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<br />9. Coademststtlon. The proceeds of any award or claim far damages, direct or consequential, in connection with any
<br />rnndemaation or other taking of the Property, or patt thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shalt be paid to Lender.
<br />In the event of a toffi1 taking of the Property, the proceeds shad be applied to the sums secured by this Deed of Trust.
<br />vritfi the etctxss, if any, paid to Borrower. In the event of a partial taking of the Property, unless Harrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of rite proceeds
<br />~~ is effa! fa L6at pears. srltan +shich S!tc atna~~tt of tt~ sums s~PCttrsd by thSs Decd of Trust immediately prior to the date of
<br />taking bears to the [fir market valve of rise Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid m Hmrawcr. ,
<br />If the Property is abandoned by Borrower, or if, aker notice by Lender to Borrower that the condemnor offers to males
<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 />tnaikd, Lender is authorized to collect acrd apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by tBis Deed of Trust_
<br />Unless Leger and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of tlx monthly installments referred to in paragraphs) and 2 hereof or change the amount of
<br />such tnstaUttunts.
<br />10. Atxrewer NM Hekaaed. Ettttnsion of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lendrn to any successor in interest of Borrower shalt not operate to release, in any manner,
<br />the liability of the original Harrower and Borrowers successors in interest. Lender shall not be required to commence
<br />proceedings against such sttcce~or or refuse to extend time for payment ar otherwise modi€y amortization of the sums
<br />secured by the Deed of Trust by reason of any demand made by the anginal Borrower and Borrower's successors in interest.
<br />11. Forbearance dr Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not bb a warner of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />iZ. Remedies Cumulat-ve. All remedies provided in [his Dced of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trost or afforded by law or equity, and may 6e exercised concurrently, independently or
<br />suocsasivslyy.
<br />(3. Seceeasrrn sad Assizes Boated: dolmt sad Several Liability; Captions. The covenants and agreements herein
<br />tantained shall bind, and She nghts hereunder shall inure to, the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph L7 hereof. All coveoants and agreements of Borrower shalt tee joint and several.
<br />The captions sad headings of the paragraphs of this Died of Trust are for ronvenience only and are not to tee used to
<br />inierprG or define the provisions hereof-
<br />[4. r°delits. Except for any notice required under apphcahle law to tx: given in another manner, fa) any notice to
<br />Bonawet provided for in this Deed of Trtut shall 6s given by mailing such notice by certified mail addressed to Borrower at
<br />ttte Property Address or at such other address as Borrower may designate by nonce to Lender as provided herein, and
<br />f b) any notice to Lender shalt 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 to Borrower as provided herein. Any notice provided form this
<br />Deed of Teller sha[1 ~ tieertted to have been given to Borrower or 1_ender when given in the manner r' nsignated herein.
<br />[S. [laifwm Deed of Trust; Gorernirgl Law; SeverabRity. This form of deed of trust combines uniform covenants for
<br />na[iooal tree and non-uniform covenants with Limited variations h}' jurisdiction to constitute a uniform security instrument
<br />covering rest prepeny. This Decd of Trost shall Me governed by the law of the jurisdiction in which the Property is located.
<br />.n the event that any provision ar clause of this Deed of Trust er the Note conflicts with applicable law, such conflict shall
<br />not affect Other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to this end the provisioro of the Decd nt Trust and the Note are declared to tee severable.
<br />16. Brxrowers Copy. Borrower shall be furnished a conformed copy of the Note sad of this Deed of Trust at the time
<br />of execution ar after r«:ordation hereof.
<br />+? •: w t~ J, Ate. if art „r any part of the Property ur an interest therein is sold or transferred
<br />by Harrower without Lender's prior written convent, excluding ice} the creation of a lien or encumbrance subordinate w
<br />this Deed of Trost, (b) the crtaUOn cif a purchase money' security interest for hau_sehold apyliances, ic) a transfer by devise,
<br />descent or by operation of law upon the death of a join[ tenant ur
<br />' Lender may, at t ender's option, declare aFl the sums secured by this Deed of Tru t to be
<br />immediately dtx and payable. Lender shat) have waived such op?ion to accelerate if,'pnor to t6~"s ~_°- e ~ ~e~rt~~
<br />anti the parson to whom the Property is to be sold ar transferred reach agreement in wMiNttttg'nt9t ,~s' . u pewon
<br />is satisfactory to tinder and that the interest payable on the sums secured by this Deed o ~lrtli(' al as
<br />Lender shall request. If lender has waived the t,ptiou to necelerate provided in thss paragtilplt~t?~3t~-~f- aR' ~ ~ r
<br />in inter¢at has executed a written assumption agreement accepted in writing My Lende€,'t.t?trBtrF"sTtTa7t7eTeass ~oirower from
<br />all obligations under this Deed of Trust and the Note,
<br />if Lender exercises such option to accelerate, L_rndcr she:{ :nail t'armwer notice of arcetcr tiro in accords.^.~e with
<br />paragraph l4 hereof. Such swine shall prevtde a pencil =,( not less than 2t1 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fads to pa} such sums prior to the expiration of such period,
<br />Lender may, without further erotica or demand on &srrower, ;nvoke an} ;emedies permitted by paragraph 1R hereof.
