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<br />9. Con .cmnatiov. The proceeds of any award or clam for damages, direct or consequential, in connection with am
<br />condemnation or other taking of the Property, er part thereof, or £or conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to I~nder.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the solos secured by this Deed of Trust,
<br />with the excess, if any, paid tc Borrower. In the event of a partial taking of the Property, unless Bortower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the prorxds
<br />~s 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 prior to the dare of taking, with the balancz of the proceeds
<br />paid to Borsower.
<br />If the Property is abandoned by Borrower, or if, abet 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 3f) days after the date svch optics is
<br />rttailed, Lendee is authorized to collect and apply the proceeds, at Lender's apuon, either to restoration or repair of the
<br />Property or to the sums secured bg° this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall sot extend
<br />or postpone tha due date of the monthly installments referred to in paragraphs 1 and Z hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Este.^.cion of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by I_erder rn any successor in interest of Borrower shat! not operate to release, in any manner,
<br />the Iiabilit}• of the original Borrower and Borrower's successors ir, interest. Lender shall net 6e required to commence
<br />proceedings against such successor or refuse to extend time for payment or othernise 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 />i 1. Forbearance by l..ender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be 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 6y Lender shall not be a waiver of Lender's
<br />right to acee!erate tine maturity of the indebtedness secured by this Deed of Trust.
<br />22. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />ar remedy under this Deed of Trust or afforded by taw or equity, and may be exercise6 eon~urrentiy, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Cap@ons. 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 sha}7 be joint and several.
<br />The captions and headings of Lhe paragraphs of this Beed of Trust are for convenience only and are not to be 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 he given by mailing such notice by ccrtin"ed mail addressed io Borrower at
<br />the Property Address or at such other address as Borrower may designace by notice to Lender as provided herein. and
<br />{h) any notice to Lender shalt be given by certified mail, return receipt requested, to 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 lsnder when given in the manner designated herein.
<br />15. Uniform Deed of Ttvst•, Guvernir.,~, Law; Severability. This farm of deed of trust combines uniform covenants for
<br />nations! use and non-uniform covenants with limited variations by jurisdicton to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located-
<br />fr. the event that any provision or clause of this Deed of Trust or the Note conflict; with applicable law. such contiict shall
<br />not affect ocher provisions of thi_ Deed of Trust or the Note which can he given elect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />26. Borrower's Copy. Borrower shall be furnished a conformed copy of the Nate and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. T: a:,sfsr of t!:c P v~.t4y; A~vmpt-:un. E( a!! or any part of the Property or an interest the: ern is ;old or transferred
<br />by Borrower without Lender; prior written rnnsent excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Beed of Trust, (h) the creation of a purchase money security interest for household appliances. icl a transfer by devise.
<br />descent er by coeration of law ucon the deatfi of a joint tenant or (d) ±he grant of any !easenold into r~sf of three years er I°s<_
<br />not containing an option to purchase, Lender may, at Lender's option, declare alt the vims scoured by this Deed at Trust to be
<br />immediately due and payable. Lender shall have waived such option to acceleratz if. prior to the role er transfer, Under
<br />and the ~rsar, to whom the Fro~rty is to he sold or transferred reach agreemem in writing that the credit of such person
<br />=fa -. L~~der pd chat tLt> able on one sum:. ^;) h•• this Deed l~: ust ~k• ,,, •a,e as
<br />Lender shall request Lf Lender has waived the option to accelerate provided in•this paragraph t 7, and if'Borrower~'s successor
<br />in interest nos exevvted a written assumption agreement accepted in writing by Lender, Lender snail miease Burrower from
<br />all obligations under this Deed o[ Trust and the Nola.
<br />If Lender exerises such option to accelerate. fender shall mail Borrower notice of acceleration in accordance wi(h
<br />paragraph 14 hereof. Such notice shall provide a txriod of not less than ill days from the date the notice is mailed within
<br />which Bormwer may pay the sums declared due. If Borrower Coils to pay wch sums prior to the expiration at such penod.
<br />Linder may. without tunher notice or demand on Borrower, invoke any remedies permitted by paragraph ; 3 hereof.
