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<br />9. Cotsdemnation. The prceceds of any award or claim for damages, direct or consequential, in amntction with any
<br />condemnation or other taking of the Property, or part thermL or far conveyance in lieu of condemnation, are hereby assigned
<br />and shall Ix paid to Leader.
<br />In the curet of a !Deal taking of Me Property, the proceeds shall be applied to the sums secured by this Deed of Ttvst.
<br />with the excess, if any, paid to Borrower. In the event of n partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing: there shall be applied to the sums secured by this Deed of Trust such proportion of the procceds
<br />as is equal to that propomon which the amount of the sums secured by this Dced 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 Harrower, or if, after notice by [.ender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date such notice is
<br />rrtailtd, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration ar repair of the
<br />Property or to the sums secured by this Iked n( 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 chahge the amount of
<br />such installments.
<br />10. Borrower Nof Released. Extension 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 Borrowers successors in interest. Lendtr 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 Deed of Trust by reason of any demand made by the anginal Harrower and Borrower's successors in interest.
<br />11. Forbeararrce by Lendtr Nof a iVaiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />The prceuremen[ of insurance or the payment of taxes or other liens or charges by Lendtr shall not be a waiver of Lender's
<br />right [o accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remeslks Cumnhtive. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this [het! of Trust or afforded by law or 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 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 he joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only anal are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice 'a
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed io Borrower at
<br />the Property Address or a[ such other address as Borrower may designate by 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 to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Trtst•, Governing Law; Severab)lity. Thts form n( deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law ai the jurisdiction in which the Property is located.
<br />In ttte.~rp¢t Mat any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not atfeb4yb')titr rovistons of Mis Dced of Trust or the Note which can of given etftct without the conflicting provision,
<br />and'to i~lis~egp,t~e ratisioos of [he Deed of Trust and the Note are declared to be severable.
<br />"tbr"`"tbil0l~ l~py: Bt#lrower shall be turmshed a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or a er'ipcertlttion,jRreo(,
<br />f7. Traeafer of the Property; Ataomplioo. If all or any part of the Property or an interest therein is sold ar transferred
<br />by Borrower without Lender's pdar written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest far household appliances, tc) a transfer by devise,
<br />descent or by operation of law upon the death of a )Dint tenant or (d) the grant of any Itasehold interest of three years or less
<br />not containing an option to purt;nase, Lender ,nay, at Lender s option, declare all the sums secured by this Dced of Trust to be
<br />immediately due and payable. Lender si:el! have waived such option to accelerate iL prior to the sate or transfer, Lender
<br />and the person to whom [he i'roperCy is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and chat the interest payable an the sums sccwed by this Deed of Trust shall he a[ such raft as
<br />Ixnder shah tegrrat. I[ Lendtr has waived the option to accelerate provided in this paragraph I7, and if Borrower's successor
<br />in ia[eres[ has executed a written assumption agreement accepted in writing by Lender, Lendtr shall release Borrower from
<br />alt obligations under this Dced of Trust and the Note.
<br />if Lender exercises such option to accelerate, Lender shall mail Borrower noUCe of acceleration in accordance with
<br />paragraph l4 hereof. Such notice shall provide a penal of rant less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower (ails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by pa.-agraph 18 hereot.
<br />Nor+-UNIFORM Covert,sNrs. Borrower and Lender further covenant and agree as follows:
<br />18. Accekratbo; Remedies- 'Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower is this Decd of Trust, inciudirrg the covenants to pay when due any sums secured by this Deed
<br />of Trust, header prior to accderotion shag troll notice to Borrower as provided in paragraph I4 hereof specifyitCg: (1) Me
<br />breach; (2) the action required to care such breach; (3) a data not less than 30 days from the date the notice is mailed fo
<br />Borrower, try which such breach must be cured; and f4) that failure to cure such breach on or before the date specified
<br />m the notice may result in acceleration of the Burns secured by this Deed of Trust and Bak of Me Property. The notice
<br />shall further inform Borrower of the right Co reinstate after acceleration and the right to bring a court action to assert
<br />the non•ezacfettce of a default or any other defense of Borrower to acceleratiion and sale. If the breach is rant cured
<br />00 or before 16e date specified in the notice, Lender at Lender's optao may declare all o[ the Burns secured by this Deed
<br />of Trust to be itnmedulely due and payable without further demand and may invoke the power of Bak and any other remedies
<br />permitted by applkabk law. Leteder shall be entitled to collect all reasonable costs and expeass incurred in pursuing the
<br />rcrnedias provhled in this pacagrapb /8, including, but trot limited to, reasooahk attorney's fees.
<br />!f the power of Bak is invoked, Trustce shall record a notice of default in each county in which the Property or some
<br />t ~rhereof is healed and shall mail copies of such notice in Che matncer prescribed by applicable law fo Borrower and to the
<br />let persons prescribed by applkabk law. After the lapse of such time as may 6e required by applicable law, Trustee shall
<br />g public notice o[ sale to t[u persons and in the manner prescribed by applicable law. Trrsfce, without demand on
<br />Borrower, shtdl seB the ProtkNY al public auction to the highest bidder of the time and place aad under [be terms" designated
<br />in the notice of Bak in one or more parcels and in such order as Trustee may determine. Trustee may Postpone Bak of aU
<br />to tmy parcel of the ProptrtY bl' public annourreement at the time and place of nay previously schedded sale. Ixnder or
<br />Lender's designee r^ay purcbatCe the Property at any sale.
<br />k-Pon ~e~ ~ payment of the price bid, Trustee shag deliver to the purchaser Trustee's deed conveying eke Property
<br />sold. Tfae recitals in eke Trustee's decd shall 6e prima facie evidence of the truth of the statements made therein. Trustee
<br />sbaB apply the proceeds of Me sale to the fotlowiog order: la) to all reasooabk costs aad expeaskc of the Bak, ioclndirrg, but
<br />not l;htalted to, TruNee's fees of not more than OS ~ of the gross Bak pricq reaso+rabk attorney's tees and cosLS of
<br />tltle trideoce; (b) fo all soma secured by this Deed of Tres(; and Ic) the excess, if any, to the person or persons legally entitled
<br />1a9. Borrower's Rig-t to Rt:iastatc. Notwithstanding Lender's acceleration a( the sums xcurcd by the Detd of 'f rust-
<br />Borrower shalt have the right to have any proceedings begun by [.ender to enforce this Lked of T}use diuontinutd at
<br />any time prior to the earlier to occur of (i) the fifth day hef'ore the Bak of the Property pursuant to the p:rwer at salt aomamcd
<br />~n this Deed crf Trust or (ii) entry of a judgment enforcing this Dced of Trust iL cal Harrower pays Lender ;ell sums whrrh would
<br />be that due andrr ilia Deed of 'Trull, the Note and notes securing Future Advances, if anp, had no acceleratron ucaurred:
<br />fb) Borrower cares all breacftes of any outer awenanls or agreeiems of Borrower contained m this Dted of Terse
<br />(c) Burrower pays all reasonable cxpenxts incurred by Lender artd Tnrsttt us enfercmg the covenants and agreements ,+i
<br />Burrower contained in this Deed of "Trust and in tnfarcing I.tndtr'x and T~ru,tte's remedies as I:ravided m paragraph l R
<br />)serene, including. cwt not hrrtittd to, reasonabe aitarnev's lees; and {dt Harrower takrx such nation as f_rnder may reawnabiy
<br />rtquirt io assort that the Item at this Deed rat Tntst. I.cnder's interest rn the Pnsptnv :, rd lk+rn,uri~•. ::h{Igai:.M to (,,,}
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