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<br />9. Coademrwrion. The proceeds of any award rrr c+aem zc~.= damages. d=.r~_z z s corny:~ t=ai, m can,*~ziors with any
<br />candemnatiptt or other taking of rite Propery, or part thermf, ar for conveyance in lieu of condemnation, are hereby assigned
<br />and shaft be paid to Leader.
<br />In the event of a total taking of the Property. the ¢roceeds shah be applied to the sums secuttd by this Deed of Trust.
<br />with the exct~, if any, paid to Borcewer. in the event of a genial taking of the Property, un'tns Borrower and Lender
<br />ot}tetsaise agree in writing, them shad be applied to the sums secured by this I:eed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this (Seed cf Trust imrrxdiatdy prior to the date of
<br />taking burs to the fair market value of the Property immediately prix: to the a#ate of taking. w+th the balance of the proceeds
<br />paid to Botrower.
<br />If flit Property is abandoned by Borrower, or if. afar notice by tender to Borrower that the :.~ndemnor offers to make
<br />an award or settle a claim for damage;. Sorrower fails to respond zo Len.,fer wnhm 3n doss offer the date such notice is
<br />tna7d, Lender is authorized to collet( and apply the proceeds. at !.ender's option, eitfrrr zo restoration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless fender and Borrower otherwise agree in writing, any Bach appiicafion of proceeds to ¢rincipal shall not eztet..'
<br />or [pone the due date of the monthly installments referred :n in paragraphs I and 2 accent or change [he amount of
<br />such irtstaitments.
<br />1®. Borrower Not Released. Extension of the dine 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 riot 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 ar refuse to extend time for payment or otherwise modih~ amortization of the sums
<br />secured by this Deed of Tracer by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Garbeae•artce by Lender Not a tYaiver. Any forbearance by Lender m exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable taw, shall not be a waiver of or preclude the exercise of any -uch right or rernedy.
<br />-fhe procurement of insurance or the payment o[ taxes er other liens or charges by I-ender 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. Remedks Cnmrdative. 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 afferd.d by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Strcceaors and Assigtas Bouttd; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained chef! bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower.
<br />subject [o the provisions of paragraph 17 hereof. All covenants acid 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 and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notke. Except for any notice required under applicable law m fie given is another manner, ia) any notice to
<br />Borrower provided foe in [iris Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by nonce to Lender as provided herein, and
<br />(b) any notice to Lender shalt be given by certified mail, return receipt requested, to Lender's address stated herein oc 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 shat! be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />I5. Uniform Deed of Tryst: Governing Law; SeveobBity. This farm of deed of tract combines uniform covenants for
<br />natiatra! use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrumrnt
<br />t:esg4nr~ng-yea! property_ This Deed of Trust shall rte governed by the law of the jurisdiction in which the Property is located.
<br />la,lbaevetu Elri! any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shalt
<br />not~' ffect other provrstorts of this Deed of Trust ar the Note which can be given effect without the conflicting provision,
<br />atti''to-this end toe provision oL the Decd of That and the Note are declared to be severable.
<br />tb.,-Maower'a Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />pof execution or after recordation hereof.
<br />17. TraasFer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding tai flit creauon at a lien or encumbrance subordinate to
<br />this Deed of Trust, tb) the creation of a purchase money security interest for hortxhatd ~~p¢liaaca, (c! a transfer by devise,
<br />descent or by operation of taw upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />riot containing an option to purchase, Lender may, at Lender's option, declare alt fix surer secured by this Deed of Trust to be
<br />immetiia3ety dire atis# paryabie. L2rtdc; shall have waived su.^h option to accekratc if, prior to the sak ar transfer, Lent~r
<br />and the person to whom the Property is to be sold or transferred reach agteenxrt m wnUng that the srtedit of such person
<br />is satisfactory to ixttder and that the interest payable on the sums secured by this Dr.~ of Trust shall be at such rate as
<br />Lcrtder obeli regtizst, if tender has waived the option to ac-~elcrate provided in this paragraph 1?. and if 9arrower's succusar
<br />in interest has ea~uted a written assuttrpfion agrecnxnt acce¢ted in writing by under, Lender shalt release Borrower from
<br />ail airii$a(iota u;tder this Dom:; of T:i,'St and the Note.
<br />if Lender exercises such option to accelerate, !.ender shall mail Borrower notice of acceleration in accordance with
<br />paragraph id ixreaf. Stx:it natico shalt ¢rovide a pcread of not i her, ; r 'aj`s ;° f° ~he . ice is mailed with':.
<br />which ilorrowr:r may pay the stuns declare) due. !f Borrower fa;:ssta1 pay such suttts pries io~the{expiratiaa of such period,
<br />Lender may, without further rwtice or demand on Borrower, invoke any remedies permitted by paragraph 1 R hereof.