<br />NON-L}NtFGRM Covevnxrs. Borrower and Lender tunher 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 />aarxement of Harrower iv this Deed of Tretst, including the covenants to pay when due any sums aerated 6}- this Deed
<br />of Trust, Lender prior to acceleration shaft mail notice to Burrower as provided in paragraph L4 hereof speeifyivg: (I) the
<br />breach; (2) the action required to cure such breach; (3) a date, not Ic+~s than 30 days Eram the date the notice is mailed to
<br />Borroweq by which such breach muss be cured; sad (4) shat failure to core snob breach on or before the date specified
<br />she notice r:aq r-=u!! i.. oe_e!xretiur. of !!:_ sums secured by •hes Deed of Tress and sale ; the Pruy-zrtp. 'lire aotire
<br />shall further inform Borrower of the tight to reinstate after acceleration and Mite right In brietp, a stun action to assert
<br />[he non-existence of a default or an}' other defense of Bormwer fu acceleration avd sale, if the breach is nut crtrcd
<br />on or before the date specified in the notice, Lender rat Lender's optiov mar declare a21 of the sums secured D} skis Deed
<br />of Trost to he immediately due and payable without further demand and ntay invoke the power of sale and an. rHher remedies
<br />permitted by applicable Saw. Lender shall 6e entitled to collect all reasonable casts and ezprvses incurred in pursuing €hc
<br />remed'ees provided in this paragraph 18, fncluding, bat not limited to, reasonable attorney's fens.
<br />If the power of sale is invoked, Trustee shall record a notice of dcfaWt in each county in which the Progeny or some
<br />pan thereof is located and shall mat! copies of such notice in the manner prescribed by applirable law l0 Borrower and to the
<br />other persons arescribed by appl2eahle law. After the take of svch time as may he required b_v appt!ratrk law, Trtrs4ec shall
<br />give petbiic notice of sale to the persons and in the manner prescribed by appiiaabic taw. "frzrstee, without drmavd cos
<br />Borrower, shall seI{ the Pmozng al public attctinn to the highest tsidder at cite lima and piece sod under the tertm desswnatrd
<br />in [be natiee of sate in one or more parcels and in such order as Trustee may determine. Trustee may postponr sale of aft
<br />or ang parcel of fbe Property by public avnourrrement at tfie time and place of any previously uheduled sale. Lender or
<br />Lender's designee may purchaso the Property at any sale.
<br />upon receipt of payment of the price h2d, Trustee shall deliver fo the purchaser Ttwtee's deed com~ey2n~ the Property
<br />s: :d. The tecitaLs in ftse Trustee's deed shall be prima facie evidence of the truth of the statements made therrin. 't'rustee
<br />sltaB apply ihz proceeds of the sak in the fallox~itrg order. (al to ail ressuaable costs avd espouses of the a'ak, inciudittg, but
<br />na! !imi4td ta, Tevster's fees of nut more than "'o of the grass salt price, re:uunable attorttcy's fees and rusts of
<br />title evidence; (b) to all sums secured by this Deed of Tnyst; and (c) the excess, if any, to the person or persons leg:dly entitled
<br />thereto.
<br />24. Borrower's Ril;ht to Reinstate. Notwithstanding Lender's acceleration of the sums secured by tha Decd of Truss.
<br />Borrower shall have the fight to hove any proceedings begun by Lender to enforce [his lleed of 'T'rust discont:m:rd at
<br />any time prior to the earlier to occar of (i) the fifth day before the sale of the Property pursuant «~ the power of sale contamed
<br />in [his Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust :f: (al Borrower pays Lender all sums which wou1J
<br />tx then due under This Decd of Trust, the Nate and notes securing Future Advances, if any, Kati no aceeierauon occurred:
<br />(h} Borrower cures a!! breaches of any other envenants or agreements of Borrower contained m this Dced of Thar.
<br />(e) Bc; ewer pays all rzaspesable expensc-s incurred by Lender and Trustee in enforcing the covenants and agreements of
<br />Bortower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as prpndcd m paragraph 18
<br />hemof, including, but nut [trotted to, reasonable attorney's fees; and (d) Bormwer takes sa:ch action as Lender may reasonable
<br />require ea assure [hat the lien of this Iced of 'trust, Lender's interest in the Property and &xrnwrrC obligation «. pay
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