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9. CoadennrAbs. The proceeds of any award or claim (or damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />fn 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. fn the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agrce in writing, there shall fie applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as es equal to that proportion whit-~ 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 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 the condemnor offers to make
<br />~, an award or mottle a claim for damages, Borzower fails to respond to Lender within 3D days after the date such notice is
<br />mailed, Lenr~r is authorized to collect and apply the proceeds, at [_ender's option, either [o 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 procceds to principal shall not extend
<br />G or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />G such installments.
<br />1B. Borrower Not Rekattr~. Hx[ension n( the time for payment or modification of amortization of the sums secured
<br />by [his Deed of Trust granted 6y Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />r'"~ the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse ;a extend time for payment or otherwise modify amortization of the sums
<br />' secured by this Deed of Trtasi by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />l 1. Forbearance by Lender Not a Waiver. Any forbearance 6y Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a.waiver of or preclude the exercise of any such right ar remedy.
<br />The procurement of insurance or the payment of taxes or other liens or charges 6y Lender shall not be a waiver of Lender's
<br />right to atxxlerate the maturity of the indebtedness secured by this Deed of Trust.
<br />lY. Remedies Cumnlatlve. All remedies provided in this Dced 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 be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the r'ghts 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 agrcetnents of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed of "f rust are for convenience only and are not to fie used to
<br />interpret or define the provisions hereof.
<br />ld. Notice. Except for any notice required under applicable taw [o be given in another manner. (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or a[ such other address as Borrower may designate 6y notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice m Borrower as prorded herein. .4ny notice provided for in this
<br />Deed of Trust shall be dcemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Ueiform Deed of Trost; Governing Law; SeverabBky. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a ur_`.form security instrument
<br />covering real property. This Deed of Ttvst shall fie governed by the law of the jurisdiction in which the Property^ is located.
<br />to the evrnt that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />no[ affect other provisions of this Deed of Trust or the Note which can 1>r given effect without the conflicting provision.
<br />and to this end the provisions of the Deed-of Trust and the Notc are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution ar after recordation hereof.
<br />17. Trmder of toe rrapety; Assumptks. If all or any part of the Properly or an interest therein is sold or transferred
<br />by Borrower without Lenders prior written ccnsent, excluding tor) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (h} the creation of a purchase money security ineerest far hotuehold appliances, tc) a transfer by devise,
<br />desSeat or by operation of law upon the death of a joint tenant or (d) the gram of any leasehold interest of three years or less
<br />riot containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sate or transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agrcernent in writing [hat the credit of such person
<br />is satisfactory to Leader and that the interest payable on the sums secured by this Deed of Trust shall be a[ such rate as
<br />Lender shall request. If Leader has waived the option to accelerate provided in this paragraph ! 7, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Dced of Trost and the Note.
<br />If Linder extrcises such option to accelerate, Lender shall mail Borrower notice of accelersiion in accordance with
<br />paragraph !4 hereof. Such notice shall provide a period of not less than 3D days from the date the rattice is mailed within
<br />which Borrower may pay the sums declared due. [f Borrower fails to pay such sums prior to the er,piralion of such period,
<br />Lender may, without further notice or demand en Borrower, invoke arty remedies permitted by paragraph 18 hereof.
<br />Mot+-UwrOttrts Covetvenrs. Borrower amt Lender further covenant ared agree as follows:
<br />IS. Accekrstlos; Remedies. Except ~ provided is pt.ragrapb 17 hereof, upon Borrower's breach of any covenant or
<br />agreeaKat of Borrower is this lleed of Trost, inclydtrtg the coresaab to pay when due any stints secured by this Deed
<br />a.' Tr;~, Lesdx prate to rtecltr°'~-_ shalt ~ entice io Sorrovver n provided is patfttrapb 1$ hereof specifying: (1) the
<br />~raeb; {3) for acting rsgnired to cove such bmxh; (3) a date. nst less these 3!1 days from the date the rwticr is rsailtd to
<br />lorrower, by which such breach mwt fie cured; and [4) that failure to care snob breach os or before the date specified
<br />is the teotlee nay resuh is acceferatios of the auras secured by ibis d)red of Trust acrd ask of the Property. The notice
<br />shay fuelbtr inform Borrower of the right to rei~Ne meter accderrfion acrd the right [0 bring a court saNion to assert
<br />the twn-eaciprace of a dtefault or any other defense of Borrower fo accektatios a~ sak, If the breach is rwt cured
<br />oa oe before the date specified iw the notice, Leader sN I.raders oprros raay declare all of the sums secured by ibis Deed
<br />of Trust to fie ismediattly due sad payable xithout fgrti3~er draranrt aed cosy invoke [hr powu ~ she aed any other remedies
<br />permitted by appBcabie law. Leader sha8 be aNitled to ati.." ,: all reasasabie costs and expenses incurred is pursuing the
<br />remedies provided ~ tbic pmagrapb 18, isefadiag, but sot limited to. reasonable attorney's fees.
