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9. Cotrdemnatlon. The proceeds of an} award nr claim for Damages. direct or consequentiah in connection with any
<br />condemnation or other taking of the Property, or part thereof, nr (nr conveyance in lieu of condemnation, are hereby assigned
<br />and shall he paid to Ixnder.
<br />In the event of a total taking of the Property. the proceeJs shalt he applied to the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower- to the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall Pre applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is aqua! to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking hears to the fair market value of the Property immediately prior to the Jate of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />if the Property is abandoned ray Bnrmwer. or i[ after notice by i.ender to Borrower that the condemnor offers to make
<br />~~ an award or settle 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 b}' this Deed of 'T'rust.
<br />Unless Lender and Borrows otherwise agree ,n wntrng, am- such application of proceeds to principal shall not extend
<br />^a or postpone the due date of the monthly installments referred tom paragraphs I and 2 hereof or change the amount of
<br />-;~ such installments.
<br />10. Borrower Not Released. Extension of the ume for payment nr modification of amortization of the sums secured
<br />1 by this Decd of Trust granted by Lender to any successor m interest ,+f Rormwcr shall not operate to release, in any manner,
<br />the liahility of the original Borrower and Borrower's atccessnrs m interest. Lender shall net he required to commence
<br />r-4 proccxdings against such successor or refuse to extend ume for payment or otherwise modify amortization of the sums
<br />~ secured by this Deed of Trust by reason of am demanJ made by the ongmal Borrower and Borrower's successors in interest.
<br />1 {. Forbearance by Ixnder Not a Waiver. .Anc forbearance by Lender ~n exercising any tight or remedy hereunder. or
<br />otherwise afforded by applicable law, shag not F,e a waiver of nr preclude the exercise of am• such right or remedy.
<br />The procurement of insurance or the payment of taxes o- ~x her !lens or charges be Lender shall not t>e a waiver of [.ender's
<br />right to accelerate the maturit}' of the indebtedness ,ecured by this DecD of Trust.
<br />12. Remedies Cumulative. .411 remedies prodded m this Deed of Tnrst are Jrstrnct and cumulative to any other right
<br />or remedy under the Deed of Trust or afforded b}' law or eyurn. and mac he exercised concurrently, independently or
<br />successively.
<br />13. Sncce~ors and AssiRnt BounA: Join and Several t.iabiiify; Captiorrs. The covenants and agreements herein
<br />contameJ shall hind, and the rights hereunder ,halt ,pure to, the respective ,uccessors and assiens of tender and Borrower.
<br />subject to the provisions of paragraph i7 hereof 411 .acenants and agreements of 9ormwer shall be joint and several.
<br />The :options and headings of the pa ragcrphs of thu DecD ,~! Crust are 'or arncenience only and are not to be used to
<br />interpret or define the provtstons hermf
<br />t4. tiofice. Except for any nonce re4wred under eppiicahie :aw m he en'en .n another manner. (a) any nonce to
<br />Borrower provided for rn thrs Deep of Trust ,hall be gn en hs rnarimg such nonce M' cenitied mail addressed to Borrower at
<br />the Property Address or at such other address .n Borrower may designan- by notice to Lender as provrded herein, and
<br />(b) an} nonce to l.endtr shall he green he .enified marl. return receipt requested, to Lenders address stated herein or to
<br />such other aJJ Tess as Txndcr may designate try nonce '.o Burrower as pmdJeJ herein. .Any notice provided for in this
<br />Deed of Trtut shall F,e deemed to have )rcen g~sen :n Borrower nr tender when given in the manner designated herein.
<br />IS. Uniform Deed of Trust: (:overnice law: keerabi6h. (hn form tit deed of trust cembmes uniform covenants for
<br />national use and non-uniform covenants wnh LmneJ .anauons hs •,unsdre[ron .~ constitute a uniform security instrument
<br />eovenng real propene Thts Decd of Trust shalt +re ¢everneJ hs the taw of the lur,sdrcuon ~n which the Propert}- is located.
<br />In the erstti {bat am~ provtsion or clause of 'his Deed of T7ust or ;he \nte ~_onflicts with applicahle law, such conflict shall
<br />not affect ether provuaons of thts Decd of 7rusi ~+r the 'ante which .an he green elect wnhou[ the conflicting provtsion.
<br />and to thes erd the provuiom of the Dr_ed ,+t -Trust and ~hc `otc arc declar~•! ;r. h~ scvc;abte.
<br />16:° 6afrovtr'3 Copy. 8orrnwer shat! ht fur r.ahed a cunlormed copy +~t the tiote and of this Deed of True at the time
<br />of execution or after recordatwn hereof.
<br />t7. Tramfer of the Property: Ataamp6on. It all +a any part of the Preperry or an interest [herein rs sold or transferreJ
<br />by Borrower wtthout L.cnder's poor wnttcn amsetn, excluding ia) the creaucn of a ;ten or encumbrance subordinate m
<br />this I3eeJ of Trust, t h) the creation of a purchase rnuoe}' security interest for household appliances, f c l a transfer by devise.
