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<br />9. Condemnalioa. The proceeds of any award or claim for damages. direct ar consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, ar for conveyance in lieu of condemnation, are hereby assign_d
<br />and shall bt: said to Lender.
<br />In the even! of a total taking of the Property, the proceeds shall he applied 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 be applied to the sums secured by t7tis [Jeed of Trust such prcportion of the pra:eeds
<br />as is equal to that proportion which the amount of the sums secured by This Dted 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 />If the Properly is abandoned by Borrower, or if, aher notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a ciaim for damages, Borrower fails to respond to Lender within 30 days aftez tht date such notice is
<br />maned. Lender is authorized to collect and apply the proceeds, at Lendei 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, any such application of proceeds to prircipai shall not exten6
<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 />i0. Borrower Not Released. [?xtension of the time for payment ur modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manntr,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shad not be reyuired to commence
<br />pra:eedings against such successor or refuse to extend time Cor payment or otherwise modify amortization of the sums
<br />secured by this DeeJ of Trust by reason of any demand ;Wade by the original Borrower and Borrower's successors in interest.
<br />! 1. Forbearance by Lender Not a Waiver. Any furbenrance 6y Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not ht a waiver of or preclude the exercise oC any such right ar remedy.
<br />The procurement of insurance or the payment of faxes of other liens or charges by Lender shall nut be a waiver of Lender's
<br />right to accelerate the maturity of [hr indrhtedness seeur4$by this Deed of Trust.
<br />i2. Remedies Cumulative. Ali remedies proviJea~inahis~Deed of Trust arc distinct anJ cumaVative to any other right
<br />or remedy under this Deed of Trust or afforded by lay or equity, and may be exercised concurrently, independently ur
<br />successively. f ~'
<br />13. Successors and Assigns $ourr(i; Joint and Several Liability; Captions. The covenants and agreements harem
<br />contained shall txind, and the rights hereunder shall inure ta, the resptaivt suceessors anJ assigns of Linder and Borrower.
<br />subject to she provisions of paragraph ~17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />Tht captions and headings of the paragraphs of this Deed of Trmt art Cor convenience only and are not to he used to
<br />interpret or define the provisiopsheteof.
<br />I4. Notice. Except for any notice required under appbcable law to be given m another manner, Ca) any ~nouce to
<br />Borrower provided far in this Detd of Trust shalt be given by mailing such nonce by cenifieJ mail addressed to Borrower at
<br />the Preper[y Address or at such other address as Borrower miry designate by notice m Lender as provide) herein, and
<br />(b) any notice to Lander shah be given 6y certified mail, return receipt rtyursted, to Lender's address stated herein or to
<br />such other address as [xnder may designate by notice io Borrower as provided heroin. Any notice provided for in this
<br />DeeJ of Trust shall be deemed to have been given to Borrower or LcnJer when given in the manyer designated herein.
<br />13. Uniform Deed of Trust; Governing Law; Srverability. Phis Corm of JreJ u( trust combines uniform covenants fur
<br />national use and non-uniform eovtnauts with limited varlatium 6y !urisdiction to constitute a uniform security instrument
<br />covering real property. 'This Detd of Trust shat) he governed by the~law of the )urisdiction in which the Property is located.
<br />In the event chat any provision or douse of this Decd of Truu ur tix:•No[e conflicts with applicable law, such conflict shall
<br />not aH~ect other provisions of this DeeJ of )'rust or the Note which tap be given effect without the conliicling proviswn.
<br />and to this end the provisions of the Deed of Trust anJ the Note are dedareJ to bt severable.
<br />16. Borrower's Copy. Borruwtr shall be funusheJ a conformed cop}~ of the Note and tit this DeeJ of I rust at flit time
<br />of execution ar after recordation hereof.
<br />I7. Transfer of the Property; Assumption. fi all ur any part of the Prgperty ur an interest therein is sold or transferred
<br />by Harrower without Lender's prior written wnstnt, excluding tai the 'crcati9n of a lien or encumbrance subardmate to
<br />this Deed of Trust, (h) the creation of a purchase money security interest fur housrhalJ apphaneps. tcl a transfer h;+ devise,
<br />Jtscent or by operation o[ law upon the Je:uh of a pnni tenant ur
<br />_ lznder may, at !.eider's option, Declare :JI the sums secured b}' this DeeJ of Trust to be
<br />immediately due and payable. Lender sh:dl have waived such option to accelerate if, prior to the sale nr aeon>ter, Lender
<br />and tbe ixrson to w!:om the Property is !o ht sold or transferred reach avreernem in wr.tmg !!*.t the credo of wch p~rsen
<br />s satisiactary to Lander and [hat the inirrest payable on the sums secure) by this DtrJ o[ :Fiust shall bt at such rate a=_
<br />Ltr,dt,- shall rtyutst. I[ Lendtr has waived the option to acrrierute provided in this paragraph ; .and if Borrower's sacetssrr
<br />in interest has eaecuied a written assumpuun agrtemrm accepted m writing by Lender, Lender shall release Airtrower from
<br />ail ohligafians under this DeeJ of Tiusi anJ the Note.
<br />If Lender exercises such option to aeceler:ve, LenJtr shall mail Borruwtr nonce of acceleration m accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of nut Iem than 30 da}s tram the Jate the nonce a made) within
<br />which Borrower may pay the sums JedareJ Jue. If Burrower fails to pay such sums prior to the rxpuatiun of such IxnoJ.
