x fifth dap before tsu wale ri'thr Prol>,:eft i'rursuant to the .*.+„ ~ ~,atr contained
<br />.s flissd;,/'frsnt or t,it tote( •d a pe r,c x+ nfc+tLing this IScr,fi .+i 7rr.,vt ,f' ?af Borrower pays I ender :' s , u hi.[r urn+ld
<br />Lti¢H+er+ ~e tvr[du!'Fro fhsd' ~~! fen<r '~::+, _~~ nett. w_a~ ~"nro(t f"utatu Ad:atz~~.a. r9 :r coy. tail oar dU:aluetwn .>varrrdd:
<br />er Nv+~-art+ .are. etS brew r+a, a,t . ,~.~t.cs e~«nents xst ,+grretoc rein of !Star++'~cr ,. +u7tats+c6 es=, thi. Uc<d .,` 77u+t:
<br />.-Yk:==,~~rrr t>ir. .`: res.. ,~ytw ••pRr3i[• ... r.s n, lcr++,°se! anJ "fr,. « r.~rt ,s;...~'t=c '~c•aa.att~-r arsd .r~si'tinu.-s:~ .r!
<br />(Y,rr....~ .. y, Ire.,[ =;[ t~ .. ~ ., ,~ r Sr, ,i. .. t ,. ~'+~~ „yt~1 -. ,~,:erage at*h r~
<br />yCr! . - --=~Y mot, ., _-."~ . ti. .. r Fw ..,...:-s ~ ? -- - c rz+at r+ ~ r.e }:E..
<br />r,p~.... ~1. ..N. Tq.. LM. ,-. ,W tb., I. .:~ - ., 3 } 4`~ .. it+. .. wt'( ifFt{;'.ia,. 1;,
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