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4. Cotxdoraaatios. 7h~ prcxecds of any award rr claim far damages. direct ar ~[tsegtrentizl, in connecti:,n with any
<br />cordemaation cr o!)xr taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />acd shalt tx paid to Leader.
<br />In the event of a total taking of the Property, the proceeds shat! be applied m the sums secured by this Reed of Trost.
<br />with the excess. if any, paid ifl &:rrower. In the event of a panto} taking of rite Property, unless Harrower and Lender
<br />otherwise agree in writing, there shag !,e applied to the sums secured by this Deed cf Trust such proportion of the txoeeeds
<br />as is equal to that proportion which the amount of Ibe sums secured by this Drell of Tract immediately prior to the dale of
<br />taking bear to the fair market value of the Property immediately prior to the date of taking, with the ba{aace of the proceeds
<br />paid to Borrower.
<br />if the Property is abandatred by Borrower. or if, after notice by Lender to Borrower that the condemnor offer to make
<br />an award or Bettie z claim far damages, Borrower fails m respond to Ixnder within 30 days after the date such notice is
<br />G~ mailed. Lender is authorized to collect and apply the proceeds, at Lenders option, either to restoration or repair of the
<br />„dt Property or to the sums secured by this Deed of Trust.
<br />,--+ Unless Lender and Borrower otherwise agree in writing, any such applicahon of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs and Z hereof or change the amount of
<br />'~}t such installments.
<br />~ 10. Borrower Not Released. Extension of the time for payment or modification of amortization of ±he sums secured
<br />~ by this Deed of Trust granted by Lender to any successor in late: est of Borrower shall not opecate to release, in any maornq
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shaft not tx required to commence
<br />proceedings against such successor cr refuse to extend time for paymem or otherwise modify amottrzation of the sums
<br />Q secured by this Deed of Trust by reason of nny demand made by the original Borrower and Borrower's successor in interest.
<br />I1. Forhearpnce !ry Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar
<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 by tender shall not be a waiver of Lender's
<br />right to accelerate the maturity of ~ e indebtedness secured by this Deed of Trust.
<br />12. Reinedies Cumulative. AtI remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may M exercised concurrently, independently or
<br />successively.
<br />13. Successors nerd AsrSgns Bound; Joint and Seve sl Liability; Captions. 'the covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure tn. the respective succeuors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 heron(. All covenants and agreements of Burrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust ar for convenience only and are not io be used to
<br />interpret or define tlse provisions hereof.
<br />14. Notice. Except for any notice regwred ender applicable law ;o tx given m another manner fa) any notice to
<br />Borrower provided for in this Deed of Trust shall M given by marling such notice by certified mail addressed fo Borrower at
<br />the Prapr_rty Address or at such other address as Borrower may designate by notice to Lender as provided herein. and
<br />(b) any notice to Lender shall l+e given by certified mat;, 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 />Cked of Trrst shalt be deemed to have been given ~a Borrower or Lender when given in [he manner designated herein.
<br />25. Uniform Deed. of Traci; Govrrni:eg law; Ser•erabHFty. "thu form n[ deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with Limned variauans by jurisdiction to constitute a uniform security instrument
<br />ceve;ing real properq. This Decd of Trust shall M governed by the law of [he ~urisdic[ion in which the Property is located.
<br />In the even( that ury provision or clause cf !hu Deed ~~t '1 rust or the Nwr conflicts with applicable law, such conflict shall
<br />no: aEec[ other provisions of this Deed of Trtut or !hc 'dote which can he eiven effect without the conflicting provisior:,
<br />and to this end the prcvisiers of the Beed of Taut .rod the \otc arc declared tr? t>e severable.
<br />lti. Borrower's Copy. Harrower shall he lurmshcd a conformed copy of [he Nate and of this Deed o[ Trust at the time
<br />. x ex~atiiar, o after recotdativn beruf.
<br />t1, Transfer of ibe Property; Assumption. If alt ::r an} pare of the f'ropertt• or an interest therein is sold or iransfcrrcd
<br />by Hnrrcwer without Iwnders pricer wntten consent exrludmg e;,? the craauon of a Gen cr encumbrance sutx?rdina:c m
<br />this Deed of Trust, ib) tfie creation r+[ a nurchasc r.:nne+ -scn;ntp ,ntcrrst roe house-held apetiantes, tc? a transfer by devise,
<br />dscrnt yr !,}' a.peratian of taw upar, the death of ~ ,nmt n.nant or c d ~ fhr_ grant cf any leasehold interest o[ three vean ar less
<br />oat romaining an option ro purchase, Lender may.::, i.ender ; option, declare ail the sums secured by this (Iced o[ Trust to br
<br />:mmediatriv due and payable. Lender shall have waived such option n± uccrlera!e d, poor to !hr sale or transfer. Lender
<br />and the p~rsan to whom [he Property is to be sold or transferred raaah autreemem m writing that [he credit of such txrson
<br />- _ ---- ion• to - rind La..t tae interest p=va;^Ic nn t:e -um.4 :..~urtu ^} this Dei:l of 'Ernst shall i?e at such rate a
<br />[.roll - shall uest~uLfrl,endrr has waived the opt-- r _~, . _r. p:r,v:de., i tk+.= pa. a„r~ph :7, and if $nrrowc, -s su_irsk r
<br />m interest has executed a written assumption agrrrrticui accrpud m w-ritrng by Lender. Lender shad release Borrower from
<br />all obligations under this Lhx`d of Trust and the Note.