<br />If tJre power of sale is isvabed, Truster shall record a notice of detaalt 9n each rnunty iu whfeh the Property oe some
<br />part thereof is located sad sbaB mrt~ copies of writ notice in the manner prescribed by applicable law to Borrower sad to the
<br />other prrsoas Prescribed 6y apPBcabk law. After the hpse of such time as rsay be required by aPpBcahle taw, Trustee shall
<br />giro pubBc notice of sale to the persons aad in the manaea prescribed by apPiicsbfe law. Trustee, without demand tin
<br />Borrotvrr, sbaB salt the Property a! public eiecliop to the highest bidder st !be time sad place and nailer the terrors designated
<br />Ms the rtotkro of sale re one or more Parcek sad in such order ffi Trustee may deleratine. Trustee may postpone sale of a8
<br />w any parcel of for Property by pnbtic ansouncemeat at the time sad place of say previwtsly schedakd sale. Leader or
<br />Leader's desi;ace ~ Purchase the Property at any stile.
<br />Chou receipt of payment of the prier bid, Trusla shall deliver to for purchaser Tnrstee's dead conveying the Propeuyy
<br />a¢Id. The reeitak k ibe Trustee's deed sbsB he prima facie evidentt of the truth of the sialesraab made therein. Trustee
<br />>t appl t~ paosrsds of tbt• s~ ~ for f~w~g ordrr> (a) to a9 rrasotrablt casts and ex~ses of tFx sale, 3eer!udisg. ~t
<br />ao# wed b, Trustee's fees of s~ more tAan ps ~#. of the gr~ sale Price, reasonable attorney's fees and costs of
<br />ties evldewce; (b} to a9 snms secured by this Deed o~ Tras1; and (c} the excess, if any, to the person w petsom le;a8y entitled
<br />fbwels.
<br />19. Rpnaxer's Y1Bkt ~ Reisrtate. Notwithstanding Lender s acceleration of the snms secured by this Deed of Trust.
<br />&ttrowrr shalt have the right is have any proccedings txgun by Lender to enforce then Drcd of Trust discontinued at
<br />~y tevne prior ro thx earlier to untie of {]) the fefth day t>`fore the sat;, of the Property pursuant to the paver of ale comairred
<br />in [his Orxd of True! or (ii) entry of a judgment enforcing this Decd of Trust if: tor) Borrower pays Lender all sums which would
<br />fir then duo urkkr this Deed of'1'ntst, the Note and notes souring Future Advances, if any, had nor acceleration xcurreil:
<br />(h) Borrower cures ail breaches ofrny other covenants or agreements of borrower contained rn this Dred of 'trust:
<br />[c) Borrower pays ail reasonable expenses incurred by Lender and Tnrstec in enforcing the covenants and agrcemertts of
<br />Borrower t:onrarrtrd in thix Deal of Trust and rn enforcing L.ender's and "Trustee's remedees ns provided to paragraph t t?
<br />buwf, uxludeng, but nut Limited to, reawnable attorney's fern: and till 8orn:wer takrx such action as L.endrr Wray reasonably
<br />rrquue to axsurc that the Ireo of Ihrs '.3~vcd of Trust, t.ertdmr's interest .n nc~ Property and Dorrower's +rbligatrorr to ~~:+y
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