<br />Lender may, without further notice or demon) on Burrower, mvuke an} remedies pernutteJ by pu ragraph I g hereof
<br />NoN-Urvu~aau Covervnrv ts. Burrower and Lender lusher covenant and agree as Iolluws:
<br />Itl. Acceirratiun; Remedies. Except as provided in paragraph 17 hereuF, upon Borrower's breach of any rovennnt or
<br />agreemrrr! of Borrower in this Decd of Trust, including the covenants to pay when due any sums secured by this Ueed
<br />of Trust, Ixnder prior to acceleration shall mail notice to Borrower as provided in paragraph IS hrrruf specifying: (1) the
<br />Drench: 12) the action reyuired m rare such breach; IJI a dote, nut Ica than JU days from the dolt Thr notice Ls mailed to
<br />$orruwer, by w61ch such brrarh must br cured; and (J) that failure hr cure such breach tin or before the date specified
<br />in Iht notice may resuh in acceleration of the sums secured by this Decd of Tnrst and sale of the Properly. 'The notice
<br />shah iurt!mr inform iurrower of lire rigirt to reinstate oiler accdrralimt nn<i fire rigiu to bring u court ncrion ro nsserfi
<br />the nun-existetece of a drfuutt or any other defense of Burrower lu acceleration and salt. !f the breach is nut cured
<br />on or hefine the date apccifird in the notice, Lender tit Lender's option nwy drdrrc ulI of ilia sums secured by this Urrd
<br />of Trust to be immediately due and payable wifhunt further demand and may iuvuke the power ul sale and any other remedies
<br />perm8ted by applicable law. Lauder shall br emitted m adlerl all reasonable casts mid exprroes incurred in pursuing the
<br />remedies prnvidrd !n [his paragraph I;i, im~luding, but nut limited to, rcusunabir u/lonrey's lets.
<br />tf the power of sole is invoked, l'rustee shall record a ruticr of default !n each county in which the Property or some
<br />pan thereof !s located and shall mail wpits of such notice in the manner prescribed by applicable law u> Borruwtr and to the
<br />other persons prescribed 6y appiicnhle law. After the lapse of such lime as may he reyuired by nppiica6le law, Trustee shall
<br />give p±=bile nu!ice cal salt ter tare p «ans aad in the :rranncr pnsa•rihrd by nppl3cablr lasv. Trustee, without demand en
<br />$orrower, shall sell the Property at public auctimr m the highest bidder al the time and place and under the terms designated
<br />in the notice o: sale in oat or nrort parctts and in such order as '1'nrsue may determine. T'xastrr may postpone salt u£ a!!
<br />or any parer) of 'he Properly Ray public murouncrmrnt at the time and pure of any previously scheduled sale. lender or
<br />F.tnder's de,`na••^ -ay ourchase the Property at any salt.
<br />Upon mceipt ~. , ,•mrm of Thr price bid, Truslrr shat! deliver to the purchaser Trustee's decd runvey ing the Properly
<br />sold. Thr recitals !n the 7?ustee's deed shall be prima facie evidence of the Truth of the slatemenis made Therein. Truster
<br />shall nppiy the proceeds of the snit in Iht foUowi r b•• order: {{ul to all reasunuble cuslx and rxpenecs of Thr safe, including, but
<br />oat limited to, Trustee's iris of nut mare fhmt L~L Of 1 `".• of Thr gross salt pNce, rrusmmble attorney's fees and costs of
<br />title evidence; (hl to all scans secured by this UteJ of 'IYmt; and Ic) the excess, ii any, to the person ur persons legally entitled
<br />thereto.
<br />19. Borrower's Right to Reinstate. Notwrthstan.ling LenJer's accrleraunn at the sums secure) by thu Deed of TnuL
<br />Borruwtr shall iwvc the right W have any procerJings begun by Lendtr to enforce this Ured of Taut disumunued at
<br />any limo prior to the earlier lu ucau of (i) the fifth Jay t:cl ore the s,Jc of Thr Property pu rsu:utt u. the power u( sale cunt:unea
<br />in this Dtcd of Trust or Oi) entry of a judgrntnl enforcing this UccJ of Trust d: Tai Borrower pays LrnJrr all Bunn which would
<br />be then dot under this Uerd it( Trust, Ibe Nott anJ nuts accurutg Fuuuc rWv:m. n, d any, had no uceeleranun oecurrrJ:
<br />(h) Boiruwtr cures ail breaches u( any other arvenanls ur agreements of Horrower canutined m thu Deed of Trust.
<br />(c) Burrower pays all reasonable expenses incurttJ h}' Lender and Tnutee in enfnrang the euvtnxnts and ugrremenb ul
<br />Borrower eomameJ in Thu Ueed of Trwt anJ m enforcing L.enJcr's and Trustee's remedies xs prnvidrd m paragraph !N
<br />hereof, including, btu not limurd ta, reasanab!^_ attorney's fees; ;:nJ lJl Borruwtr takes such acunn as !-ender may reasonably
<br />require m assure that alit Gen u( this Dted tit Trust, Lender's uutmat m the Property noJ Borrower's obligation to pay
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