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<br />9. Condemnation. The proceeds of any award or claim for dzmages, direct ar consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc htreby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust.
<br />wish [he excess, if any, paid to Borrower. 7n the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, Lhere shall be 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 [o the date of
<br />taking bears to the fair market value of the Property immediately prior to [he 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 Lender and Borrower otherwise agree ir. writing. any such application of proceeds m principal shall no[ extend
<br />or postpone the due date of the monthly installments referred to in paragraphs i and ?hereof or change the amount of
<br />such irtstailments.
<br />16. Borrower No[ Released. Extension of the time for payment or modification of amortization of the sums secured
<br />he• this Reed of Trust granted by Lender to any successor in interest ot` Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's succzsson in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time inr payment or otherwise modify amortization of the sums
<br />secured bs this Deed of Trust by reason of am' demand made by the original Borrower and Borrower's successors in interest.
<br />ll. ~Forftearance by Lender Not a Waiver. An}' forbearance by Lender in exercising env right or remedy hereunder, ar
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the eszrcise of any such right ar 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 be this Decd of Trust.
<br />12. Reaaedics Cumnlati~~e. All remedies provided in this Deed of Trust arz distinct and cumulative to any other right
<br />or reined}• under this Died of Trust or afforded by law or equity, and may be exercised concurrently, independently~or
<br />successively.
<br />13. Successors aced Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />wntained shall bind, and the rights hereunder shall inurz to, the respective successors and assigns of Lender and Borrower.
<br />subject to fire provisions of paragraph I i hereof. Ali rnvenants and agreements of Borrower shall be join[ and several.
<br />The captions aed headings of the paragraphs of [his Deed of Trust are for com'eniencz onh and are not ro be used to
<br />interpret or define the provisions hereof- -
<br />t4. Notice. Except for any notice required um.Ier apphcahlc law to be given m another manner. (a) any notice to
<br />Harrower provided for m this weed of -Trust shall ce given by malting such notice b}' certit3ed mail addressed to Harrower at
<br />the Property Address or a[ such other address as Borrower may designate by notice to L.endtr as provided herein, and
<br />(b) any notice to Lender shall be given b}• certified mail, return receipt reyuested, to Lender's address stated herein or to
<br />such other address az Lender may' designate by notice to Borrower as provided herein. Anv notice provided far in this
<br />Deed of Trust shall be deemed to have been given to Burr.+wzr or Lender whin given in the manner designated herein.
<br />i3. UnBor® Deed of Tract; Goretnittg Law; Severalrt7ih. This form of died of trust rnmbints unifo*m covenants for
<br />ttaeottat u~ and non-uniform rnvenanrs with Limited eariati ins 6y jurisdiction to constitute a uniform securit} instruncent
<br />wvetirig roof groper;'- 'This Deed of Tttrst shall l±t gacerntd h} the law nI thz jurisdiction in which the Prnpern is located.
<br />l^ the event that any provision or clause of this Died of Trust or the \ate conflicts with applicable law, such conflict shat!
<br />not afrect other provisions of this Reed of Trust or the tiate which can bz given effect without the conflicting provision,
<br />and to this end the provisions of thz Deed of Tr1152 and the Vote are declared to be severable.
<br />Ili. Borrowers Copy. Borrower shall ~. lurmshzd a amformtd copy of thz \ate and of this Ihed of Trust at the time
<br />of exetetiion or after recordation hereof.
<br />27. Tratniv of tfx Property; Assampfloa. If all ar ant part of the Property ar an interest therein is sold er transfzmed
<br />by Borrower without Lender's prior written consort, excluding ia) the creation of a Lien or encumbrance subordinate to
<br />the Deed of Tract, : b) the creation of a purchase money security intertsi for household apphances, i c) a iranster by devise.
<br />descent ar 6y operation of law upon the death of a joint truant or Y d) the grant of ant leasehold interest of three tears or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums szcurcd by this Died of Trust to be
<br />immediately due and payable. Lander 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 such person
<br />is satisfactory to Lander and that the interest payable an the sums secured b}' chi, Died of Tnrst shall be at such rate as
<br />Lertder shalt inquest }f Lender has waived the option to acceleratz provided in this paragraph ; 7. and if Borrower's successor
<br />in intraest has executed a written assumption agrexmem accepted in writing by Lender. Lender she.: release Borrower from
<br />all obligations under t}eis Deed of Trust aced the No[e_
<br />if Lender exercises such option fo accelerate. Lender shall mail Harrower naicY of acceleration in aceardanee with
<br />paragraph Id hereof. Such notice shall provide a period of pat less than 3tl days Irom the date the notice is mailed within
<br />whrch Borrower may pay the sums declared due. If Borrower fails to )r} ouch sums prior to the expiration of such period.
<br />Linder may, without further notice or demand . n Borrawtr, invokt an} remedies permitted by paragraph i S hereof.
