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<br />9. Condemnation. The proceeds 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 Properiy, the proceeds shall be anplied 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 procceds
<br />as is equal to that proportion which the amount of [he sums secured by this Deed of Trust immediately prior to the date of
<br />taking hears to [he f9ir market value of the Property immediately prior to the date of taking, with the balance of tine 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 tc 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 />Properi}' 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 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 />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Tntst granted by L coder 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 shat( 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 Ttvst by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />I1. Forbearance by Lender Not a Waives 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 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 steal. not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured h}' this Deed of Trust.
<br />t2. Remedies Cumulative. A[I remedies provided in th!s Deed cf Trust are distinct and cumulative to env 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 Bound; Jofnt and Several Liabiliq•; Captioru. The covenants and agreements herein
<br />contained shall bind, soil the rights hereunder shall inure to, the respective successors and assigrss of Lender and Borrower.
<br />subject to the provisions of paragraph t7 hereol. A!1 covenants ;rod agreements of Borrower shall be loin[ and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for cenyeniencr only and are not to he used to
<br />interpret or define the provisions hereof.
<br />10. Notice- Except for any notice regwred under appiteabie taw to be _•iven ~n another manner. tai any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such nouee by cerufied mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by nouee to f.endcr as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, rerun, receipt requested. [c Lender's address stated herein or to
<br />such other address as Lender may designate by nonce to Borrower as provided herein. any Honer provided for in this
<br />Deed of Trust shall be deemed to have been green to Borrower or Lender when given m the manner designated herein.
<br />15. Uniform Decd of Trust; Governing Law; Sererahility. Thn form of deed of tout combines umfotrrt covenants for
<br />national use and non-uniform covenants with limited vananons M- lurisdicuon to constitute a uniform srcuritc instrument
<br />covering real property. This Deed of Trust sha;l he governed h~~ the law of the jurisdiction m which the Property +s locared.
<br />[n the event that any provision or clause of this Deed of Trust ~or the Note conflicts wnh applicable Eaw, wch conflict shall
<br />not affect other provisiotu of this Deed of Trust or the Nete whsh can he given effect without the cnnfiicnng provision.
<br />and to this end the provisions of the Deed of Trust and the Note err declared to be severable.
<br />16. Borrower's Copy. Borrower shall he furnished a mnformet: ropy of the Note and of this Deed of Trust :a the time
<br />of execmion or after recordation hereof.
<br />1'. Transfer of the Property: Assumption. if al! or any par of the Proocrty or an inrerest therein is sold nr !ransferred
<br />by Borrower without Leoder's prior written consent. excluding (a) the creation of a flea or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest fc-household appliances, ! c f a transfer by devise.
<br />descent or b} operation of law upon the death of a joint tenant or
<br />Lender may ai Lender's option, declare ail the Burns secured by this Derd of Trust ro he
<br />immediately due and payable. Lender shaA have waived such opuon to aeceieratei~ 1h~t„tetra "er. Lender
<br />and the person to wham the Property is to he sold or transferred reach aereement ! dit o - ch peaon
<br />is safisfactorv to tender and chat the inrerest payable on the sums soured by thi ~ - rate as
<br />Lender shall request. 3f Lender has waned the option to accrlrraw provided in this n T, "an tf Borrower's successor
<br />in interest has executed a written assumption agreement accepted in wnnng by Lender, Lender shaA release Borrower from
<br />all obligauons under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender hail ma!. Borr.~w~er nonce n -.:celeration ,:t accordance wath
<br />paragraph i4 hereof. Such notice shall provide a peri.:,i at rot less than 30 da}s from the date the Hence ~, matted w•:thm
<br />which Borrower may pay the sums declared due. if Borrower fails to pa} such sums poor u, me eypirauor of such nenod.
<br />Lender may, wtfiout further nonce or demand on Barrowrr, ioyoke an} remedies permitted by paragraph ; i; hereof.
<br />',ton-Untnoaxa L'aytan+xrs. Borrower and Lender further covenant and agree as follows.
