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<br />81-~)(~t'~l~
<br />9. Cendemastbe. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or (ar conveyance in lieu of condemnation, are hereby assigned
<br />and shad he paid to Lander.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In the eve-! of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shaii be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is ritual to that protxtrtion which the amount of the sums secured by this Deed 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 halance of [he proceeds
<br />pail! SL' L.r^.,rra6:'eF.
<br />If the Property is abartdaned by Harrower. or if, after notice by Lender to Borrower that the condemnor otters to make
<br />an award or xttle a claim for damages. Borrower fails to respond to Lender within 30 bays after the date such notice is
<br />mailed, Lender is authorized to cotf~t and apply the proceeds, at Lender's option, either to restoration ar repair of the
<br />Property or to the sums secured by this Deed of Tntst.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall no[ extend
<br />or postpone the due date of the monthly installments referred to in paragraphs !and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Relea~d. Eztensior. of the time for payment or 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 manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shat) not be required to commence
<br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and 8orrower's successors in interest.
<br />1 f. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising arty right or remedy hereunder, or
<br />otherwise afforded ny applicable taw, shalt oat he a waiver of ar preclude the ezercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens er charges by tender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the mdeMedness secured by this Deed of Trust.
<br />t2. Remedks Cumutativt. All 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 ar equity, and may he exercised concurrently, independently ar
<br />su~ively.
<br />l3. Succemors aed Assi~s Bawad; Joie! and Severe! LiabtC3ty; Captions. The covenants and agreements herein
<br />contained shalt bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. .All covenants and agreements of Borrower shall be joint and several.
<br />The options and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define t~ provisions hereof.
<br />td. Notice. Except for any notice required under applicable law !o be given m another manner. (a) any notice io
<br />Borrower provided for in this Detd 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 />tb} any rtrHise to Lender shaii be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Ixnder may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shaii tx deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Trmt•. Goverrrirgf tsw; Severabitity. This form of decd of trust combines uniform covenants for
<br />national ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering rml property. This Deed of Trust shaii Fa; governed by the law of the turisdiciion in which the Property is located.
<br />In the even[ that any prevision or clause of this [ked of Trust or the Nate conflicts w°i[h applicable law, such conflict shall
<br />not affect other provuiom of this Deed of "Trust ar the Note which can be given effect without the conflicting provision.
<br />and to this etas cite provisions of the Deed ut Trtut and the Node are declared to he severable.
<br />if. tEierrower's Copy. Borrower shall be furnahed a conformed copy of the Nole and of this Deed of Trust at the time
<br />of ezecutian or after recordation hereof.
<br />t7. Taroter of tie Property: A$nmptiae. If all nr any part of the Property ur an interest therein is sold or transferred
<br />by Borrower without Lender's prior writtrn consent, excluding ia} ltae creation of a lien or encumbrance subordinate to
<br />D ~I sf T. , (b} t a creai;ar: of a ptrrcbase n;oney security interest far household appliances, ic) a transfer by devise,
<br />ekscent or by opeeation of taw upon the death of a luint tenant or id) the grant of any leasehold inteces[ of three years or less
<br />not containing an option to purchase. Lender may, at leader's option, declare alt the sums secured b}• this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such upuon to accelerate if. prior to the sale or transfer, Lender
<br />and the person co whom the Property is to be sold ur transferred reach agreemem in writing that the credit of such person
<br />is satisfactory to Lertder and that the interest payable an the shins secured by this Deed of Trust shall be at such rate as
<br />lxn~r shaii request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />m interest has exectned a written assumption agreement accepted m writing by Lender, Lender shaii release Borrower from
<br />a{t obligations utnkr this Deed of Trust and the Nate.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph I4 hereof. Such rsotrce shall prowde a period a! nut ?ass than 30 days from [he date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower farts to pay such sums prior to the expiration of such period,
<br />Lererkr may, without fttrther rtotice or demand nn Borrower, invakc any remedies permitted by paragraph 18 hereof.
