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<br /> 9. CON&Isioa adieu, The proceeds of any award or claim for damages, direct or cossrrgttcadal, in connettkin with arty.
<br /> condemnation or other takiag of the Property. Or port thereof, or for eonvtr roe in lieu of ooodernnstson. arc hereby assigned
<br /> and %WI be paid to Lender.
<br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums SM'"red by this teed of Trust,
<br /> with the excess. if any. paid to Borrower. In the event of a partial taking of the PI ups ~t~=1!r and Lender
<br /> otixrwise agree in writin& there shall be applied; to the wins secured by this Deed of Trust fetch proportion ,i the proceeds
<br /> as is equal to that proportion which the amount of the same secured by this Deed of Trust immediately prxr 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 rettle 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 Lender and ltlorrower otherwise agree in writing. any such application of proceeds to principal shall not extend
<br /> or psstpone the due date of the monthly installments referred to in paragraphs 1 and 2 Ferro or change the amount of
<br /> such instalments:
<br /> 18. Borrower Not Rekaseil., Extension of the time for 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 amortization of the sums
<br /> secured by ;hiss Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br /> 11. Forbearance by Leader Not a Waiver. 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 prelude 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 feed of Trust.
<br /> ti Remedies Coo"dsthve. All remedies provided in this Deed of Trust arc 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 co scurrently, independently or
<br /> successively.
<br /> 13. Successors and Assigns Bound; Joint and Sevd:rttl Liability; Captions. 'C'ite covenants and agreements herein
<br /> contained shall bind, and the rights hereunder shall inure to, the respective.successorn 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 and 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 to this Deed of Trust shall be 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 by nonce to Lender as provided herein, anJ
<br /> (b) any notice to Leaden shall be given by certified mail, return receipt requested, to Lenders address stated herein or to
<br /> such other address as Wuler may designate by notice to Borrower as provided herein. Any rotice provided for in this
<br /> Deed of Trust shall be ddxmed to have been given to Borrower or Lender when given in the manner deiignated herein.
<br /> 1S. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br /> national nrsc and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br /> covering mab property. This Deed of it rust shall be governed by the law of the jurisdiction in which the Property k 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 be ven effect without the conflicting proi-ision.
<br /> and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br /> 16. Borrowers Copy. Borrower shall be furnished a conformed ccpy.of the Note and of this Deed of Trust at the time
<br /> of execution or after recordation hereof.
<br /> 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br /> by Borrower without Leaders prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br /> this Deed of Trust. (b) the creation of a purchase moncy security interest for household appliances. (c) a transfer by devise,
<br /> descent or by operation of law upon the death of a joint tenant or (d) the groa4 rr any leasehold interest of three rears or less
<br /> not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Decd of Trust to be
<br /> immediately due and payable. Lender shall have waived such option to accelerate if, 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 suc!i person
<br /> is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trusl shall be at such rat" as
<br /> Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, ;And if Borrc=cr's successor
<br /> in interest has executed a written assumption agreement accepted in writing by Lender. Lender iuti release Borrower from
<br /> all obliSations under this Deed of Trust and the (dote.
<br /> If Lender exercises such option to accelerate. Lender shali mail Borrower notice of acceleration in accordance with
<br /> paragraph 14 hereof. Such notice shall provide a period of not less than 30 days 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 p ragraph I I hereof.
<br /> NON-UNIFORM COVENANTS- Borrower and lx_rxter further covenant and agree as follows:
<br /> lit. Acceleration; Remedies. F--cep( as prcvided is paragraph 17 bereof. open Borrower's breacb of any cosecant or
<br /> agreement of Borrower In this Deed of Trust, indading the covenants to pas when der airy sums secured by this Med
<br /> Of Trust, Lender prior to acceleration Shalt mail notice to Borrower as provided in par>,~aph 14 hereof specifying: (1) the
<br /> isreach; (2) the action required to cure such brtacb; (3) a date. not less than 30 days frog: the date /ice rwtice is mailed to
<br /> Borrower, by which such breach mast be cured, mid (4) that failure go cure sueb breach on or before Ili, date specified
<br /> in the notice may rMult in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice
<br /> sbalf farther luf. -.s Borrower of the right to reinstate after acceleration and the right to brag a corm editor to assert
<br /> the son-existent of a default or say other defense of Renower 10 acceleration and sale. If the breach is not cured
<br /> on or before the date specified in the notice. Leader al LtOdtes option play declare all of the sums secured by this Deed
<br /> of Trust to be immediately due and payabt{c wittwatt further demaard and may invoke the power of sale and any other remedies
<br /> permitted by applkabk law. Leader shalt he entitled to collect all reasonable casts and erperbes incurred In pursuiog the
<br /> remedies provided In t k paragrapb 19, inelrtditq;. boat nol limited to, reasonable anar"eys fee.
<br /> If the power of sale is invoked, Trustee shalt record a notice of default in each cufauty is which the Property or some
<br /> part tbereof Is located and shalt mail copes of side notice is the manner prescribed by applicable law to Borrower and to the
<br /> other persons Wsctibed by trppdicabk bow. After the lapse of such time as may be required by appUcabc law, Trustee shalt
<br /> give public notice of sale to the persons sad In flee tanner prescribed by applicable law. Trustm without demand on
<br /> B-mvrer. sbaA sell the Property st public aretuwr to the highest bidder at the glare and place and under the terms dedigaated.
<br /> ha the notice of sale In ore or aaare~ parcels; ;tad is =cb order as Trustee may detersabae. Trustee may postpone sac of a1)
<br /> or my parcel of the Property by assoascement at the Hme and place of my previously scbedrded safe. Lender or
<br /> Leudees desigwec BUY pun*e the Piroperly say ode.
<br /> U" receipt of payment of theprice bK art Trustee shad deliver to the purchaser Trustee-s deed coYveyhVe life property
<br /> sold: The reck is' the Trwtee s deed AM be prises (twit evidence of the firth ref the alMemewts made therein Trustee
<br /> shall aliply the proceeds of the sale IN the Wevitig ender: (a) to as rear,e,rr6I eonts and expenses of the sale, hoclydiaR. bat
<br /> not limited to. Trustees fees of sort mare of am groan tale price, masaa►a6lr attorneys ices Rai roses of
<br /> title eeidesdcr, (b) to tta Sragtt5 secured by dds Deed of Trust: and (c) the drxcemk R awy. to the persos err persons legally entitled
<br /> tbrereso.
<br /> 19. Borrowers 1Rigb: to Reiastme- Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br /> Borrower shall have the dgbt to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br /> any time prior to the earlier to Occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br /> in this Deed of Trust or (ii) entry a a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which wcxdd
<br /> be then due under this Deed Of Trust, the rim apd mites sccurinz Future Adrarrees, if any. had no accc4 ation occurred-
<br /> (b) 84xrc-*cr cures all bra+chm of any Other covenants or agreements of 130"ower contained in this Deed of Trust:
<br /> (c) Barrdnr^er paY% all reasosrrabie e<penses incurred by Lender and Trustee in enforcing the covenants and agreements of .
<br /> Bomm%er contained in this bleed of Trust and in enfofciiarg Lenders and Trustee's ^ern:dies as provided in paragraph I4
<br /> hereof, including. but roc limited to. reasonable 1110iney's fees; and (d) Borrower takei: such action as Lender may reasonably
<br /> rcquirr to assure that the lien of this Deed of Trust. Lender's interest in the property and Borrower's c-bligarion It, pay
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