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9. Condemnation. "Lht prcctcds of any award or caa:rn fur dsmagt>. dire:;t or cunseyaenual, m connection with any
<br />condemnation or other taking of the Property, or part thereof, ur fur conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Ixndzr.
<br />In the event of a total taking of the Property, the proceeds shalt he applied to the sums secured by this Deed of Tru=_t.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of ifie Property, unless Borrower and Lender
<br />otherwise agree in writing, there shalt be applied to the sums secured by this Deed oC Trust such proportion of the proceeds
<br />as is equal to that proportion which thz 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 date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />Yf ihr Property is abandoned by Borrower, ur if, after notice by LenJer to Borrower that the condemnor offers to make
<br />an award ur settle a claim for damages, Borrower fails to respond to Ixnder within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, ai 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 Burrower otherwise agree in writing, any such apphca[ion of proceeds to principal shall not eztend
<br />or pospont the due date of the monthly ins[aHments referred to in paragraphs I and 2 hereof or change the amoum of
<br />pp~t~ such irtstallments.
<br />"L~ t0. Borrower Noi Released. Extersiun of the time for payment nr muJilication of amortization of the sums secured-
<br />by this Decd of Trust granted by Lender to any successor in interest of Borrower shall nut operate to release, in any manner,
<br />the !iahility of the onginai Borrower and Borrower's successors in interest. Lender shall not 6e required to commence '
<br />proceedings against such successor or refuse to eztend [imz for payment or otherwise modily amortization of the sums
<br />secured by this Deed of Trust ny reason of nny demand made by the original Burrower and Borrower's successors in interest.
<br />il. Forbearance by Lender Not a Waiver. Any forbearance 6y LenJer in ezercising any right or remedy hereunder, ur
<br />otherwise afforded by applicable law, shall not he a gaiver of or produdt the zxerctse o[ any such right or remedy.
<br />O The procurement o[ insurance or thz payment of taxes or`other liens or charges by i_ender shall not be a waiver of Lender's
<br />-V/ right to accelerate the maturity of the indebtedness sccurGd ~by this Ueed of "trust.
<br />I2, Remedies Cumulative. All remedies provided~id thisDeeJ of Trust are distinct and cumulative to any other right
<br />o: remedy under this Deed of Trust or atiorded by lay or equity, and may he exercised concurrently, independently or
<br />successively. 4 ~'
<br />13. Successors and Assigns Bounji; Jofm and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereWtder >hall inure to, the respective successors and assigns of Lender and Borrower.
<br />subject to the provisicns of paragraph 17 hcreol. .4I1 covenants :md agreements of Borrower shall he joint and several.
<br />The captions and headings of the Faragmphs of this Dted of "trust art for convenience only and are not to 4e used to
<br />interpret or define the provisions hereof. -
<br />14, Notice. Except for an}• notice reywred under apphcabir taw tit he given m another manner, (a) any notice [o
<br />Borzawer provided far in this Decd cf 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 notice to Lender as provided herein, and
<br />(h) any notice to Lender shall 6e given by certified mail, return receipt rtyuested, to Lender's address stated herein or to
<br />such other address as Lender may designate ny nonce to 8urrowtr as provided herein. Any nonce provided for in the
<br />Deed of Trust shall be deemed to have been given to Bo: rower ar Lender whin given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Se+erability. "fhn form of Jecd of tout combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by lurisdictimt to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by ihr _law of the turisdiction in which the Property is located.
<br />In the event that any provision or douse of this Deed of Trust ur Itk:~Note cunllicts with apphcabir Inw, such conflict >hali
<br />not affect other provisions of this Deed of Trust or the •iVote which tap he given effzet without the contlicung proviswr.,
<br />and tc this end [he provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. borrower shall be [unushed a conformed copy of the Nott and of Ihis Deed tit "Leine ar the time
<br />of executeon 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 Burcwcr wstheut Lender's prior written coroeni, czduding (s) die "c restion of a lien or encumbrance suborilmate t<
<br />this lleed of Trust, (h) ihr creation of a purchase money steunry uutrcat fur household applrmcFs, tc l a transfer by devi>e.
<br />descent m~ h}• operation of law upon the death of a p»nt tenant err
<br />--• ~ ~ ^°•• ^ ~•-•~••^ •^ ~ °•°6-- Lender may, at IxnJer's option, dtclare ;JI [he sums secured by this t]ezJ tit Trust to Ix
<br />Immediately due and payable. i.ender shall have w;uvni such option to acederatz if, prior w the salt or transfer, Lender
<br />and the ptaou to whom tits Property is to he sold or [runsterred reafi agreement m writing that the credit of such person
<br />is enlist actor}• to Lender and than the interest pa}•ahle on the sums secured b} this Deed of TFUSt shall be at such rate as
<br />! _.nder =_ha!I req!~est. It L%nder has warved the aptiun to ac~'eltrate prrnlded m this paragraph 17, and if Borrower's <_uccessur
<br />in interest has executed a wrinzn assumpuat agrtemem acctpttJ in wrung by Lender, tender shall release Borrower from
<br />all obligations under thrs Deed of Tr~St a,iJ the Nuie_
<br />Ii Lender exercises wch option to ^cccler:tic, LenJer ,hall nuul liorntwtr ounce of acceleration m accordance with
<br />paragraph 14 hereof. Such notice shall provide a penu.l of not le» tkm Nl da)> from the date the notice is mailed within
<br />which 8orruwer m;.y pay the sums declared due. It Hon ow tr Luls to pa) >udt sums poor to the expiration of such perioJ,
<br />Lender may, without (usher nWiee ur demand ou 8arrower, utvut.e ens inneJic> ptnnnled by paragraph IB hereof.