<br />7f l-ender exercises such option ro accelerate, tender ~hadi •~na~i Ffnrr±~wer notice of aceelemtian in accordance with
<br />parsgraph 14 hereof. Such notice shall provide ^ penod tit ~:oi less than ~o days from the elate the notice i•: mailed within
<br />which Borrower may pay [he sums declared dun. ^ Burrower tads m pu? such wins poor to the expiration of such gonad.
<br />Lender ntay. without further notice or demand on Borrower. ,,,...}.c am ;emrdirs ;nrnutted ht paragraph .g hereof.
<br />Nc>'r-ti titronkl CovennNTS- Borrower and Lender turthc[ co rrmnt null agrcc :rv toilawx-
<br />18. .lccelerntian; Remedies. Except as provided in paragraph I7 hereof, upon Borrowers breach of any covenant or
<br />agreement of Harrower in this i)eed of Trost, iacludirrg for careoaoaa to pay w-hen der any sums secured by this Iked
<br />n€ Trust, Lender prior to acceleration shah mail nmie'e to Burrower as prat ided in paragraph L4 hereof specifying: (I) the
<br />txeach; 12} the action required to ^ure such breach; tl) a dine, not less than 30 days Frain fhr date the notice is nraitcd to
<br />Borrower, by which such breach mrN ice cured; aaJ (4) that failure fa ante wch breach on or Fxfore the daft specified
<br />in the !+.~4ier may rrse!t in arrr!oralicn of the ems srrueed ba thin Ihrd sf Tr 25t and :air of fhr Pnrprrtr. TTte notice
<br />shelf further inform Borrower of the right to reinstate after uccrleratian and the right to bring a court aclian kr assert
<br />rho nun-existence uF a default nr an} other dtiense of Barrnwer to aca-eMration and oak. If the breach is nut corral
<br />an or before fhr date specified in the notice, Ixnder al [xrrdor's option may decinre all of the sums secured by th!s deed
<br />of 't`rust to tx immediately due and payable without furlhrr demsrui and may invoke the power of Bak and an) other remedies
<br />permitted by applicable law. la;nder ;hall be entitled to collect ail reasamaWr rants and expenses incurred in pursuing the
<br />remedies proridrd in this paragraph 1'., including, but not limited to, reasonable ullorrrey's fm.
<br />If the power of sak !s invoked, Truster shr:A record a rrotke of deFaull in each ^ounly in whkh the Property or some
<br />prat thercot is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such limo as may be required by npplicaWe taw, Trustee shag
<br />=e p=.:: ~:€ r,utkz of a,Pe to t::z -r-xe.~nas and is for >flnnacr prrxrsbed by applicable taw. 'Crstsier, without dxtoand oa
<br />Borrower, she!! seB the Property at public anctioa m the hf~hest bidder a! the time and plate and under fire terror d.°=ignakd
<br />in fhr nutter of sale Fa ace ur more parceb and in such order as Trustee may determine. Trustee may postpone laic of ail
<br />ar any parcel of the Property by public antrouncemenf at the Lime and place of any prey-iousiy srheduied solo. Lender or
<br />Lender's Chsrgore may purchase the Property at any sate.
<br />Upon receipt of payment o€ the price hid. Trustee shag deliver to the purchaser Trustee's deed conveying the Property
<br />saki. The recitals in lice Trustee's deed shat 6e prime facie ev!denco of the truth of the statements made !herein. Trustee
<br />strap apply the proceeds of the Bak in the follow~,prrier: (a) to al! reasonable ctgis and expenses of the sale, including, but
<br />oat ILarii€d to. Trasioo's fees of rret more than ll/)UU S'o of rho groom sate prfco, reawnable attorney's Fees cad costs of
<br />title evldeace; (h) to aH Bunn secured by this Deed of Trust; cad tc) the excess, if nay, to the person or persons legally entitled
<br />thereto.
<br />19. Borrower's Right to RfiRState. Na(withstanding Lender's acceleration of the sums secured by this Decd of "hoist.
<br />Borrower shall have the right ro have any proceedings begun by Lender to enforce this Decd of '{`rust discontinued at
<br />any time prior to the earlier [o occur of (i) the fifth day before the sale oC the Property pursuant to ttte power of sale cantainrJ
<br />an this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust iC (a) Harrower pays Lender all sums which would
<br />Fee than due under this Deed of Trust, the Note and notes securing Future Advances, if any, bud no accelerruon cecurred:
<br />(b) Borrower cures all breaches of any other ttrvenanis or agreements of Borrower cvmainrd m this Dced of T~nrcr,
<br />Lc) Borrower pays aB reasonable expen>c's incurred by I-ender and Trustee in enforcing the covenants and agreements of
<br />Borrower contained in this Desd of T: ust and in enforcing lender's :rod Trustee's remedies as provided in paragraph
<br />hereof, including, but not limited to, reasonable attorney's fees; and id) Borrower takes curb action~a> Lmtdet may rrsonably
<br />require tc assure that fhr lien of this ;Yell o; -1 rust, lande;'s inizzs[ in fhr i'tapony and Borrowers obligation io pay
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