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<br />9. Condemnation. The proceeds of ant award or claim (or damages dirett or conseeuential. in connection with an:
<br />condemnation or other taking of the Property, or part therecE, or for conveyance in lieu of condemnation, azr hereby assigned
<br />and shall be paid to Lender.
<br />fn the event of a total taking of the Propert}•, the proceeds shalt be applied to the sums secured by this Dred of Trust.
<br />with the excess. if any, paid to Borrower. [n the event of :~ pasta! taking of the Propert}•, unlexs Borrower and Lender
<br />otherwise agree in writing, there ahatl be applied to the sums secured by this Derd of Trust such proportion of the proceeds
<br />as is egtwf tc that proportion which the amount of the soots ;ecured by this iked of Trust immediately prior to the date of
<br />taking bears to She 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 Bormx•er, or iF, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim Cor damages, Borrower faits to respond to Lender within 3B days after the date such notice is
<br />mailed. Lender is authorized to collect and appi}• the proceeds, at [.ender's option, either to restoration or repair of the
<br />Property or to the sums ,ecured by this Deed of 'frost.
<br />Unless Lender and Borrower otherwise scree in writing, any such anplicatior. of proceeds to principal shall not extend
<br />or postpone the due date nt the monthly installments referred to in paragraphs i and 2 hercaf nr cF.ange the amount of
<br />such installments.
<br />IQ. Borrower Not Rrteasrd. Gxtensien of the time for payment or modification of amortization of the sumz secured
<br />by this Deed of Trost granted by Lender to any successor in interest of Borrower shall nut operate to release. in any manner,
<br />the liabiltry of the original Borrower and Borrower's successors m interest. Lender shall not I>c,reyuired to commence
<br />proceedings against such successor or refuse «, extend time for payment or rnherwise modify amortization of the sums
<br />secured by this Deed oC Tnust h}' reason of am' demand made by the oneinal Borrower and Borrower's successors in interest.
<br />I i. Forbearance by f.endcr 1Kpi a iVaivrr. Any fnrixarancc by Lander in exercising any righ[ ar 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 ar other liens or charges by Lcndcr ,hall not he a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by This Deed of "must.
<br />12. Remedies Cumulative. All remedies pmviJcd in [his Decd of Tntst are distinct and cumulative to any other right
<br />nr remedy under this Deed of Trust or afforded by law or eyuity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors ar+d Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shat) hied, and the rghts hereunder shat) inure lo, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragr=aph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed ofTrust arc for convenience only and are not to be used to
<br />interpret or den'ne the provisions hereof.
<br />14. Notfce. Except for any notice required under applicable law to be given m another manner. (a) any notice to
<br />Borcower provided for sn this Deed of 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 />{b) any notice to Lender shall be given by ccrti&ed mail, return receipt rcyuested, 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 shag be deemed to have been given to Borrower or i_rnder when given in the manner designated herein.
<br />35. Uniform Deed of Trust; Governing taw; Severability. This form of steed of trust combines uniform covenants for
<br />national cue and non-uniform covenants with limited variations by jurisdiction 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 />In the event that any provision or clause of this Decd of "Trust or the Note conflicts with applicable law. such conflict shall
<br />not affect other provisions of this t=eed of Trust or the Note which can hr given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Nute are declared to 6e severable.
<br />Fb. Bormweis Copy. Bc[rower shall be furnished a conformed copy nt rhr Note and of tF.is Decd of Trust al the time
<br />of execution or after recordation hereof.
<br />17. Transfer of ibe Property; Resumption. If all or env part of the Property or an interest thetrm rs .old or transferreJ
<br />by $;;rru::rr without Lender's prior wri[trr. consent, cxclnding (a) the crcatior. e` :r !its or encumbrance suf±ordinale to
<br />this Deed of Trust, fh) the creation of a purchase money security interest fcr household appliance, tc) a transfer by Devise.
<br />descent er by o;nration of law tepor. the death of a loin[ tcnaru nc-ld.l•~irer'r ---'-- -'-_,., :-`----. _~ .~-- . ______s_-.
<br />Lender mav, at LendcYs option, declare ^tl the sumssecured h}~ this Dcrd nt Trust ro be
<br />immediately dot and p.;,Vablt. -Lerdxr. shag have u•atved such opiiw: to :tccelrr ate it prior to the Talc ^.~ transfer, Lender
<br />and the person to whom the Property is tc be sohior transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the inrerrst payable on the sum. secured by this Decd ci Tnrst shag he at such rate as
<br />Lender shall request. If Lender has waived the option to aecelcrme provlded in this paragraph 17, and i(Bormwer's successor
<br />in interest has executed a written assumption agrcentcnt accepted m wrong by Lender. Lender shall release Rcrmwer Iron
<br />al! obligations under this Deed of Trust and the Notn.
<br />If Lender exercises such option to accelerate. Lender ,hall mail Bnrro:,cr notice oC aca•Icrdion in accordance wish
<br />paragraph I4 hereof. Such notice shall provide a pr:nod of not ics Than 7U days from the da:e the nonce n mailed within
<br />which Borrower ma}' pay the sums decWred due. It Hon ewer huts to pay such sums poor to the expuauun of such Ix iod.
<br />Lender may, without further notice or demand rnt Borrower, invoke :my rcmrdics permitted he paragraph I8 hereof.
