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<br />9. Cenderas.sdaa. Tht proooeds of any award or claim for damages, direct ar ctrmtequential, in connection with any
<br />ration ar a~ tatting of ibe Properly. or pan therarf', or for conveyance in lists of condernrrafion, ors hersisy assigned'
<br />and shall be paid to L.esrder.
<br />In the event of a tool taking of the Property, t~ proceeds shall be applied to the sums sxttred by [Iris Deed of Trtrst,
<br />with the exoas, if any, paid to Bt>rrowcr. in the evrnt of a pantos taking of the Properly, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Dyed of Ttvu such proportitsn of the protxeds
<br />as is opts( to that proportion which the amount of the sums secured by this Deed of Trust imtrtsdiately prior to f • date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the (nlantx of ttte p«_" eds
<br />paid to Harrower.
<br />If t!x Property is abandoned by Borrower, or if, after notice by Lender zo Borrower that the condemnor otters fo matte
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such mice is
<br />misled, Leader is authorized to cotkct and apply the proceeds, at Lenders option, either to restoration or repair of the
<br />Property or to the sums scents( by this Deed of Trust.
<br />Unless Lender and Borrower othertise agree in writing, any such appliation of procceds to principal shall not extend
<br />or ne [he dtre date of the monthly installments referred ro in paragraphs I and Z hereof or change the amount of
<br />such "utalltntnit 1 tg.
<br />14. Harrower Plot Relpsed. Extension of the time for payment or modification of amortizsiian of the sums secured
<br />by this Deed of True granted b3' Lender to any successor in interest of Borrower shat( not operate to release, in any manner.
<br />the lesbility of the original Borrower and Borrower's successors in interest. Lender short not be required to commence
<br />proceedings against such successor or refuse to extend rims for payment or otherwise modify amortizaton of ehe sums
<br />secnrcd-try this Deed of Trust by reason of any demand made by the original Borrower arsd Honower's successors in interest.
<br />11. Porhemmrce by Lender Not a waiver. Any forbearance by Lender in exercising any right or remaly hereunder, or
<br />otherwise'aHorded by appiicabis law, shall not be 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 tlx maturity of the indebtedness secured by this Deed of Trust.
<br />1L Remedks Cuml~tive. Ail remedies provided in this Deed of Trust are distinct and cumulative to any oihtr tight
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />suct:nsively.
<br />13. Saceetnitrs ad Assigns Boaad; Joint sod Several I,isbility: Caption. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender znd Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrawcr shall be joint and several.
<br />The captions and headirsgs of the paragraphs of this Deed of Trust arc for convenience crib` and are not to be used to
<br />interpret or define the provisions hereof.
<br />14, Piotlce. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice 6y certified mail addressed to Borcower at
<br />the Property Address ar at such other address as Borrower may designate by nonce to Lender as provided herein, and
<br />(b} any :scrim to Lender shat! be given by certifled mail. return r~eipt rmu~tat, to Lsndei s address stated herein or to
<br />such older address as Lender may designate by notice to Borrower as ptavcded herein. Any notice provided for in this
<br />Deed of Trust shall be dtxmed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Ustiform Deed ~ Trost; Governing law; SevernbBity. This form oC 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 teat property. This Deed of Trutt shall be governed by the law of the jurisdiction in which the Property is located.
<br />[n the event that any provision or clause of this Deal of Trust or the Note eonflccts 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 provisions of the Deed of Trust and the Note are declared to be severable.
<br />1L. Borrower'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 reeorrlation hereof.
<br />17. Transfer of the Pra}erty; Asamptloa. if all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lenders prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deal of Trust, (b) the cresuon of a purchase money security interest for household appliances, (cl a transfer 6y devise.
<br />descant or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containen an option to purchase, Lender may, at Lender's option, declare all the sums secured 6y ffiis Deed of Trust to be
<br />immediately ~ and payable. Lender shall have waived such option to accelerate it, prior to the sale or transfer, Lender
<br />and the person to wham the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interat payable an the sums secured by this Deed of Trust shall be at such rate as
<br />t.era~ strait regrust. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in lasers[ has exa:uzal a written assumption agreement accepted in writing by Lrnder, Lrnder shall release Borrower from
<br />all obif~tltone order this Deed of Trust and site Note.
