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<br />4. Coadrmaat~a. The proceed<_ of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereo[, nr for conveyance in lieu of condemnation, are hereby assigned
<br />and shalt be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shat! be applied to the sums secured by this Deed of Trust
<br />with the excel, if any, paid to Borrower. En tier event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise egret; in writing, there shall 62 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 poor to the date of
<br />taking bears fo toe fair market value of the Property immediately prior to the 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 nr settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Under 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 Borrower otherwise agree in writing, am' such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly insta!Iments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />to. Borrower Nor 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 shalt not operate to release, in any manner,
<br />the liability of the original Borrower and Borrowers successors in interest. Lender shall not. be required to commence
<br />proceedings against such successor or refuse to extend time Cor paymem nr 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 />7 t. Forbearance 6y Lender Nnt a 55'aiver. Any forbearance 6y 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 Sy Lender shall not be a waiver of Lender's
<br />right to accelerate the maturty of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided .n this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed o£ Trust or afforded by law or equity, and may be exercised concurreotiy, independently or
<br />successively.
<br />13. $uccesors and Assigns Sound; loins and Several i.iability: Captions. 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 Aorrower shall Ix joint and several.
<br />llte captions and headings of the paragraphs of this Deed of Trust are for convenienw only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice regwred under applicable law to he given in another manner. ta) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by rertified mail addressed to Borrower at
<br />the Property Address or at suc~ other address as Borrower may designate by notice to Lender as provided herein. and
<br />(b) any notice to Lender shout be given by certified mail, return receipt requested, to Lender's 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 Lender when given in the manner designated herein.
<br />I5. Uniform Dred of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insvument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is !orated.
<br />In the event that any provision or clause of this Deed of Trust or rite Note conflicts with applicable law. such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can he given effect 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 />16. Borrower's Copy. Borrower shat! he turnahed a conformed copy of the Note and of this Deed tit T.^,at at the time
<br />of execution or after recordation hereof.
<br />17. Trarnier of the Property; Assumption. if alt or am' part of the Property or an in[cres! therein is wid or transferred
<br />by Borrower without Lenders prior written consent, excluding i.ii the creation of a lien or encumbrance subordinate to.
<br />this Deed oC T'rust, !b) the creation of a purchase money security interest fur household appliances, tc) a transfer by devise.
<br />descant or by operation of law upon the death of a joint tenant ur {d) the gram of any leasehold interest of three veers or Less
<br />not containing an option to purchase, Lrrdcr may, at !s.ndcr's option, declare al( the gums secured be this Deed ai Trust to e
<br />immediately due and payable. tender shall have waned such option to accelerate if. prior to the sale or transfer. Lender
<br />=^d the +~rso.^. to wham d!:e Pro:+~rty is tc 62 sal.a <:r :rarsferred reach ::green:rnt in :a~ritirg .hat the credit rf ;uch E,econ
<br />is satisfactory to i.endcr and that :he interest parahle on the sums scearcd by This Dced at `c'rust shaft hr at such rate as
<br />;der -shall r2qucai- Lender lies waived ii = - ~iian tip a-cc.icratc vrnvidcd in [hip par grph ii, and ii BotroweYS successor
<br />inn interest has executed a wnt[en assumption agreement accepted in writing by IFndeL Lender shall release Borrower lmm
<br />all obligations under this i)eed of Trust and the Note.
<br />if Lender exercises such option to accelerate, lender shall mail Borrower notice of aceelention in accordance wish
<br />paragraph 14 hereof. Such notice shall provide a period of not Icss than ](1 days from the date the mHice is mailed within
<br />which Borrower may pay the sums declared due. tf Borrower fads to pay such sums prior a? the expiration of such period.
<br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph I S hereof.
<br />NnN-UNfF6RM CoveNn N'rs. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower'x breach of any covenant or
<br />agreement of Borrower in this Decd oY 'Frost, including [he covenaaU to pay when due any sums secured 6y this Decd
<br />of Trvsl, Lender prior to acceleration shaft mail notice to $orrower as provided in paragraph i3 hereof specffyfng: Ili the
<br />6reacb; i2) ihr action required to cure such hreach; (3) ss date, not los than _IO days from the date the notice is mailed m
<br />Borrower, by which such breach must tee cured; and (4} that failure to cure such breach on or before the date specified
<br />in the notice stay result in areeleration of the sums secured by this Deed of "irusY and sale of the !'roperty. The nol'oce
<br />shaii €n Kber uu€orut Borrower n€ fhe riKhi iu reinstate otter acceleration and the right to brink a court aeHon to stSSCrr
<br />ihr non-existence of a default or any ocher defense of Borrower to acmlemtion and sale, tE the breach is nut cured
<br />on ur before the date specified 6n the notice, Lender at f.cnder's option may Aeclare ail of the sums secured by this Deed
<br />of Trust fo be immediately <lue and payable witlmui tnrther demand and may invoke the lmwar of sale and nay other remrd!rs
<br />permitted 6y applicable taw. Lender shall be entitled in colfecl a$ eeawnable costs and rxprttses incumd in pursuing the
<br />remedies provided in this paragraph lg, including, hat nut limited to, reasonable attorney's fees.
<br />tf the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part cheroot is located and shaft mall copies of such notice in the manner prescritted by applicable law to lorrower and to the
<br />other persons prescribed by applicable law. After ihr lapse of such time as may be required by applicable law, 'Truster shat!
<br />clue nuhlic nnEice of .sale to the persons sad ins the manner prescrifwd by applicable taw, 't'rustee, +vthout drrxe~.nd ran
<br />Borrower, shall sell the Property at public auction to the h'ry;hest bidder at fhe lime and place :uuf nnder the terms designated
<br />in the rt^_ticr of sale i:s ore ar inure petrels sad in sorb ardrr as Truster may dxtcrmiar. 't'rustee map pastpaar sale of all
<br />+er any parcel of Ehe Property by public announmmrot ai the time and place of any previously scheduled sale. Lrndrr or
<br />[xnder's designee may purchase the Properfp at any salt.
<br />Upon receipt of payment of the price bid, Trustee shalt deliver to the purchaser Trustee's deed conveying the Propert}'
<br />sold. The reel{acs in the Trustee's deed shall be prima facie evidence of fhe truth of the statemenh made therein. 'I'rusfee
<br />slea!t app-y the proceeds of the sale en the following order. (a) to all reasonable costs and expenses of the sale, including, 6uf
<br />rest .untied ta, Trustee's €ees of not more than `.'~ of the gross sale price, reasonable attoroey's fees and costs of
<br />torte evidence; (b) to aU sums secured by thfs Deed of Trtrst; and (c) the excess, iC any, to the person or perwns legally entitled
<br />fheteta.
<br />19. Borrower`s Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust.
<br />Borrower she!! have the right to have any prex:eedings begun by Lender to cn(orce this lhed of 'Frost discontinued at
<br />any time prior to the earlier to occur of (i} the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust iC (u) Borrower pays !.ender alt sums which would
<br />he then due under this Ueec! of Trust, the Note and notes securing Future Advances, tf nny, had no acceleration occurred:
<br />(h) Borrower cures all breaches of any other covenants or agreements of Borrower contained m th.:; L1_ed of Trust;
<br />(c} Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br />Borrower contained in this Diced of Trust and in enforcing [xnder's and T'ruuee's remedies as provided in paragraph IX
<br />hereof, including, but not limited to, reasonable arturn2v's tees; and idl Burrower takes such ac!:on as Lender neat' rP ~rrn:!hlv
<br />require to assure that the lien of this Decd of Trust. Lender's intrrrxt m the Property and Borrower's obligation to pay
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