<br />NoN-UrttFOant Covewarrts. Borrower and under further covenant and agree as follows:
<br />Ift. AccekrNiea; Reateies. Excep/ r provided in puagrapi 17 hereof, upon Borrower's breach of any covetrat or
<br />aNeemeat of Borrower is flit Deed of Trtrst, iaclirdiag the covenants to pay whoa dye soy sums secured by this Deed
<br />of Trrnt, !.ender prior to acceleratioa shall nail notice to Borrower as provided in pttrasrapM 14 hereof specifying: (I) the
<br />ireacb: (2) the anion required to can such breach; (3) a dale, ttW less rhea 38 days from the date the ooike is raaYed to
<br />Barrows, by wMkb such breach taut be owed: sad (3) that taYurc to tyre such breach oa or before the date specified
<br />iw the aotkc eery resuh in accderNioa of the arms .ut~rt-c€1 by this Deed d Trwt sad sak of the Property. The nwiee
<br />shag ftrrtMer htForm Borrower of the rigb/ to reiaslrtte aster accekratiaa and the right to brisg a court actbtt to smart
<br />tMe aomeaiteoce of a detarli or any other tieteme of grower le acceleration anti trek. if the breach is (tot erred
<br />oa m Metetc !be date apeeiied in the trt+_+kq fader >N Leader's optbn may declare all of the suau secured by ibis Deed
<br />of Trwt Io bit imtnedWtly dye acrd payahk without trrtber tieroand and may lnvobe the power of sale sad say whey remedies
<br />permitted by applicabk bw. Lender shag be eatitkd to collect all reattoaabk emir and expema incurred in pursrriag the
<br />rsatedies provi/ed fit Ibis paragraph !g, iacladittK, its aM limited to, rcroaa6le stloroey's tea.
<br />If /Me power of sak is iavelted, Trmtee sbaB retard a entice of defoWf in each county in w~.~h fire Property or some
<br />part thereat b Heated sad shtll rwil ropks of each trotice is the moaner prescribed by npplicabk law to Borrower sad to tbt
<br />other peraoas prescribed iy appBcrhk law. After the lapse of moth fire as may he regrirM by appBeabk law, TrrAee stall
<br />ghee paWe trolke d sale b the person ant! is tlw rawaer prescribed by applkabk law. Trststee, wilbort detuand oa
<br />Bwtrower, aiaU sell fir Prop_ city at ptrWk arclioa to the higbrst bidder at the time sad place sad under the terms dalgaated
<br />k Ibs Mice of sate Ta rsae ar more p is aai k encit order as Trrsies (nay deiermtae. Trustee may postpoac sale o[ aB
<br />or tatty parcel of rite Property h3' puWie aaawonncemeat q tie lime ud phrre of wry prrviorsiy sckrcdrkd sak. Leader or
<br />Leader's drsipae may ptrchase fhe Property at say yak.
<br />Upon receipt ~ paymeal d Ibe price bid, Trustee sbrdl deYver M tie purchaser Trsnlee's deed conveying the Property
<br />sold. TMs recNals 4 tie Trukec's decd shag be prima tack evidence of the trrth of the sUlcments made therein. Trustee
<br />tisB apply tbs proceeds of tMe gale is tic Folbwitg order. (a- to a91 rrasonaBAe costs atsd erpeases of ibe sak, iactudittg, brl
<br />adt MraMed to, Trapce's foss d ant amore fbaa 3~ of 1 'A of the gross sak prke, rcasonrbk attorney's few and costs o[
<br />tlBe avideact: (h) b all ewes trecrred by thbi Decd of Trust: and (c) the exacts, if eny, to the person or persons kgstlly enfltled
<br />. Bomrwet`s Right la IgeiwsttaNe. Na/withstanding Lender's acceleration of the sums secured by this Decd of Trust.
<br />Borrower shat! have the right to have any proceedings txgun by tender to enforce this Deed of Trust discontinued at
<br />any tune prior to the earlier to ocntr of (i) the fifth day before tix sale of rite Property pursuant to the power of sale contained
<br />in this peed tstTrus! or iii) entry o[ a jtrdgmcn2 enforcing this Decd of Tntst if: fa) Borrower pays Lender all sums which would
<br />ire then due under this Deed of Tnat, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />(b) Borrower cures ell breaches o! any other covenants ar agreements of Borrower contained in this Deed of Trust:
<br />(c) &trrower pays sit reasanablc e.sptnses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br />Borrower contained in this Deed of Trus[ and in enforcing i.etider's and Yrusiee's remedies as providr:d in ,paragraph iR
<br />hcr~f, #rx.'u~.ittd, f:-.tt not limtt~sl tc, rvasanahk attorney's fee=; and fd) i>wrcower takes ,ach action as f~^ckr tray r€-sanahly
<br />r€:ii;a,c .., ..,.t;e lira. flee fir... of flit, Deed of 'I~rus?. I ~r•dt• , ...,,,...,, it zhc 1'r4_perty :end 8.,,,t-._er's tehtigatix+n to paa}•
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