<br />Non-UNIFORM Coverrstrrs. Borrower and t.ertder further covenant and agree as faltows:
<br />t8. Accelentlioo; Remrdies. Ezcept as peorLied Ln paragraph 17 boreal, opus borrower's breach of say covenaar or
<br />went of Bms~ower is !~ t2ar9 of "!'rm.S, itxludi~ the esvx~ tc pap whee Sae say str~ sxared by ffis Qa3
<br />et Trus4 Lender prier to aceeieratioa shaii mail notice to Borrawer src provided in paragraph td herearf specifying: (t) the
<br />brewch; (2) Ibe acfioa nrgnircd to core such bleach: 13) a dale. oat less than 36 days from the date the notice is maBed to
<br />harrower, bl' witch such breach mrtst be cored; sled t4) !bat failure to cure such breach o0 or 6efare fire date specified
<br />in the tarticr any resrdt In accdertttiau o[ lie wins secured by lire Heed of Trust aed sate of the PtopeAy. The notice
<br />shalt fnrther interm Borrawer of the right to reimtaie after acceleration sad the right to brim a court action to assert
<br />the corn-exiateun of a default or say dher defewse of borrower to acceleradon a~ sate. If the breach is not cured
<br />as ar be#oie t~ date specified is the oatice, Leader st fxaders opsiea awy declare ail of the sums securtd by this Ihed
<br />of Trost fa be rely due sad payable witiaW further demand sad any invoice the power of sale sad any other remedka
<br />permitted try appiieabie law. Lender shag be eatitkd to eoBect all reasooabls casts Lind expenses incurred in pursuing the
<br />remedks pmritkd Le this paragraph 18, incltrdipt, but rroi &mied to, reaserraWe attorney's toss.
<br />if the power of sale is Laratted, Trustee sioB record a ttatice of default in each county in which the Property or some
<br />part thereat is heated sod slraB mail eepim of sorb rxrlice in the manner prescribed by applicable taw to Borrower aed to the
<br />atiGr pees prescribed by taw. After Flee tapse of such time a, may be requir~i by applic~ .eq, T :~.ze -,ham
<br />love pnMk notice of sak to the peesoru amt La lire maunrr prescribed by applicable taw. Trmtee, wilianl demand on
<br />Barrawu, shoB t¢dl the Property ~ public auctioe to the highest bidder at the time sod place and nttder the lrrazs designated
<br />ie ffie notice of sate u one or sere parcels sad ie such osrkr as Trustee rimy determine. 'Trustee may pestpoae sale of ail
<br />or my parcel aE tie Property 19 public aanounctweM at the time and place of any previously schedded sak. leader or
<br />I.rader's des~nee may ptmrints We Property tl say sale.
<br />Upon rtnreipt of pay~m of lie ptke aid, Trustee shalt deliver to the purchmer Trt~tee's deed conveying Ehe Property
<br />mil. Tar rec$tds is tie Trustee's deed shag 6e prima facie evi~oce of tie [ruts of tie s!alenreats made tlrereie. 7'raslre
<br />sitt6 apply the pm of tie she Le tie fotlowitgi order. {a) to all reasouabk casts sad expenses of tie sate, iuciudirp{, but
<br />fret BarWN 1e, ~ Frss of not more tlwr p 5 °e of tie Rrors sak price, reasoaahk attorney's ftes and costs oP
<br />ttrdt (~ 1a aB secated by tbia I4eed of Trxq: and tc) flee ezresa, if any, to the person a perxom fegaity eatilted
<br />t9. Borrower's Right to Rslastatr. Natwrihstanding Lender's accakratiun ut the sums secured by this Deed of Trust,
<br />Bornrwer shall have the right to have any proceedings hrgun by lender to enforce this Dr:ed of 'T'nrst discontinued at
<br />any time prior to the earlier to occur of Cr) Ehe fifth day before tCte sak of the F'raperty pursuant to the power if sale contained
<br />to this Deed of Trtast ar {ii}entry of a judgaaent enforcing this Deed of "trust tf' f a) Bnrrowcs pays 1 ertdcr all sums which would
<br />Ile then due uttder this heed of Tnest. the Note and notes securing f=uture Advancers, tf any, had no aviceleration cxcurred:
<br />fiz) Barrowrr cures all Ixsaehc's oI any otttet cavenartts or agreements of Borrower cuntaencci rn this C1zrd ul Trust:
<br />6c3 Borrawer pays ail reasonabM exprrtses trtcttrted trv Lrndec and T•rusfee in enforcing the covenant, and agreements ..f
<br />Borrrrwct c+attvinrd ir_ [his Dasd of '?'rust and m Enftrrcing t.crda{< and Ttnatee', renutieaw as providcKt en paragraph ! x
<br />!tereart, itr4:tndirr({, cwt not liatited tn, reasonable auurncv's fees, attd {dt Bornrwer taftea serch action as i ender r•.xa} rtasonahiv
<br />+xaiuire t..x aaxur¢ rhae the lien of tins t7eed of trust. ~¢ Fader'. mtnrcvt :n the Pr.;pr;rty .rod I3nsruwc~t'} .xbtxga[ion to t,.xy
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