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<br />9. CotrdemaaHoa. Thz proceeds of any award or claim for damages. direct or consequential, in contrectian with any
<br />condemnation or other taking of the Property, or patt thereof, or [or conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />in the even! of a total taking of the Pmpetty, !hr proceeds sfiail be 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, theca shall be applied to the sums secured by this Deed of Tntst stxh proportion of the proceeds
<br />as is equal to that proportion which the amount of tF•.e sums secured by this Deed of Trust immediately prior to the Batt 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 Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he condemnor offers to make
<br />an award o; settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such aoGce is
<br />mailed, Lender is authorized to collect and apply the proceeds, at LetWer's option, either io 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 principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />1U. Borrower No! Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Decd of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the anginal Borrower and Borrower's successors in interest Lender shall no[ be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured h}• this Deed of Trtst by reason of any demand made by the anginal Borrower and Borrower's successors in interest.
<br />! 1. ForhKarance by Lrttder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise atTnrded by applicable law, steal! not he a waiver of or preclude the exercise of wry sueF. right ar remedy.
<br />Tae procurement of insurance or the payment of taxes or other liens or charges ay Lender shall not ?re a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured ay this Deed of Trust.
<br />12 Remedies CumWatire. All remedies provided in this Deed of Trost are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afTorded by taw or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Asafgus Bound; Joint and Several Liability; Captiorrs. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure tq the respective successors and assigns of lender and Borrower,
<br />subject to [he provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />7lre captions sad headings of [he paragraphs of ibis Deed of Trust are for convenience only and are not to be used [n
<br />interpret or define the provisions hereof.
<br />14. Notice Except for any notice required under applicable law to he given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trost shall be given by mailing such notice by certified mail addressed to Borrower at
<br />[he Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Linder shall be given by certified mail, 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 />Decd of Trust shall be deemed to have been given to Borrower or 1_ender when given in [he manner designated herein.
<br />15. Uniform Deed of Trust; d;overning Law; Severabi-fty. Thic (orm of decd of [rust rombinrs uniform covenants for
<br />nations! use and non-uniform covenants with limited variations by jurisdictian to constitute a uniforru security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdictian in which the Properly is located.
<br />fn the even[ that any provision or clause of This Decd of Trust or the Note mntiicts with applicable law, such conflict shall
<br />not a2ect other aravisioas of ;his Ceed of Trust or the Nate which can to given eBect without the conflicting provision.
<br />and to this rod the provisions of the Deed of-Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished :r canformrd copy of the Note and of This Deed of Trust at the timz
<br />of execution or after recordation hereof.
<br />37. Tt•aasl'er of the Proptxty; Asgrrmpliox. If all ar any parr of the Property or an in[crest thrrrin is sold or transferred
<br />':° 3arrov;e: without Lender's p: for written wrsent, zxcludirg (:+{ the creation of a iia ,r encumbrance subordinntr to
<br />this Deed ot'irust, fb) the creation of a purchase money secunty interest to houusehold appliances. let a transfer by devise,
<br />,!vsce.^.t ^r by operation of !aw uwr. tF.s death .:; a 1<i:rte te, :;nt or l d; ih? grins .ti any fe_sz4etd imcr~=st of tflree }cars nr'ess
<br />at n - tong .an uptwr•, to purchase, t ender •na• t .;ndzr v rpti m, declare all the sums secured hs this Urrd of Trust to fx
<br />.mm.~.atet and Y .hle. ..ender steal; a. wzd --+ch optic- - - it, nnar yr nc~ lair or transfer, i.rn~trr
<br />and the person to whomrthe Properly is to be sold or transferred reachrragreemznrrin writing that the credit of such person
<br />s tistariory h} i-rndrr and chat Chr ivterese puyahic on rite sum. sttureti by leis Decd of Trust shall be at such rare as
<br />Isnder shall requa[. It Lender has waived the option ur acaclerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has e.xecu[ed a written assumption agnremen[ accepted m wntwg by Lender. I ender shall release Burrower from
<br />all ohligauons under this Deed of Trust and the Note.
<br />I[ Linder ezerdsrs such option to accelerate, Lender shall mail Borrower nWicc of acceleration ut accordance wuh
<br />paral!raph 14 hereof. Such notice shalt provide a pert xf of nut Icss than i(1 da)s Imm the date the notice is mailed within
<br />which Borrower may pay the sums declared due If Borrower twits in pay such wens poor m the rxpiratinn of such period.
<br />Lender may, without further notice or demand nn Borrower, invoke an} remzdizs permitreJ by paragraph I g hereaf.
