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<br /> 9. ('t,ndemnatioa. The rKXYc~h of any atww,d or claim for darnrg+es. dart or consequential. in connection with a'ay
<br /> conecntr,,ation or o:')cr takinf, Cr the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br /> and shalt be Paid 1n lender
<br /> In the event of a total taking of the property. the proce,cds shall be applied to the surns secured by this Dced of Tent,
<br /> with the excess, if any, paid to Borrower. In *r event of a partial taking of the Property, unless Borrower and Lender
<br /> otherwise egret in writing. there shall t+c apptiacd to the sums secured by this Deed of Truest such proportion of the proceeds
<br /> as is equal to tha! proportion which 'tic amount of the sums scarred by this Deed of Trost irnrivdiately prior to the date of
<br /> taking hears to the fair market value of th- Prnprny immediately prior to the date of taking with the balsnct of the proceeds
<br /> Paid to Borrower.
<br /> If the Property is aban,loned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to tnai t:
<br /> an award or nettle a claim for damages. Borrower faits to res;o-W w Lender within 30 day% after the date such notice i.c
<br /> retailed. Lender is authori.tcd to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br /> Property (-tr to the sums secured by this lr)ccd of Trust.
<br /> Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to princiral shall not extend
<br /> or postpone the duc date of the monthly installments referred to in paragraphs I and 2 hermf or change tht amount of
<br /> such installments
<br /> 10. Borrower Not Release& E•.tension of the time for paytritnt or -ne-dification of amortization of the sums secured
<br /> by this Deed of Trust granted by 1 ender pct any successor in interest of Borrower shall not operate to reiea%C. in any manner,,
<br /> the liability of the t?rrginal Surra:tw•rr anti BOrrOvi'cr's succttsors in interest. I.acrAcr shA not be required to comt»ence
<br /> proccedin s. against such successor or refuse to extend tirrw for payment or otherwise modify' amortization of the turns
<br /> secured by this Deed of Trust by rea-son of any demand made! by the original Borrower and Iioarrower'.s successors in interest.
<br /> 11. +F'or5earan-ce by Lender Nat A Waiver. Any forbearance by lender in c.,tcrcising any right or remedy hereunder-, or
<br /> ntherwisc affnrdrd by applicable taw, shall not be a waiver of or preclude the exerci,*c of any such right or remedy.
<br /> The procurement of insurance or the payment of taxes or other liens or charges by Lend-er shall Pat be a waiver of Lender's
<br /> right to accelerate the, maturity or the indebtedness secured by this Decd of Trust.
<br /> 12- Remv-f,;" 1CumtkIzti;e. Ail rcmcdic-, provided in this Deed of Trust are distinct and cumulative to any Other right
<br /> or remedy un6rr this, Decd of Trust or afforded by law or equity, and may be exercised concurrcntly, independently or
<br /> successively.
<br /> 13. Sucer'sors and ,Amigns fTound; Joint and Sevr;ta) I_JabilWr. Captions, The covenants and agreements herein
<br /> contained shall hard, and the rights hereunder shall inure to, the respective succe sons and assigns of Lender and Borrower.
<br /> subject to the provisions of paragraph 1 hereof. All cvvcnarrts and agreements of Borrower shall be joint and several.
<br /> 'I-bc captions and headings of the paragraphs of this Deed of -i rase are for convenience only and are no: to tee used to
<br /> inici`pict or define the provisions hereof.
<br /> 14. Notice. LM.cpt for any notice required uniicr appl:cable liw• to be given in another manner. (a) any notice to
<br /> Burrower provided for in this Deed of Trust thall be giver, by mailing such notice by certified mail addressed to Borrower at
<br /> the Property Zdrms or at such other address 2s Borm'xer t`iay e.4=ignatc by notice to Lender as provided herein, and
<br /> (b) any notice to Lender shall be given by certified mail, relvm recript requested, to )Lender's address stated her6n or to
<br /> such other address as Lender Wray 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 I.cndtr when given in the manner designated herein.
<br /> 15. Uniform Deed of Trust; Governing liar; Sevetability. This form of deed of trust combinc5 unifo:`m covenants for
<br /> n2tic.n.7,1 utc and non-uniform covenarts with limited variations by jurisdiction to com,tilule a uniform security insimment
<br /> rorcrigg.rra4l~sccspcst). 7~tsx Ind of Trust shall be governed by 11~c law of the jurisdic'.ion in which the nroper:y is located.
<br /> In:t '".~+t thltYazay provi_'ion or rftw::.c of ;his Di-e± of Trust or the ;vote conflicts with applicable law, such conflict shall
<br /> no! other+ riir7stvn3 c+f this Deed -4 Trust or the Note which can be given effect without the conflicting provision.
<br /> Am try thlfi Wild brb Pions 91 the Deed of Trust and the Note are declared to he severable-
<br /> ""1 'Rorrrrwer's Maps. Horrowtr shall be furnished a conformed copy of the Mote and of this Decd of -l'ru%z at the tirr,e
<br /> of execration or after recordation hereof.