<br />If Lender exercises such option fo accelerate. Lender shad mail Borrower notice of acceleration in accordance with
<br />paragraph i3 trcrcaf. Such notice sha91 prorde a period of not less than 30 days from t~ date the notice is mailed within
<br />which Borrower may I+ay the sums declared due. If Borrower fails io pay such sums prior to the expiration of such period.
<br />(,,ender may, without ._rt!tsr reoti~ ar demand un i~rrower. invoke any remedies permitted by paragraph 18 hereof.
<br />Nor[-(.).4IFORid Cav>?rtArtrs. Borrower and Len~~r further covenant and agree as follows:
<br />lg. AccekMtoe; Remedks. Except as prodded in paragraph 17 hereof, upon Borrower's breach of any coveeast or
<br />agnxarset of tlorrawer in this ~ of Tract, ineladiag the covenants to pny when doe any sums secured by this Deed
<br />of Trasf, [.coder prior to accekratton shag mail notice to Borrower as provided is paragraph 14 hereof specifying: (1) the
<br />brncb; (2) Ore aetiao required to cure each breech; (3) a dale,.not teen than 30 days from the date the notice is rnailevl to
<br />Borrower, by which sorb breach mast 6e cured; asd (4) tbn9 failare to cure such breach on or before the date speci6al
<br />in the notkt may resatt is accekratton of the sums secured by this Deed of Tnrst and sale of the Property. The notke
<br />sbsB farther inform Borrower of the right to rciaNate deer accekration and the right to bring a court action to assert
<br />the somexittknce of a defwtt or say other defense of Borrower to acceleration and sale. If flee breach is not coral
<br />on or before the dtYe specified in the notice, Lender at Lender's optan may declare dI of ihr sums secured by this Deed
<br />of Trost M he immedbtdy dos sad pnyahk wiMont further demand and may invoke the power of sde and any other remedies
<br />pvmttted by applicabk law. Lender shall be entitled to collect all rcasonaWe costs and expenses incurred is pursuing the
<br />remedies provided in this paragraph ig, inctrrding, but trot limited to, reasonable attorney's fees.
<br />If the power of sak is invoked, Trustee shag record a notice of default in each county in wbkh the Property or scent
<br />part thereof k located and shall mall copizs of such notice in the manner prescribed by applicabk law to Borrower sad to the
<br />other persons prescribed 6y appltcable taw. After the lapse of such Time as may be required by appikaMe law, Trustee shdt
<br />give puldk Holies of sde Yo the persons and in ihr manner prescribed by applicable law. Traslee, without demand on
<br />Bonawer, shell seN the Property >u pablM aectian to fbe highest bidder at the time and place sad aader the terms designatal
<br />is lire rrolke of sde sA ose or [Wore pnreels and in such order as Tnrslee may determine. Tfuslee may postpone ads of all
<br />~ say parch of the Property by publk announcement m Ilre time and glare of any previously scbalukd sde. Lender or
<br />Leaier's dedgaee may purehrar ibe Property at any sak.
<br />Upon receipt of payment of the Brice bid, Trustee sbdt delivrr to the purchaser Trustee's deed conveying the Property
<br />sold. The rceitds in the Trustee's deed shall 6e prima fack evidence of the trat6 of the stalemesls made therein. Trustee
<br />sling apply the proceeds of the sak in the folbwirrg order. (a) to all rcasrrnable costs and expenses of the sde, including, but
<br />cot BmNed to, Trustee's Peas of cwt more thtm~_ -t~-t~- _ _ % of the gross sak price, reasonable attorney's fees and costs of
<br />tills evidence; (b) to aA sums scearrd by fibs rJettl"dF Trr~t: and (c) the excess. if any, to the person or persons legdly entitled
<br />thereto.
<br />19. Borrower`s Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Reed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />say time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Decd of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances, it any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays all reasonable expenses incurred by tender and Trtislee in enforcing the covenants and agreements of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's retedies as provided in paragrapti 18
<br />hereof, including. but not limited to. reasonable attorney's fees; and (d) Borrower takes such action as Lender ma?• reasonably
<br />require to assure that the Gen oC this Decd of "T'ntst. Lender's interest in the Properly and Aarrower's obligation io pay
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