<br />descent or by operation of law upon tt; death of a lomt tenam or tJ) the grant of any leasehold interest of three Years or less
<br />not containing an op[ron to purchase, Lender may- al Lender's cpuon. declare all [he sums secured by thts Deed of Trust to hr
<br />tmmediately due and payable. Lender shall have warveJ such opurn+ to accelerate if, poor to the sale or transfer, Lenocr
<br />and the person to whom the Property rs to be sold or transferreJ reach agreement m writing that the credit e>f wch Ix nun
<br />is satisfactory to Lender -and that the interest payable on the ,ums +ecured by this Deed of Trust shall he at such rate as
<br />Lender shall revues{. if isnder has watveJ the option to accelerate nronded m this paragraph i 7, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted m writing by Lender, Lender shall release Borrower from
<br />ail obligations under this TXed of Trust anJ the Note_
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration m accordance wnh
<br />paragraph 14 hereof. Such notice shall prndJe a penuJ of not Icss than 3U days from the Jate the notice is mailed wuhin
<br />which Torrower may pay the sums decfa:eD Jue. If Borrower :`arks to pay .uch sums prior ur the txpirauun of such period,
<br />Lender may, without further notice or Demand on Borrower, irruke an} remedies permitted by paragraph I R hereof.
<br />Nore-UHtr'oam CovenxNrs. torrower anJ Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except a, provided in paragraph 17 hereof, upon Borrowers breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of "trust, tattler prior to accekrotion shall marl rwtice to Borrower as provided in paraigrapb 14 hereof specifying; 11) the
<br />breach; t2) the action required to cure suet. trreach; 131 a date, oat l~ than 10 days from the date the notice is mailed to
<br />8ornawer, by which such breach must be cured; aad 14) that failure to cure such breach on or before the date specified
<br />iw 4he notice may result in accderation of the wren secured b} rho peed of Trust aad sale of the Property. 7'he notice
<br />shag further inform $orrawer of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the nun-existence of a default ur any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on ur before the date specified in !be notice, Ixnder at tinder's option may declare aB of the sums secured by this Deed
<br />of Trust (o tie immediately due aad payable without furthtr demand and may invoke the power of sale and any other remedies
<br />permitted by applicable Taw. Lender shad tie entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />retoedks provided is this paragraph l8, including, but not limfled to, reawnable attorney's fees.
<br />If the power of sale u invoked, Trustee shop reeved a notice of default in cacti county in which the Property or some
<br />part thereof is boated and shat! ruai•! copies of wch erotica in the manner prescribed by applicable law to Borrower and to the
<br />taker persons prescribed by applicable taw. After the lapse of surh time as may be required by applicable taw, Trustee shall
<br />give public nollec u( sale b the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Sorrowtr, shalt sell the Property at public auction to the highest bidder at the time and place and under ibe terms designated
<br />in ttw notice of sale in one or more parceti and in such order m Trustee may determine. Trustee may postpone sale of all
<br />or any pared of the Property by public announcement at tare time and place of any previously scheduled sale. i,rnder or
<br />(xmkr s desglaet may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trtrstse shatT deCiver to the purchaser Trustee's deed conveying the Property
<br />Bald. 7'he recitals in the Trustee's deed shall he prima facie evider:ce of the froth of the statements made therein. "I'rusfee
<br />shall apply the proceeds of the sale in the folbwioq order: (a) to all reawnabk costs and expenses of the sale, includitg, but
<br />not limited M, T rusfee's fees of riot more than p5 `"~ of the gross sale price, reasonable attorney's fees and casts of
<br />hifle erldence; ib) to aB sums secured br this Deed of Trust; and Ii) the excess, if any, to the person or persons legally entitled
<br />thereto.
<br />19. Borrower's Right to Reinstate. hotwnhstandmg { enacts aceclcratam uT the Burns sce-ured h}' tfirs DecD of "1 nut,
<br />Borrower shall )rave the right to have array prenceding, !+r~un h} f enJcr to enforce this [kcJ of frost ,{istnnunuca at
<br />any unit pour to the earTter tv occur of li} the fifth aaY f+ttorc the sale of the Pr„_prrtw punuam u+ the ps+wcr tit safe ~antaurcJ
<br />u. this DceD of Trr,ist tit flit entry of a ntJgment cute+rring thi, ik+ed of "least .f 4r; Borrower pays i rndcr sll sum. ~a-hi<h uouiJ
<br />hr thta Due under this Deed of -f nest, the Nom .end note, s, :r, r:g T4narc 4Jsan<cs, .f airy. has no a.cclerauon +w-c ur re.l.
<br />(f1) Burrower curt^s ail hrcactkx of tin g~ t.thet covenants r+r agrecrneut, .rt Borruw<=r c-+ntautrd ,n thy, Decd _I -Tni.t-
<br />(c) Rurr<+wer paps aq ri~aseinahle evpcusas ~rrcurred h}' I enJcr er,J l~ra.n•r :n rrntr+roug the :~ venans anJ eg;ecnrcnb .~•
<br />Rxsrrowrr cuotanxcD rn th+s f3eted of Trust ertJ na en L+;<ing Trrde>'; ~nJ lrnste-r; remelts, a- ),+~. o. ~<led ;r i,arag=a,n%r '
<br />ix-ree?f, ioi,';ud;rrg, hue tic>t hmtrex{ to reaYOnaF,f,- :d teensy ; fees .+r-,d ta+ Btrr r<,wc r i.+kcs asii a<n,+:, .rs 1 rndcr mas e,-.~„~:~., hi.
<br />regertrs [.+ aseorr that ih<~ bur of thu t:ee,.l .zf f ru,[. t code== ,;~.-.._-.~ u: the t`n ~~_rt: and Bor=,~w rr', ,,hl~ga[ian n• :'.+.
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