<br />Nurv-UNU~oam CuvervzNis. Horruwer and Lender luriher un'enani .,nJ agree a> loliows:
<br />IN. Acteleratiun; Brmedies. Except us provided in paragraph 17 hereof, upon Borrower's breach of any covenant ur
<br />agreement of Burrower in Ihi+ Deed of 'fmsl, including the covenants to pap when due any swns secured by [his Deed
<br />of Trust, fender prior to atceleration shall maH noise to Burrower as pew idea iu paragraph ld hereof specifying: (1) the
<br />breach; (2) the action eeyuired to cure wch 6reuch; (J) u Aate, nut la»,s than 3U days from the date the turtles is mailed to
<br />Bonuwer, by which such breach incur be cored; and (4) that failure to cure such breach nn or before the doer specified
<br />in ihr no/icr cony result in accelera8mr of the swns secured by Ihis UeeJ ui Trust and sale of the Property'. 1'he Holier
<br />cleat! fur±her hdurm Horruwer of [hr right to reinstate after accrleratiuu and the right to bring a court action lu rrssrrt
<br />the nun-existence of a dr6w11 or any utivrr defense of Burrower to acrderatiorr and sale. IF the breach is not cured
<br />aen or Ixforr tha• date ,peciiitd in the notice, Lender al Lender's option may drdare all of the awns secured by Ihis Deed
<br />of Tnu! to he inemedialelp due mid payable without further dtnwnd and ma} in+ukc the power tit sale and mty other remedies
<br />prnnittrd by aypiicablr taw. Lender shall be rntilled to collect till reasonable at>is and rxprroes incurred in pursuing the
<br />remedies provided in this paragraph IN, including, bol nut limited tit, reasonable a8onm}'s fors.
<br />1f the power of ,ale is invoked, 'i'nutee shalt record a notice of default in each roomy in which the Property or some
<br />part thereof is located and shat) wail copies of such reUtice in Ihr mm~ner prrscrihad by upplicnhle law to 8orruwer and to the
<br />other person+ prrsc ribeJ by applicable low. After Ihr lapx of such time as mu} br reyuiixd by appBcable law, Trustee >hali
<br />give public nutter of side to ihr penmu unJ in ihr manner prescribed hF applicable law. 't'rustee, without demand tin
<br />Borrower, shall srFl the Property of public auction to the highest bidder at rhr time and plem and under the terms designated
<br />in ihr notice of sale in one or mare parcels and in such older as Tnrstre mar drtenninr. 'frwtrr mar pusipmte >ale of all
<br />or any parcel of Ihr Property by public announa•rnrent at the time and place of any previmul} scheduled sole. Lender or
<br />l.tnder's designee may purchme Ibe Property al any sale.
<br />Upon receipt of payment of [hr price bid, Trustee shall deliver w ihr purchaser 'T'rustee's deed cunveyiag the Property
<br />sold. The recitals in the '17wlce's deed shall br. prima facie e+idrnce of the truth of the statements made therein. Tnalre
<br />shall apply Ehe proceeds of the sale in the intluwi)r ~ order: ((a) to alt reuswtablr costs anJ ezprn.+ts of the sale, including, but
<br />cwt lirnited Eo, TrnsEee's fees of not nrorr than ~/ ~ OP 1 "n of the gross sale price, reasonable almnrty's fees wed ruses of
<br />title evidence; (b) to aU wins secured by Ihis lleeA of "foul; and (c) the excess, if tiny, to thn prramr ur persons legally enlitied
<br />thereto.
<br />19. Borrower's Bight to iteinslate. Notwithstanding Lender', :¢celrrauon ul ihr uum senora by Ihis Deed of Trust.
<br />Burrower shall have the nght to have tiny proceeJings Ixgun by Lender ai colorer ihts Dctd of 17us1 JixununucJ ai
<br />any time prior to the earlier to occur of tit rho fi(ih JaY hclore the sale of the Property pursuant n. the power of sale coni.u nrd
<br />' in this Drcd of Tnut urpq entry of a judgment enforcing this Uccd of Tout J. WI Borow cr pap, LenJer ,ill sums which would
<br />he then dot under this UeeJ of Tnist, the Note :md notes secunng i~uture AJvanec+, J any, had nu acccleru wit occurred:
<br />(h) Horn>wer cures :ell breaches u( any Wher coven:ntls or agreements ul Borrower contained in thu Ueed nt l7usc
<br />(c) Horruwer paps all rtasunubit expenses incurreJ by LenJer and Tnutcc m enl ore ng the covenants and agnenttnts ui
<br />BUrtawe; cunf:tined in Ihis Uced of `:'rust one! m tlaarcing Lender's :md Tn:stte's remedies a> provided iu partgraph IS
<br />hereof, including. but not horned to. reasonable attorney's foes; :tied tdl Horrower wkrs wch xenon as Letder may reasonably
<br />reymre Co aswre that the hen of this Dred of Tra+i. Ltnder'> timers>t m Ihr Pity+zny and Borrower's ot>hgauon to pay
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