<br />IB. Accekratan; Remedies. Except a, provided in para¢raph IT hereof, upon Borrower's brcacit of any covenant nr
<br />agre:emeot of Borrower in this Deed of Trust, includin¢ the covenants to pay when due am sums secured b} this Deed
<br />of Trust, Lemur prior to accekntion shall maJ notice to Borrower as provided in para¢raph 14 hereof specifyin¢: I1) the
<br />breach: !2) the action required to cure such breach: (3) a date, not less than 3U days frmn the date the notice is mailed fu
<br />Borrower, by which such breach must be cured; and 141 that failure to tyre such lercac6 nn or before the date specified
<br />in the notice may result in accekra6on of the sums secured by this Deed of 'Trust and sale ni the Property. The notice
<br />shill further iniorm Borrower of the right [o reimtate after acceleration and the right to brin¢ a court action In :user[
<br />rite two-exigence of a defauh ter one athrr defense of Borrower rn acct{oration and sale. If the breach is not cured
<br />0o ar before the dale specified in ihr notice, lxndrr al l,emlet's option mar dectarr ail of the sums secured by this Deed
<br />of Trust to tee immediately due and payable without further demand and may insake the power of safe and aoy other remedies
<br />prrntflfed by applkable law. Lender shag be entitled to collect ail reawnaWe costs and expenses incurred in pursuin¢ the
<br />rent[dies provided in this paragraph t8. includirt¢, but not limited tn. reasonable anomey's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which She Property or some
<br />part thereof is located and shill mail copies of such notice in the manner prescribed M' applicably iaw• to Borrower and to the
<br />other persows prescribed by applicabk law. After the lapse of such finer as may he reyaved by applicable law, 'Truster shalt
<br />pjve public twtice of sale to the persons amd in the manner prescribed by applicable law. Trustee, without demand nn
<br />Borrower, shad sell the Property at public auction to the hi¢hest bidder at the time and piacr and under the terms designated
<br />in the notice of Bak in orte or more parcek and in such order as Truutee may determine. Trustee ma} postpone sale of ;ell
<br />or nay parcel of the Property by public announcement at the time nod piacr ni any previously scheduled sate. Lender or
<br />fender's designee may purchase the Property of any sale.
<br />Upon receipt of payment of the prier bid, Trustee shat) delitrr to the purchaser Trustee's dyed cortve} in¢ the Yroperiv
<br />so W. The recilaLs in the Trustee's deed shah be prima facie rvidencr of the truth of the xtatements made therein. Trustee
<br />shah apply the proceeds of the Bak in Ihr folbwi gg order: iia) to all rexsoaable costs and expenses of [he sate, indudin¢, but
<br />not Ifwaled to, Trustee's Fees of trot more Ihan i~l Oi 1 `~ nF She dross sale prier, reasonable attorney's fern and costs of
<br />lick evidence; fb) to all sums Berated by this IYced of Tnuh and (N the excess, if any, to Ghe person oc persons le¢ally entitled
<br />thereto.
<br />19. Borrower's Rif,•hl lu Reinstate. Notw+thstanding Lenders acceleraton of the ,um, secured by !ten t)c cd of Tru,!.
<br />Borrower shall have the right to have any proceedings begun bq Lender ro enforce :h!, Dee,.I ~+t lru,! :Lsconu m,ed at
<br />any time prior ro the earlier to occur of (,) the fifth day before the sale of the Property purn!.utt t:' the p,.wer +~f „de cnnta:nr•d
<br />in this Derd of Trust or (ii) entry of a lodgment enforcing this Decd of True ,f- la) 8ormwet pa:'. 1 ender .+li soon wM!eh „uuiJ
<br />be then due tinder this Deed of Trust, the Vote and notes secunng Future :1d,ance,. .l .:n:. had nn excler.,non aecurrrJ.
<br />{b) Borrower cures all breaches of any other covenanty or agreements nl Bar roe rr cnntamed m ;ten Deed nt Tru,t.
<br />(ct Borrower pays ail reasonable expenses incurred by tender :rod Tnrctrc m col nrc:ne the .+,renanh and .:grmtaeru, .,
<br />Borrower eontamed in this Deed cif Trust and in cn(orcing Isnde r', ,:red T ~ u-.ter', +rtnedics :+~, pro,~ided .n par,grq~n I ~4
<br />hereof. including, tent not limited to. reasonable aitorneV'> fee,; end lilt Bornreer lake, ,uch acuan :,, t coder man ra:~„Hotel';
<br />regwrc to assure that the lien of this Dead of "17ns{• 1 ender', imerc,t .e ihr Ynr>`<nv t,nd Borne, rr, ot+hgau..n n. p.,,
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