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<br />9. Caademrntfov. The proceeds of any award or claret for damagra. dices? er cons'~(uen?ial. sn ;:brrtetiirsr. wi!h any
<br />condemnation or other taking of the Property, ar part ificreof, or fr,r conveyance in lieu :}f condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a rota] ?eking of the Property. the proceeds shad be applied to the sums secured t+y this Deed of Ttvat.
<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 agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal in that proponton which 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 Harrower.
<br />If the Property is abandoned by Bo: rower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Ixnder within 3'7 days after the date such notice is
<br />mailed, Lender is authorized to coiieet and spp{y the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Tn~st.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shat! no[ extend
<br />or postpone the due date of the monthly installments referred tg in paragraphs i and 2 hereof or change [he amount o~
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization or 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 Borrower's successors in interest. Lender shall no[ 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 Truss by reason of any demand made by the nnginal Borrower and Borrower's successors in interest.
<br />tl. Forbearance by Ixnder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shalt not he 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 maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under [his Deed of Trust or afforded by law or equity, and may be exercised concurrently, independenfly 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 i_ender and Borrower.
<br />subject to the provisions of paragraph 17 ]tereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions and headings of [he paragraphs of this Deed of Trust are for convenience only and are not to be used Io
<br />interpret or define the prov:s:ans lxreaf.
<br />14. Notfee. Except for any notice required under applicable law to be given in another manner. (aj any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mat! addressed to Borrower at
<br />the Property Address or a[ stick other address as Borrower may designate by notice to Lender as provided Fiercin, and
<br />(b} any notice to Lender shall be given by certified mail, return receipt requested, to Lender"s addrcu stated herttin. or. to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Ary notice provided for in this
<br />Deed 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 Trasq Governing Law; Severabllify. 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 uniform security instrument
<br />covering.real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />l~event that any provision or clause of this Deed of Trust or the Nete conflicts with applicable law, such conflict shall
<br />nofk' act other pprAVrsions of this. Deed of Trust or the Note which can he given effect wuhou[ the conflicting provision,
<br />a o ttis end.the provisions of the Deed'nf Trust and the Note are declared to be severable.
<br />1i.. Bwrosrer'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 />17. Tt~er of the Property; Assumptao. 1( all or any part of the Property or an interest therein is sold or transferred
<br />by $orrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the crention of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />dsscent or by operation of law upon the death of a joint tenant or (d) rho grant of any leasehold interest of three years or Tess
<br />not containing an option to purchase, 1-ender may, at Lender's option, declare all [he sums secured by this Deed of Trust to be
<br />immediately due and payable. Landes shah have waived such option io accelerate i€, prior to the sale er transfer, Letttkr
<br />and the person to whom [ht Property is to be sold or transferred reach agrcemem in wasting that [he 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 />Leader shall request. If Lender has waived the option !a accelerate provided in this paragraph l7, a: ~ if ~srrawer ~ s:.=EC~sscr
<br />in interest has executer] a written~umption agreement accepted in writing by Lander, Linder shag release Borrower from
<br />a!I abliga[iats under this Heed of Trust anti nc~ Note.
<br />if ~;,fir :~ sch notion io accelerate, !ender shall mad Borrower notice of acceleration m accorttance with
<br />paragraph I S hereof , Such notice shall provide a patinas of not less than 3u days frar~r ihU ate tl-~- nook r:ni;°•' wu in
<br />which Harrower coat pay the sorts aeclarec's due. 6` 8ortawer fails !o pay such sums prig. tf ahx expiratitzn~ of s.z~ p^riod.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies perm[[[ed by paragraph ig hereof.