<br />NoN-UN[FoaM CoveNexrs Barrewer and Lender further covenant and agree as follows:
<br />Eil. lcxeleratiaa; Sietaed3es. Except as provided in paragraph l7 hereof, upaa Borrower's breach of any eoversant ar
<br />agtsettxM of Borrower in this Dead of Trt~t, itrcludfa¢ the covenants to pay when due any sums secured by this Deed
<br />of Truer, [.ceder prior to accelcrstion shalt nttsil twlfce to Borrower as provided In paragnpb )q hereof specifying: (I) the
<br />hrsaelK t2) the aetioe rcquised to cure ssxfi breach; !J) a date, nut less than 30 days from the date the notice is nuailtd to
<br />Brxraws, fq• which such breach m~ be cored; and (4) ttwf faHure to cure such breach on or before the date specified
<br />iu tie n+atke may result in accekratioe of the sums secured by this Deed uF Trust and sale of the Property. The notice
<br />cite8 Furiisr inform Borrower of the ttgfit to reinstate after acceleration and the right to briaq a court action to aseerl
<br />tit nrasrtxisteact of a deiaolt or any other defeosc ui Harrower to acceleration and sale. If the breach is not cured
<br />w or before tie data specked in the tartlet, Lender of Lenders option may declare all of the sums secured by this Deed
<br />of Teas/ to be iomediately dot and payaffie wftieut ftrrtber demoted and rosy invoke the power of sale and any othee rcrnsdkx
<br />perwltted by applicable taw. Leads siaH Ire entitled to collect alt reavottable costs and expenses incurred in putwlrgt the
<br />rewdiett provided is ibis par~rapb l6, iaclttdirtg, bnt not limited to, reasonable anorrrey s sees.
<br />If tie power of sale to invoked. Trustee sbdi record a notice of default in each county in whkh tfie Property or soon
<br />pet hereof is located sad s~ ma7 cries of such rwlfcs io the moaner prescribed by applicable law to Harrower sari to the
<br />slier perauas prescribed by appHcabk law. ANer tfie Ispre of such rims as rosy be required by applica6la law, Truster shill
<br />ENs paiik corks o[ ads to qte persous and in the manner prescribed 6y applicable law. Trueles, wilboni denraod na
<br />Harrower, sis8 rsN tie Property M public auction to the higissr itidder at the time and place and under tie terms deaigeated
<br />hs the astice ~ sale ffi a~ or awes p~cshe sad ie such order m Tr+ffites rosy determine. Trustee may pastpooe sde of dl
<br />w aer parcel of tie lprtoperty b9 pttMis aaauttaceatem at ttu lime sad piece of any previously scbedrded sale. Lender nr
<br />Lsedar s d~gats may pureffirsa Lis Pruptrty t# say sale.
<br />lJpew rets~ ~ paYmetN of tbs price lid, Trttstce shalt definer to the purchaser Trustee's dced conveytstg tie Property
<br />cull. 'l'it rcellara ie tit Tvtmtce's deed aid! he prima tacit evidence of the troth of the sKSt¢meats mide therein. Trmtee
<br />rdra8 apply tit practtds tut Lis snit la the follow' ord~x (a) to at! remonsbk costs wed espeases of tie sale, Includltgt, bu!
<br />act w, Trustee`s Pets of cwt more rhos 1~ Of ~ 1 ~"n of tie );ram sale price, reasooailt attorney's i¢ss acrd costs of
<br />tMle ecideucr, (i) to a8 suave secured iy Mle I)sed o(1'ruN; sad (c) tic cease, if any, to the person or persons IegaBy entlfisd
<br />tftMtpO.
<br />t9. Burruwer'e It~it w FsiastMc. Natwsihstanding Lcndsr's arra!eratian of the sums secured My this ih~d oC 77ust.
<br />Borrower viral) have the ngbt to have any proccedtngs begun My t_tnder to enforce this Deed of Taunt diuontinueJ at
<br />any rims pricer to the earlier fa occur cat [s) the fifth day btfarc the sate of the Arupsrty pursuant to the power of .sale coentained
<br />in ibis Deed ssf Trust as flit entry of a jttdggmsnt enforcing this Ikcd of Tnsst if: fat Harrower pays Lender alt sums which would
<br />tat ttten des uttdsr Ihix L7aed of "!"rust, the Na[e and notes ssctrrtng Puturn Addancrs. i( .+ny. had no accrirrauan rx;curred;
<br />ib) Borruwsr cures s10 l+reaches of any oihtr eavenantx ar agreerxtvnts r( Harrower ~c,ntained m this t)red ref 7nrst;
<br />4cJ @iprrowtr page art rcavossabtc aaPr'o~ b~n;utrcJ by Lettdcr attd Tntatre in enioress}• vhe r vrnants acrd a,zrreme.nts of
<br />F,larrawer ctwstarncf in thts tJ4ecd r>i Trtsst .,»d in tnfr*teing l.encisr`x and T~na,tce-a rrrt,cJ.es as pr„v,dcd in paraKraph 1M
<br />ftsrerkf. itb+;itt~dina. Met nest iirmted tu, rsavonabk attrnnty"v fees. ar€d tdr Barr<swer tat.ax nun=h zc lino .as I ender rosy ream+nehfy
<br />reye,ire to avvurt thzi the Lien !,f rhos p~rsd of 'frost, l.cntiet's irslrrcaC :n the Pt,zpcnv .end Bnrrr+ucr'a ,~hli}ta[inat t., {+a }'
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