<br />NUN-f1N11'naM CarrNAN T^. Barrawrr dad I_rndrr IUrlhe"! rtlrrllam and agf •e aS Inflows:
<br />lU. acceirmtioa: Remedi¢.i. lixcepl as provided in paragraph 17 hereof, upon Borrower's breach of any covenwu ur
<br />agreement of Burrower in the lyerd of Trust, including /he covenants to pay when due wry sums secured by this Deed
<br />of Trust, Carrier prior to acceleration shall mail notice to Borrower as provided is puagttsph ti hereof specifying: (p the
<br />brau~h; (2) [he adiou reyuirea fo cure such breach; 13) a date, not less than 3U days from the dale the notice is made) la
<br />turower, by whicfi such breach mxst be cored; and (4) /bet failure to cure such breath on or before the date specified
<br />in the nutlet may resWl in aceelera/tan xf the sutra secured by this Deed of Tract and salt of the Property. "ITte notice
<br />shalt further infw~m ITarrower nl the right to reinstate alter acceleration and the right to bring n court adian to river
<br />!Ice pan-rxlstta:ar of a sft(auh ur any other defense of Borrower to aaarleratimt and zalr. If the breach is sal cured
<br />rot ur treture the date specified in the notice, fender al txxder's option may declare all of the runes secured 6y Ibis Herd
<br />of 'Trust 10 6r immediaely der and payable wilhaut further demand and may invoke the power of sale and axy a/her remtedies
<br />permitted by applicaWt taw. I.endrr shall be enlillyd to rolirct ail reasonable rnsls and expenses incurred in pursuing the
<br />:emrlirs provided in /hF: paragraph Ili, including, but not limifed to, retrwnabk altornry's lees.
<br />1( the power ref sake is tat eked, Trxcsire shall rtnrrd n twlicr of default in each coon/y in whkh the Property or snare
<br />pail fhrrcat is letaatrai and shag mail carries of sxeb naricr in the mantrcr prrseribrd by appicable law !x lSxreawer sad fu the
<br />other irerxans prescrfbed by :tpplicablt law. After the lapse of such tinee as may be reyxired by applicable taw, 'I'rusirr shall
<br />give pxblir rwt)rt ref sale W /hr perwuv and in the manner prruribed by apnl/rabla law. 'lYusrer, with.+Er ,ternand en
<br />Borrower, shall srB the Property at puldic auzlion to the highest Wdder al the time and place and under the Ira+us drsigaatrd
<br />in the polite of sale in oat or mare parcels and in such order as '1'mslee troy delermitx. 'trustee mar pwtpunr sale a( all
<br />ar aay parett ref the PrapeHy by public atmauncement at the time and place of axy previously sa•hedaled sale. I.rnder or
<br />Lender'* rks~mt may pxrchw:e the Property at any sale.
<br />Upon receipt of paymrnl aP the prier bid, '1•nrslee shall deliver to the purchaser Trustee's deed conveylaR the Properr
<br />said. -the rxitals ix tae "!'rrWee's deed shalt be prium facie rvidesH:e of the truth of Ibe stalemenh made /herein. Trustee
<br />~aU apply the pruteeds of the sale in Iht tnllowiag order. (a) In all reawnabie ceMtz and expruses pf the sale, itrduding, hire
<br />tea! Smiled to. "fruslce's fees of not more than ".6 of the gross sale price, reasonable attorney's fees and rusts xt
<br />Utie evidrrecr, Tb) to aB sums secured by this Deed of "1'nrst; and h) the excess, if any, lu the person ur prrwns legrally rertitied
<br />thereto.
<br />19. Borrower's Rigitl io Reinslale. Nohvuhstanding Lcndcr's au-clerauun nl the wins +ccuced by ihn Decd of true
<br />Borrower shall have Ihr right to fiave any proceeJings M:gun by Lender m enf nice this eked of 17ost JrsronuaurJ at
<br />xny lime prior to the earlier to occur of 1~) the fifth day before the sale of the Pn,lwny pursuant m lac power of rats ;ontana•J
<br />in this L)rcd of T7uxt or (iq entry o! a judgment enforcing this 1Xed a( "Rux1 iL (a) Borrourr pay: Lcudrr all runts ahirh uau1J
<br />lye thra due under this t1eeJ of Trust, the Note :rod notes stt•unng huu+ro Advances, +t any, had n +rseterauon ua urreJ.
<br />(h) Borrower cures all breaches u( any other awtn anU nr agrecmcnh of Uonowrr coo[airxd rm th+s Decd of Tnla.
<br />iii iiormwer pays art reaaoaabie expenses incurred by Cruder and l7ustec + cnlorc mg the : vrnantz and agrcuurnn ,
<br />Borrawcr contained in [his Tki:d al 'F'rost and in enfurripa t~ndtr's nd -1 rc;slcx~'s remcdir.:,. p::rveJ^d ,• par gra,,h ~
<br />hereaf, including, hire wt limited to, reasonable uttorneY s feet. :rod (d1 fine ~er e:kes +.h eau n. a La ndu nr n.d-It
<br />n:qutru to axvrn• that the hen al this Deed of Tnrst. l,endcr's uvertsl .n dte Propel ty .+nd tlorroucr~. of+hgmum tlo p.n
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