<br />Non-Untr~oant Covennrtts. Burrower and Lcndcr lusher covcnam :uui agree a, follow,:
<br />IN. Acreirralion; Remedies. F.xeepr as provided in paragraph 17 hereof, upon Borrowers breach of an_v covenant or
<br />agreement of Burrower in Ibis Deed of TYusl, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to accderalion shall mail notice to Burrower as provided in paragraph 14 hereof specifying: (1) the
<br />brmch; (21 the action required to cure such breach; (31 a date, not lays than 30 days from the dale the notice is mailed to
<br />Borrower, by which sorb breach most 6e cured: and (31 That failure to cure ouch breach on or before the daft specified
<br />in the notice rosy result in acceleration of the sums secured hp this Dred of Trust and lair of the Properly. l'he notice
<br />shall further inform Burrower of the right to reinstate after acceleration and the righ! to bring a court action to assert
<br />the o-ton-exlsiencr of a defe~lt or am other defense of Bnrmwcr to nccrlrration and salt. If the breach is not eared
<br />un nr before ihr dab spea•'tfied in Iht "notice, Lender al Lendrr'n option may declare all of the wn+s secured by this UeeJ
<br />of Tnest to be immediately due :md payable wilhmn further demand m+d may imokr the power of sale and any other remedies
<br />permitted ht applicabtr law. Cruder shall be entitled M collect all reawnabLr costs and expenses incurred in pursuing the
<br />remedies pen+ided in this paragraph lg, including, but nnf limited to, rrawnablr Jltan+c}'a fees.
<br />[F tier power of ,air is invoked, ~t"nmtee shall r cord a sutler of default in each counW in which tha• I'mprrty or some
<br />Par4 ;breast fs located sad shat! mail conies ol'such notice in the manner prescribed by applicable law to Ilprmwrr and fa the
<br />other per.nns prescribed by applicable law. .Vtrr the lapse of such time as may br required by applicable law, 9'ruslee ,hail
<br />dive public +:ulicr of sate to the itcrsuus and iu Ihr +nam+rr pre,cril+rd 6} applicable Law. Truster, without deutand un
<br />$orrower, shag sell rhr Property at public nuciiun to the highest bidder at rhr time and place and under ihr !eons designated
<br />in the swGrr of sale in one axe more parcels and in such order as Trustee um> determine. 'Lruslrr miry postpone sale of all
<br />or any parcel o€ Ihr Praprrtr by public :mnomurn+rnt at the rimy and place of any previously sa4redulyd salt. Lcndcr cr
<br />lxnder's designee may purchase the Property al any sale.
<br />l'pon n•cripl of payn+rnt oP the price bid, Tnrsla•e shall drliv er b ihr purchaser 'rn+alee', decd n,ma•yin;; the Properly
<br />,add. ~i'hr recitals La Ihr 'Crualrr's deed shall he prima facie ev idrucr aC rhr truth of llxe statrmrnts made therein. Truster
<br />shall apply the pnsurds cf Ihr sale in the fnllnu myy order: tat to nil masnnahir costs and cxprn+c, of rhr ,:de. including. but
<br />nnf lim'vfed fn, i'rusfrr i fees of not more rims ~ i L UE 1 '~ of Ihr gross sale price, reasonable :+ilornry's fee+ m+d costs of
<br />title evidence; !b) to all soma srcur¢d by tbLs Ured of Tn~ 1: and k'I Ihr excess, if any, In rhr peons or pares+, Iegnih' enlillyd
<br />thereto.
<br />E8. Borrower's Ri;:61 lu Reinxlalr. No!u rl!:,tanJing I cnder~~ .~ rcieretinn ni the , inn ~ cd br ih:. Decd n( 'I ru,l.
<br />&xm:ver shall have the right to Ir:n~e :my pr uveeding, begun bs IarnJrr In rulorce Ihn DroJ of l~n nt dncnnnnueJ al
<br />asp tune poor to the c,uhcr in o cur of lit the liilh Jay hcl ore the s:Jo ut the Prol,alty pu rul.rnl In Iha pi, a of sic a,ulaumd
<br />n This Ottd ui Tnul or nil col ry ul a Imirnu•nl rnlmeing this Ucrd n( Tnnt il~ tai Borrower pas, i cnJcr all ,unn whi.h wuulJ
<br />' `. thrl: due tinder ;Im 1)ecJ . ., .the Mule and sole, , - Enlace Advance,. d .,np. hod nr, aaclerarum , rrd~.
<br />thi Hornn+er . ,. ail hrr:,d+c, ul~. other uwrnunts or rnEl cements of Bcrrt,acr t ,stained t rtn, Dred ui l~nnc
<br />te} B,un,uo pay, all i ,able e, pr ~nrrrd by I rnJer soul trustee i col ore mf', the . ~cnant, .mJ .,itrcemenn nl
<br />.vu a ,- is rs . Jcco •- T , : sdor -ing I ~nJer d Trni-- car=Jas pr,,. Idcd '+ p;r.+~raph I+
<br />~, ., f, ireludn~;g~ but rxq I; ::nrd t,,. r.;s:malae a;tea;icy'. .:d ;.!1 !torn„ r rate, , sets a . , !ender min i -. t.,hA
<br />reymre Ir, asuuc Thal iL+c Iricn , f Uus Decd of l-ru,t, I rn Jar'. hnertr,l n. !hr Pn,perrc ;nd Itan~nu er', .d,h);anon r~, ~ ,
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