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<br />9. Condemnation. The proceeds of any award or clairn for 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 shah be paid to [.ettdcr.
<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 anyr paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwiu agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is aqua) to Lhat proportion which the amount of the. sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears io the fair market value of the Properly immediately prior to the date of inking, with the balance of the proceeds
<br />paid Ee Borroter.
<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 cattle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to 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 I and 2 hereof or change the amount of
<br />such rnslallmcnts.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Reed of Trust granted by Lender to any successor in interest of Borrower shill not operate to release, in any manner,
<br />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 to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Decd of Trust by reasor, of any demand made by the original Borrower and Borrower's successors in interest.
<br />i f. Forbearance by Lender Not a Waiver. Any Forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwiu 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 or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturiey of the indebtedness secured by this Deed of Trust.
<br />12. Remedks Cumufatire. 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 or equity, and may be exercised concurrently, independently or
<br />successivelyy
<br />13. ~rce~ors and Assigns Bound; )ofnt and Several Liability; Captions. The covenants and agreements herein
<br />contained shall 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 captions and headings of the paragraphs of this Deed of Trust are for coyvenience only and are oat to be used to
<br />imerpret or define t!s provisions hereof.
<br />14. No&rt. Except for anv notice required under applicable law [o he given in another manner, (a) any notice to
<br />Borrower provisfesl for m this Deed o[ Trust shall be given by mailing such notice by certified mat! addressed to Borrower at
<br />the Property Address or ai such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lendu shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may duignate by notice [o Borrower as provided herein. Any notice provided for in this
<br />Decd of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national uu and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real properly. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />[n the event that any provision or clauu of this Deed of Trust or the Note conPicts with applicable law, such conflict shall
<br />not afleM atlur provisions of this Deed of Trust or the Note which can he given etfect without the conflicting provision,
<br />avid to ¢his teed the provisions of the Deed of Trust and the Note are declared to 6e severable.
<br />16. B>urewer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />Y7. Trirsfer of the Property; resumption. If ail ar any par! of [he Property or an interest therein is sold or transferred
<br />by Borrower without Lender`s prig written conunt, excluding (a) the creation of a lien or encumbrance subordinate to
<br />•his Deed of Trust, (b} the citation of a purchax money security interes: for hotuehoid appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the gran[ of any leasehold 'rn[erest of three years or less
<br />not rnntaining an option to purchase, Lender may, at Lender's option, declare ail the sums secured by this Deed of Trust to be
<br />immediately due and payable. Isrtdtr shall have waived such option to accekra€e if, prior to the safe or transfer, Lender
<br />and the person to whom the Property is to Fx said or transferred reach agrttmcnt in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Linder shag requnt. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agrttment accepted m writing 6y Lender, Lender shall release Borrower from
<br />a}I obligations under this Deed of Trust and the Note.
<br />!f Lender exercises such option to accelerate. Linder shall mail F?orrowtr notice of acceleration in accordance with
<br />pa raph 14 hereof. Such notice shall provide a period o[ not !ess than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sutras declared due. If Borrower fads to pay such Burns prior to the expiration of such period,
<br />Lxndtr may, without further notice car demand on Borrower, invoke any remtdres permitted by paragraph 18 hereof.
<br />Noty-UN[FORM CovenartTS. Borrower and Lender further covenant end agree as follows:
<br />ig. Acctkralion; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of soy coaenanl or
<br />agreement of Borrower in this iyted of Trust, inclndirtg the covenants to pay when due any sutras secured by this Died
<br />of TrnW, Lender prior to acttltration shat! mail notice to Borrower as provided in paragraph 14 hereof specifying: {I) the
<br />breach; (2) Ibe action required to cure such brcuh; (3) a data not less than 30 days from the date the rrotice ps mailed fo
<br />Borrower, by which such breach mtux be cnrtd; and (4) that faihue to rure such breach on or before the date specified
<br />in :bt notics may result in acceleration of (lee cams secured by this Deed of Trust and sale of 16e Property. The notice
<br />shag fnttber iaferm Borrower of the righE [o reinstate after acceleration and the right to bring a court actfow to assert
<br />the floe-eatgettct of a detaui! or any other defense of Borrower !o acceleration and safe. If She breach is not cured
<br />oe or bdorc the dote specified in the reolicq Lender at finder's option may decluc ail of the sums securtd by t6~ Deed
<br />of Trust to bt immediately dtee and payable wittwut further demand and may invoke the power of sale and soy other remedies
<br />permhted by applicable law. Gender shall be tmitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided io ibis paragraph 7$, including, but not limited tn, reasonable attorney's fees.
<br />tf the power of Bak ig invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part (hereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to tier
<br />other persons prescribed by applicable law. After the lapse of such tune as may be required by applicabte,law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law, Trustee, without demand on
<br />Borrower, shall stB the Property at puWpe auction to tbt highest bidder al the time and place and under the Perms designated
<br />pn the notke of saps in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />w soy parcel of Ibe Property by public announcement at the time sad place of any previously uhednied Bak. Lender or
<br />GeerBer's designee may ptrrcbase the Property at any sail,
<br />Upon receipt of payment of Bhe price trill, 'Crustee shalt dtlirer to the purchaser Trustee's deed conveying the Property
<br />sob. The recitak in the Trtstee's deed shall be prima Fuk evidence of the truth of Ibe statemewty made (herein. Trustee
<br />shall apply the proceeds of the sale in the folfowiag order: (a) to all reasonable casts and expenses of the sate, including, but
<br />not tiarited to, Trustee's fees of lint more titan ~ of the gross sale prier, reasonable attorney's fees and costa of
<br />thle nridenee; (b) fo a8 sums stcnred by this Deed of Truck and (c) the excess, if any, to the person or persons legally etelilled
<br />tlisrefa
<br />19. Boaower's Right to Reinstate. Notwithstanding Lendei s acceleration of the sums securtd by this Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any tuna prior to the earlier to occur of (i} the fifth day before the sale of the Properly pursuant to the power of sale contained
<br />in this Deeaiof Trust or (ii) entry of a judgment enforcing this Deed of Trust iL' ta) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration txcurred;
<br />(b} Borrovrcr cures apt breuhes of any other covenants or agreements of $arrower contained in ttais Deed of Trust;
<br />(c} Borrower pays all reasonable esptnses incurred 6y t-ender and Tnisttc in enforcing the covenants and agreemens n/
<br />Borrower cattlamed in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided m paragraph 18
<br />hereof. including, but not limited to, reasonable attorney's tees; and (d) Borrower takes such action as Lender may rca:onahly
<br />require to assure that the lien of this Dttd of Trust, tender's interest in the Property and Horrowe['s obligation to pay
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