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<br />4. Condemnation. "fhe proceeds of any award o+ .!afro (pr damages. direct or consequentiah in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Ixnder.
<br />in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Dced of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the i'roperty, unless Borrower and Lender
<br />otherwise agree in writing, there shall he applied to the sums secured by this Dced of Trust such proportion of the proceeds
<br />as is equal to [hat proportion which the amount n( the sums secured by this Deed of Trust immediate!}' 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, nr if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower tails 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 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 />]0. Borrower Not Released. Extension of the time for paym~~t or modification of amortization of the xums secured
<br />by this Deed of Trust granted by 1_ender to any seccessor in interest of Borrower shall not npe rate to release, in any manner,
<br />the liability of 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 for payment 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 />1 t. Forbearance by Ixnder Not a ~i'airer. Am' 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 or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Decd of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Tntst arc distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded b}' law ar equity, and may he 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 covenants 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 a^d are not to he 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 In Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) an}• notice to Lender shall be given by certified mail. return receipt requested, io Lenders 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 />I5. Uniform Ueed of Trash, Governing Law: Severabiiity. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform sewn K• instrument
<br />covering real property. This Deed of Trust shall be govtroed 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 he given effect without the conflicting provison.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to he severable.
<br />16:~Bht-rower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Dced of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumpfion. If all or any part of the Property ur an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trtui, (h) the creation of a purchase money security' interest (or household appliances, (c) 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 nt Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, bender
<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 nn the sums secured by this Deed of Trust shall br at such rate as
<br />Lender shall request. If Ixnder has waived the option to accelerate provided in this paragraph 17, and i(Borrower~s sr-cessor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice n( acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 dav_ s from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 13 hereof.
<br />NON-UNIFORM Cnvt:NANrs. BnrrnWer and La`ndef further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in thu Ueed of '1'rtul, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, !,ender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specffying: (1) the
<br />breach; (2) the action reyuired to cure such breach; (3) a date, not less than 30 days tram the date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured b}' this Deed of 'Trust and sale of the Property. 'i7ee notice
<br />shall fudber inform Borrower of the right to reinstate after acceleration and [he rq;h! to bring a court action to assert
<br />[he non-existence of a default m any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on ur before the date specified in the notice, Ixnder at lxnders option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />pernitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shag record a rtotice of default in each county in which the Property or some
<br />part thereof is located and shalt mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such lime as may be required by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed Dy applicable law. Trustee, without demand on
<br />Borrower, shall sell fhe Properly at public auction to the highest bidder at the time and place and under the terms designated
<br />in fhe notice uF sale in one or more parcels and in such order as Trnstee may determine. Trustee may postpone sale of all
<br />or any parcel of the Properly by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Ixnder's designee may purchase the Properir at soy sale.
<br />Upon receipt of payment of the price bid, Trustee shag deliver fo the purchaser Trustee's deed conveying the Property'
<br />sold. The recital in the Trustee's deed shall be prima facie evidence of the truth of the ststemenfs made therein. Trustee
<br />shall apply the proceeds of the sale in the following order. (a) to a!1 reasonable costs and expenses of the sale, including, but
<br />not limited to, Trustee's fees of not more than _ p5 _ % of the gross sale price, reasonable attorney's fees and costs of
<br />tills evidence; (b) to all sums secured by this Deed ui'Tnast; and (cl the excess, if any, fu the person or persons legally entitled
<br />thereto.
<br />19. Borrower's Right tp Reinstate. Notwithstanding Lemler's accelcratipn of the sums secured by this Decd n( '!'rust.
<br />Borrower shall have the right to have any procca:Jings begun by Lender tp enforce this Dced of "1 .,~.~ Jucontinucd at
<br />any time prior to the earlier in ocaa of (i) the fifth day before the sale of the Yn+perty pursuant to the ho. . -sic contemal
<br />in this Decd of Trust nr (ii) entry of a judgment rn(oa~ing this Ihed of Trust if: tut Borrower pays t endr..f. .•:, which would
<br />he then due under this Dced of Trust, the Note and notes stoning Future Advaucts, if any, hoJ no :,c. clrranoit .rccun'cd-.
<br />(h) Bprruwer cures cell breachu nl any other covenants or =agreements ul Iorrower tuntaincd ++t tbs i}eed of 'frog;
<br />(cj Bprruwer pays all reasonable expenses incurred by {ender :utd !'roster in enforce ng the covenants .uxi ^grcrmenis of
<br />Burrower contained in this Decd of Trust and in enforcing Lender's anal 'fantec's remedies as pruv+4ed ro paragraph f R
<br />hereof, inchiding, but nc, limited to, re:esunaMe attorney's tree; ,,nd (d) I}oreowcr take; meh actions 1 ender rosy nasamebh
<br />require; U' assure that the lien of this Decd of 7ipsi. Lender's mtcrr-,t m -!~c Prupcr9} and Ra~reau c+'-s ohhgaliun u+ pn}
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