<br /> 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or tranafcrred
<br /> by Rory v.,cr without Lender's prior wriucta consent, c,:eludtrig (a) the creation of a lien or encumbrance subordinate to
<br /> this Deed of Trust, (b) the creation of a purchase money security interest for household appliances. (c) a transfer by devise,
<br /> descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br /> not containing an option le purchase. Lender may, at Lender's option, declare all the sums secured by this Uet:d of Trust to be
<br /> immediately due and payable, i,cnder shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br /> and the person !o whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br /> is satisfactory to Lender and that the interest payable on the sums secured by this peed of Trust shall be at such rate as
<br /> Lender shall request. Ii Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br /> to interest has cxccu!ed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br /> ail obligations under this Deed of Trust and the. Note,
<br /> If Ltpder exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br /> paragraph 14 hereof. Such notice shall provide ;a period of not less than 30 days from the date the notice is mailed within
<br /> which flcin,ewcr may pay the rums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br /> Lender may, without further notice or demand on Borrower, invoke any rernedies permitted by paragraph 113 hereof,
<br /> NnN-UNIFORM C1wrrs.A.N-r3. Borrower and Lender further wvcnant and agree as follows:
<br /> 18. Acceirt•atioln Ltecntdim Except as provided in paragraph 17 hereof, upon R81"Mwees breacb of any cu+enanl or
<br /> agreement of Borrower in this Derd of Trust, including the cnvenants to pay when due any scams sctvrcd by this Deed
<br /> of Truss. Ltndrr prior to acceleration shall rrnsil notice to Borrower ss provided in paragrttpb 14 btreof specifying; (1) the
<br /> breach; (2) the Action required to ewt: such breach; (3) a date. not leas titan 30 days, from the date the notice is maned to
<br /> Borrower. by vrWth such breach tares he cured; And (4) that failure to rare such breach on or before the date specified
<br /> its the notice may rr.:ul( in acceleratwn of the sums secur-M by this Dv,-d of Trnxt and sale of the Property. Toe notict
<br /> ..hall further inform Borrower of 041, right to rrinstate after acceleration and the right to bring a court action to Assert
<br /> the nun-existencr of a default or -w,l :dher defense of Borrn-ter to acceleration and parse. If the bre) Alt is no curs`d
<br /> or, or hrfort the date specified in tote r;.atice. Lender at bender's option may declare all of tht sums secured by this Deed
<br /> of Trust to be immediately due and payable without farther demand and may invoke the paver of We and any other n n;edies
<br /> wr-misted by applicable law. Lender shall be entitled to collect all reasonable casts and tatpenscs incut:,Vd in pursuing the
<br /> rani die, provided in this paragraph 18, incli"ing, but not limited to. revsonatde sttorneyas feet.
<br /> It the power of sale is invoked, Trustee shall record a notice of default i:s each county its which the properly or sot,te
<br /> part thrrtof :s located and shall mall copies of such notice in the manner prescribtrl by apfilicahle lair It, Rerrower and to the
<br /> other person-, pr"Cnbed by applicable law. After the lapse of such time as may be required by Applicable law. Trustee shall
<br /> give publi^ notice of sale to the persons anti in the nsanner prescribed by applicable late. "l; easier. without dernt ad On
<br /> I4orro+.rr, shall sell the Property at public auction to the highe!"t birder at the time and place and under the terries designated
<br /> in the notice of •alr in one or more prarrets and In myeh order as Trustee miry dtlersrtine. Truo" may postpone sal of all
<br /> or any pause) of the Property by public arnncwneernent at the brine and place of any previopsly achedtuled salt. Lender or
<br /> lender's design" may purchase the Property At any sate,
<br /> Upon mc•rlpt of p;ryment of the prk.e +.tid. Truster shafi Aeliver to the pnrrhs!'scr Trustee"s de+rd conveying the Property
<br /> „ld. The recitals in the Trustre'i deed dials be prima facie evidence of the (meth of The stalenussts made therein. Trustee
<br /> sban apply the proceeds of the sale in the fnllct.ri1T order. (a) to all cerasonabk enacts and expnrses of the auarle. including. but
<br /> rw-limited to, Trustee's fees of root ,store that, 05 % of the grOVJ soak price, reasonable Attcintey's tees and costs of
<br /> title evidence, (b) to all sinus secusxd by this rk-ed of Trust; and (c) tNt r.xcess, if tiny, to the person or pertens IexA11y entitled
<br /> thereto.
<br /> 19. Rorrower's Rigbt to Re4ens:tare. Notwithikanding Lender's ac.~cc!cr'Ation Of the sum% secured by this Deed of Tru%%
<br /> ficrr:?wry shalt have the right to have amy proceedings begun by lender to rndorce this Deed of -fruit discontinued at
<br /> env time prinr to zhc earlier to occur of (i) the fifth day before the sal of the property pursuant to the power of sale contained
<br /> in this, Dcc d of Treys, - till entry of a jtidf.ment ertforring this Decd of Tn,st if' (a) Borrower pays Lender All tutees uhach wcnuld
<br /> ter t,7cn dot, trrrdzr then r)rtd of Tr-ost, the. mote %nd ttotcs rearing Future Advances, if any, lead no acceleration occurred;
<br /> (h) Fs<,rrrwe• curt--s all breachei of ana ether cowmarsis or ai!reernent.s of Borrower contain-cl in this teed of Tnrst;
<br /> tcl l- Tit»er p;o', at1 rr:rsonable expcnw,t incurtcd r•v Lcrtitr And Trzrstec in enforcing the o,-crar:t.s and agreerttrnis or
<br /> t > rc,ti.r c ^ta r cc1 ere tf,:s llted of Trust and in cr,fofc-t: I.criders and Trustee's rcmcdiea ar lrror lied in paragraph 18
<br /> tree. C a cr.,cit t ~rt lot iimi:csa tn, rtau:rtablr ate,:>sney s fees; a,r,d (d) t)orrrtwer takes such action ar^r Lender may reasonably
<br /> a .+'le+ rr z, a . urr ,`,art 'stir ,.,-m of this Deed of rust, l.,tndrr's lrtttresl in :he Pro;xtiy arid bo;rtrwrr'b obligatiem tit -pay
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