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<br />9. Condemnation. The prxeeds of any award or claim for damages, direct or consequential, 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 Lender.
<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 shall he applied to the sums secured by this Deed of Trust such proportion of the prxeeds
<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 prnr to the date of taking, with the balance of the prxeeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice b}• Lender to Borrower that the condemnor offers to make
<br />art 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 />Prvperty or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower athercvise agree in writing, any such application of prxeeds 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 />16. Borrower Not Released. 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 liabiiiiy of the original Borrower and Borrower's successors in interest. Lender shall Hat 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 this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />I1. Forbearance by [xrtder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, nr
<br />otherwise afforded by app(icsbte law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />The prxutement 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 Deed of Trust.
<br />12. Remedies Cumulative. A!1 remedies provided in this Deed of Trust are distinct and cumulative [o any other right
<br />or remedy under this Deed of Trust or afforded by law or equity. and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Boeod; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to. [he respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. Ali covenants and agreements of Borrower shat! be joint and several.
<br />The captions and Seadings of the paragraphs of this Deed of Trust are for com•enience only and are not to he used to
<br />imerprei or define the provisiots hereof.
<br />iv. Noose. Cxcept for any notice required under applicable law to be given in another manner. (at any notice to
<br />Borrower provided for in this Deed of Trust shall be giy,;n 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 notice to Lender as provided herein, and
<br />(b) any rrotice to Lertder shall be given by certified mail, return receipt requested, to Lender's address stated herein or m
<br />such other address as Linder may designate by notice to Bcrrower as provided herein. Any notice provided for in this
<br />Deed of Trtrst shall bt deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of 'frash, Governing Law; SevetabBity. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with iimlted variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Properyy is Ixated.
<br />[n the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />no[ affect otl>er provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to iltis epd the provisions of the Deed of Trust and the Note are declared ro be severable.
<br />16. 15s[rosrtr's Copy. Borrower shall be furnished a conformed copy of the :Vote and of [his Deed of Trust at the time
<br />of execntioa ar after recordation hereof.
<br />17. Trmtsftt of rite Ptoptttp; Assampooa If aH or am' part of the Property or an interest therein is sold or transfened
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, {b) tbe creation of a purchase money security interest fvr 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 leasehcld interest of three years ar less
<br />not containing an option to purchase, Lender mac, at Lender's option, declare all the sums secured he this Deed of Trust to be
<br />immediately d.ie and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the puson to whim the Property is to be sold or transferred reach agreement in writing [}tat the credit of such person
<br />is satisfactory to Le.^der and that the interest payable on tire, sums secured by this Deed of Yrust shall be at such rate as
<br />Lender shall regtxst. If Lender has waived the option to accelerate provided in this paragraph 17, and if 13arrower's successor
<br />in intetxst has exixuted a written aswmption agreement accepted in writing by Lender, Lender shall reieax Borrower from
<br />ail obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, i_ender shall mail Borrower notice of aceeleration in accordance with
<br />paragraph 14 hereof. Stich notice shall provide a period of not less than 30 da}s from the date the notice is mailed within
<br />which Borrower may pay the sums dedared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender rnay, without further notice er demand an Burrower, invoke any remedies permitted by paragraph :8 hereof.