<br />'.o?~-L'tit=oau L~ovt.v.~TS. Borrower ana Lender further covenant and agree as tollows:
<br />F8- Acrdrratio~ Reraedees. Eticrpt as pmsided in paragraph 17 hereof, upon Borrowers breach of any covraant or
<br />aRreemeat of Bartower io ills Drrd of Trust, iarfudietg tlx covenants to pa; when due arty sums secured by this Deed
<br />of Trrrst, fender prior to accekraiion shall msB notice to Borrower as provided in paragraph l4 hereof specifying: (1) tbt
<br />breaei: Ili the action regttircd to cam st[c6 breach; (3) a date, cwt foss than 30 days from the date the rwtice Ls tnaBed io
<br />Borrower, M which sorb isreaeh mtgt lie cared; road {41 that failure to ctrrc such breach on or before the date specified
<br />ie tie notice ma; result is ucderation of [be Mitts secured b; this Deed tat Trust and sale of ibe Property. The notice
<br />stall trotter ~ortn Borrower of t~ right to reiasta[e after arcekntioa aed the ritbt to bring a court action to >resert
<br />tie tqa-exbtewce of a defauk or an; other defer of BorroN'rr to aceekratian attd sale. if the breaths not cured
<br />ern esr 6dmr tie dstr specifed b for notice, Lender at txadrr's option nra; declare all of rice sums stcurrd by this [bed
<br />of Trr~i to be iraaaedialdy due aad psaabie wifbottt further demand sad tnsy involtr the power of sale aed nay other remedies
<br />perttaitkd by appfis>~k law. Leader shall be entitled to catiect a8 rcasonabi costs and extxases itacntred is pursuing the
<br />remedies provided in this paragraph 18, iactadirg. boa apt limited to, reasonable attoraev's fees.
<br />ff tie pawv of sale is eavoked, Trustee shag record a notice of default in esc6 cotmh in ti~hich the Property or some
<br />pazt fierraf is locmtd and shat! mail copies of such police m the msntxr prescr_bed br applicable law to Borrower and to the
<br />Drier paso~ preserilxd ~ appticsiie Few. Aber tie bpst aF such rive as may be regnirsd by appikahk law. Trustee .shaft
<br />give pnMrc twtkr taf side b the ptssoes and b for tesanrr prescribed 6; applicable law. Tr>BYtx, without demand on
<br />Eocrawer. sttaB se$ rite Property ~ paiGe auction to tie bighes2 bbdrr m tie time attd place aad wader air terms designated
<br />u tie ttaairt of sale is one or nwre parceFs sad in srxh order as Trustee Las drtertwioe. Tratsice may pcstpoat sate of art
<br />ar spy pared of tie Property i; paWic aarwnncement at tie sitar and pbre of ant previously scheduled sale. 1_endrr or
<br />Leader's detdBnee my parcbace fire Property at nay sale.
<br />i?pos receipt at ptyaeat of tie price lid, Trtaltx sha>2 denser to tie purchaser Trtster's deed aroayeying the Property
<br />si3d. 'iSe rtciFak b the Trtrrtee's deed sinfi ire priaas lark evideatt of the trmb of tie sufemrnts made therein. Trtsirt
<br />slat atppiy air ltroteeds nF tie sale V the toBn q~~cr. {a) to tdl reasonable costs aed erpemes of the sale, including, but
<br />na4 fits~d to, Trus&e : fan ~ apt asare t61m . UU ^T of tie gross sale price. reasaaabk mtorney's fees aed costs of
<br />lb) ha aB ~ settued by tits Geed r>f Trust; aed tc) tax excel B any. to Nor person or persons legally entitled
<br />14. anrrawers RiCbt fo / J~otw;thstanding Lendei s acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have the tight to have any procee;3ing-> begun by Lender io enforce this Deed of Trust discontinued at
<br />any tithe prior to the earlier m occur of lit rite €rfth day before the sale of the Property pursuant to the paver of sale cantaincd
<br />inlhs Deed of Trost or{ii) trury of a judgtrtent enforcing this Deed of Trust if: laf Harrower pays Lender al! sums which would
<br />be there due under this Deed of Trtest, [be Note and tortes securing Future Advances, if any, had no acceleration occurred:
<br />(b) Harrower tuns all breaches of any other covrnants or agreements of Harrower contained in this Died of Trutt:
<br />it) Borrower pays all reasonable expenses itecvrrtd by Lender and Trustee in enforcing zht covenants and agreements of
<br />Barrawer contained is this f3eed of Trent and in entorcing Lenders and Trustee's remedies as provided rn paragraph 1i+
<br />tt-_reaf. including, but not limited [o, reasonablee attorney's fees: and Ids Borrower takes such action as Lrnder may rea,onahl~
<br />require to assure that the lien of this Decd of Trust, Lender`s intertsi in the Property and Bc mower's obligation u+ pay
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