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<br />9. Condemnation. 'fhe proceeds of any award nr claim for damages, direct nr consequential, in connection with any
<br />condemnation or other taking o[ the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shalt be paid to Lender.
<br />In the event of a total taking of the Property, the prixeeds 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 t_endtr
<br />otherwise agree in writing, there shah he 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 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 Property 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 respond 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 Linder and Borrower otherwise agree in writing, any such application of proceeds to principal shalt 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 />t0. Borrower Not Released. Extension of 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 of Borrower shall 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 atortization 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 />11. Forbearance by Lender Not a Waiver. Any forbearance 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 exeroise of any such right or remedy.
<br />The procurement of insurance or the payment of razes or other liens or charges by Lender shall not fx a waiver of Lender's
<br />right to accelerate the maturity of the indehtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in [his Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively. -
<br />13. Successors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All wvenants and agreements of Borrower shall be joint and several.
<br />The 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. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or of such other address as Borrower may designate 6y notice to Lender as provided herein, and
<br />(b) any notice [o Lender shall be given by certified mail. return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uni[orm covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can 6c given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable. -
<br />16. Borrower'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 recur hereof.
<br />17. Transfer of the P rty; A~rrmptioae if all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender~ptirtrTwrit[en consent, excluding ta) the creation of a Tien or encumbrance subordinate to
<br />this Deed of Ttvst, (h) thetteeRiorrvf'a°pvrCt1:15C'rtttmey'aecurity interest for household appliances. (cj a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant 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 Trust to tie
<br />immediately due and payable. Lender shall haee waived such option to accelerate iL prior to the sale or transfer, Lender
<br />and the 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 tin the sums secured by this Decd of Trust shall be at such rate as
<br />Lender shalt request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement acceptcKl in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Nnte.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph l~ hereoL Such notice shat( provide a period of nut ic'ss than 70 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fats to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice ur demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Nori-UNiroant CoveNnnt-s. Borrower and Lander further covenant and agree as follows:
<br />Itl. Acceleration: Remedies. 'Except as provided in paragraph 17 hereof, upon Borrowe2s breach of any covenant or
<br />agreement of Borrower in the Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph t4 hereof specSyitrg: (t) the
<br />breach; t2) the action required to cure such breach; (3) a date, oat less than 30 days from the date the notice is mailed to
<br />Borrower, by which sorb breach must be cured; and i4) that failure to cure such breach on or before the date specified
<br />in fhe notice may resort in acceleraUan of the sums secured by this Deed of 'c'rust and salt of the Property. The notice
<br />shall further inform Borrower of the right to reiwtale after aeceleratioo and the right to bring a court action to assert
<br />the non-exisieace of a default ur any other defettse of Borrower to acceleration and sale. ff the breach is not cured
<br />an or before the date specified in the notice, [.ender at [xnder's option may declare all of the sums secured 6y this Deed
<br />of Trust to be immediately due and payable without further demand and may invoke the power of sate and any other remedies
<br />permitted by applicable taw, Lender shalt be entitled to collect all reasonable costs and ezperxsa incurred in pursuing the
<br />remedies provided io this paragraph I8, inclrtdi~, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a rtatice of default in each county in whidr the Propery or some
<br />part thereof a located and shag mail copies of such notice in the manner prescribed 6y applicable law to Borrower and to the
<br />Wber persoru prescribed by applicable law. Aker the lapse of such time as may be required by applicable law, 't'rustee shalt
<br />give public railee of safe to tIre persons amt to the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shah sett the Property at public auction to the highest fNdder at the lime and place and under the terms des~naled
<br />in the notice of salt in not or more parcek and in such order as Tmstee may determine. Trnslec may postpone sale of all
<br />or any parcel of the Property by public anrrouncemcnt at the time and piece of any previously scheduled sale. Lender or
<br />e.eader s designee troy purchase iht Properq~ at any sate.
<br />Upon receipt of payment of the price bid, Trustee shah deliver to the purchaser Trustee's deed conveying the Property
<br />said. T'ae rrcitaffi is the l'rsu3cr s deed steal! be prima facie evidence of the truth a€ the statements malt therein. "truster
<br />shag apply the proceeds of !lee sale in the foBawirrg order, tai to all rrasnnafrle costs and expetrses of fire sale, including, but
<br />not ilmGed to, Trtstee's fees of not mare than _ p5 "'~ of the gross sale price, reasonable :orney's fees and casts of
<br />tWe evidence; fb1 to aB soars secured by this Dad of Trwt; and (c) the excess, if any, to the person or perwns regally entitled
<br />t(trerela
<br />14. Borrower's Ri)Rhl to Iteiastale. Notwithstanding Ixnder's acceleration ul the sums secured Iry this D+:ed of i'nnt. f
<br />Borrower shall have the right to have any Ixc><rcdings hrguit by Lender to enforce this Died of Trr!st disconunucd at f
<br />any time prior in the earlier to Mx:eur of tiI the fifth day before the sale of the Property pursuant to the Pr~~cr of sxle urnt:uned
<br />in this t)tcd of 7ritsl ur (iiJ catty o(a +id);mcnl enforcing thiv CSttd o(9'nist d' la! Bnrrowvr pays I c~ ' snms s.-h~ch world
<br />Ere then dix tinder lion 17ced of Trust, the Note and nultii securing F~utu re Advances, if an}', hoes :: aeration orctrrred;
<br />(b) Horrawtr cures a!I brtaefies of any other cuvcnanes nr agrceartretx of I)nrrower axrtauted a ;hls i)eevi of fruv!:
<br />Ce) llorrnwer pays slr rrssernable evpcaves nvcurred by 1 coder anJ I7oslec in eoforerng the ca•enaut+ and agrren+rnrs ..t
<br />Horravxrer contaired in this L2eCd t>Y Trust and in enforcing 1 color i and Tr ester"s remcdu•. ,rc pr.avidecE ur para}raph f r
<br />nrrrdcf, imtud7tyt. but arses fimuea ta. tees-sunabtC attorney"s tees: auxi N.II Bnrrowcr takee sorb art+nn as i ender may rc:caoriai,ts
<br />rtvtuire w aaxurr that She tree of this Lhed of -frost, kcndet'± interest tie fhe !'rgpurts m~rd Barr. wcr'a oh{iM~L'~,u tc, ,=a,
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