<br />Note-U*tFOaxt Cai'EMANTS. Borrower and Lender further rnvenant and agree as follaws_
<br />18. Aece)entitca Remedies. Fsttpt ~ provided fn paragraph 17 hereof, itpoe Borrowers brescb of any covenant or
<br />agteemeat of Borrower fe ties Deed of Trasl, including the covenants to pay when dire say sums snored by this Decd
<br />of Trust, Leadtt prior to actelrratioa sha8 snail notice to Borrower as provided fo paragrapb 1. hereof specifying: (i) the
<br />breach: {2- ~e aetian retuired to cure sash breach; (3) a dart, aoi less titan 30 days from the date tlx notke la mailed to
<br />Borrower, by which secb Meae6 Host be cared; aad (4) chat failure to cure such breach oa a before the date specified
<br />is the notke may resdt ~ acccleratioe of the Sams snored by this Decd of Trtt~ and sale of the Property. The nWiee
<br />sbaH frrthv ®fotm Borrowtt of drc right to rmesta[e tfter acceleration aad the right to brittg a court action to ~rt
<br />the nut:-es~leaee of a defimit or asy Whir drftnsr o€ Borrower to acttleratian a~ salt. tf tits 6teacl[ ~ not cured
<br />eta ttt hefar'e the date specked its rice notice, Leader a! fender's option may declare aB of the wins sntued by this Deed
<br />of Tt•,st M be imaxdiately doe and payable without further demand sad gray invoice the power of sate and any Wher remedies
<br />permitted !ry appl$eabLt Inn. Leader shag be entitled to collect all rergnmbk costs sod eapeases iocerrrd m persuittg the
<br />tersedits ptevided is the pragrtyth 18, iacladtng, bin Hat fim6ed to, reasoasbte attorney's fees.
<br />if the power of sale is iavofced, Trustee sfisB second a notice of default in each cooaty ie which the Property or some
<br />pre thereof is iacated and shatl maij copies of such notice is the imnner prescribed by appt+eable law to Harrower and to the
<br />other !ns®m ptescrt'btd by law. After the of sath time as max' be retlelred by applicable law. Trustee shaft
<br />give ( aa#ee of sale b the ptrsoes and in the manner prescr~ed 6y applicable taw. Tresiee, without dtrnand ors
<br />Borrower, ahaY se9 the f'repeRy at pnt#ic aactias to tfte higkst bidder at the Gore and place sod coder the terms d~gnated
<br />is the aetice of sale is eee or strove parrots sad ie soh order as 3rusYee may deterrafne. Trusts may postpone sale of dl
<br />or aY 1~ ~ fhe ' h7 !'mac ~~~~ at the torte and pLce of any previortsly scttedetled safe. ixader or
<br />[.tsder's saay lwrelrase the Prope:tr at any sate.
<br />Upss of imy"_-' s€ ~e ~ ~. Tree >hali dra9ver to the ptarcita~er Trastee-s deed canreyirtg the property.
<br />ea1d. The redtals ~ else Treraee's iced shah let prima facie evidtace of the IrWh of the statcmeata made therein. Trustee
<br />ah•II apply the proree~ of ore sale a the toffswe~ a~er• {a) M aB reasoeahle casts lord etcpemes of the sale. tarfuditrg. but
<br />eat litdtei ter. Trratttec4 fees of sot mere the . ~.(1f~ . _ k of the grow sale prier, reasonable attorney's fees and costs of
<br />tkk erideae[e; (W ~ aH sass seamed by rib Deed of True; and (ef the eacesa, ff say. to the perms or pctsoas legally entitled
<br />Eha~
<br />14. Botaowee'a ~ ~ Btyrf~e. Natwithstandaag Leader's acceleration of the sums secured by this Deed of Trust,
<br />!~•rower shall bars ilte tight Efl have any prfle.,,--dings begun by Letsder to enforce this Dew of Tntst discontinued at
<br />any time price' to the tallier to otter of ()the fifth day before tht sale of the Property pursuant to the power of sale contained
<br />is this Died of Trnu or {ii) entry of a jedgrristet utforang this Dad of Trust if: (a) Borrower pays Lender all sums which would
<br />be thin due render this Decd of Trust, Ilse Nutt aid notes recuring Future Advartces, it any, had no acceleration xcurred:
<br />{bi Borrower cures cell breaches of err; other covenants or agreements of Borrower contained in this Deed of Tnst;
<br />(c? Borrower pays aN reasonable expt:aaes itxuxred by I-ender and Trustee in enforcing [ht covenants and agreements of
<br />Borrower etmfairted in this Dead M Trust and in enforcing Lender's and Trustar.'s remedies as provided in paragraph 18
<br />hereof, itrcltdiag, 6ui ntM limited to, reasonable attorney's fea; and id) Borrower takes such action as Lender may reasonably
<br />require to a~tm that the lien of this Dned of Trtxt, Lender's interest in the Property and Borrowrr's obligation to pay
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