<br />NoN-UNIFORM Covet+nNTS. Borrower and Lender further covenant and agrce as follows:
<br />t0. Accekraliow; Rcmedfes. E:cape m provided in paragcapb 17 htreof, upow Borrower's breach of asy coveaaat or
<br />aRreemeat of Borrower in this Dced of Trl~l, includfwR the coreaaats to pay wbea doe aeg ssaas secured by this Deed
<br />of Trust, Leader prat to accekratioo shall mail notice to $orrower as provided la paragraph li hereof apecitybr{: (t} the
<br />breack; (2) the action required to cure such breach; l3) a date, net less than 30 days from the dais the notice le mailed to
<br />Borrower, by which such breach must 6e cured; and (4) Ihat failure to care snch breach ow or before the date specified
<br />is the rsotke may «stdt in acceleration of the soles xcur>~d by ibis Deed of Trust sad sale of the Property. The notice
<br />s1uB further ia(orm Borrower of the r)gbl to refactste af.r: araYleralioa and t~ right to bring a court actbn to assert
<br />the noes-exipeare of a default or any other defense of Harrower to ucekralioe sad sale. If the breach i, riot cured
<br />00 or before ibe die sp¢ciged in tht notice, Lender at Lewdcr's option cosy declare aB of the sow secured by this Deed
<br />of Trust to to immediately doe and payable witiwuf farther demand and essay invoke the power of oak sad nay fiber remedes
<br />paranilted by applicable law. Leader shall be entitled to collect all reasoisabie casts awd expewses incurred is pursuing the
<br />remedies provided is this pataLrapb 1g, IacladiaR, bsM woe limited to, rrasoaabie attorney's foes.
<br />If the power of sale is invoked, Trustee shag record a notice of default iw each rawly in which the Property or same
<br />part iheaof b located aetl shall sleet copies of sorb retire in the iaaaoer prescribed by applkabk law to Borrower sad to the
<br />olbrr penaws prescribed by applfcaYe law. After else lapse of sorb tiwse as racy 6e required by applicable law, TrrrMee shall
<br />(tine pwbsr notce of rule to the persgas and is the manner prescribed by applcable law. TrMee, without deraaad on
<br />Borrower, shag se8 the Property at public auctiow to the highest biddsr at Ike time and pbice awd seder the law deslpated
<br />is Ibe notice of sale )w one or sore parcel. sad is sack order as Trr~ce ~ daterm'uss. Trasiea may postpone sale of aU
<br />or nay parcel of ibt property by publk axirouareaxaf at ikc fiwrc and place of any prsrioscsly imbedded sale. !.seder or
<br />Leader's deaigaee may parcbise tbt property st nay sale.
<br />Upon receipt of prymeM of flee price bid, Trustee shall deBver to Ike purchaser Trustee's deed roaveyiag tbt Property
<br />add. The recitals is the Trrattee's deed sbaB be prima facie evfdeace of eke truth of the statements made therein. Trudee
<br />char apply the proceeds of Ike sale a the ftdawieR order. (a) to all reaweabk casts and espeases of the sale, incMditsg. bW
<br />eat &rrked to, Trustee's fees of rsW move theses 33' Of 1 ~ of eke Rrw sale Price, rcasowabk attorney's fees and costs o[
<br />lire evideoce•, (b/ to aB sums secured by i4bt ~ of Trust; sad Ici eke rzcess, if any, to eke person er persons le;ally eatftkd
<br />Ibmato.
<br />19. Borrower's RiRbt to Reinstate Notwithstanding Lender's acceleration of the sums sceurrd by this Deed of Trust,
<br />Borrower shall have the rrghf to have any prncecdings begun by Ixnder to enforce this Deed ttf Trust chscuntinued at
<br />any time prier to the e.rlicr to incur of (t} the fifth day beforr the sale of the Property pursuant to the pawn of sale comained
<br />in the:]teed at Trust ar (u) entry of a judgment enforcing this Deed of Trust it: (a) Borrower pays 1 ender alt sums which would
<br />6e then due under [fits O4:cd of Trttsf, the Nate and notes securing Future Advances, if any, had nn acceleration xcurred:
<br />ib) Harrower cures all breaches of any wkcr covenants or agreements of Borrower contained in this Deed of Trust'.
<br />(c) Barrowu pays all reasonable espenses incurred by f.eu~r asst Trtts[er iii caste}icing the covenants and agrenncn[s of
<br />Borrav.-cr rauta[ned m !his Decd of Trust and in crfor~'sr,g Lender's and 7'.ute-t'+::~:n:d:c; ::s prcvidtd in raragraph 1X
<br />hrrecf. ors=.]]:,ring. b„! n„! limi!Pd !c, rears+nabte attarney_'s rocs, and (d} &,rrower takes such a~t~nn ar i tnde:r may reasonably
<br />reynire t _.._.e !hat tl?e lien of this t}ived trf ~fruse. !.ender. :n:trrst in [fie Preprny ;,nd B„r rower', obiigatiun rn pay
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