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<br />9. Caodemaalioe. The proceeds of any award or ciatm for damages. dime or cornequrntial, in conntction with any
<br />tondemnatian or other taking of the Property, or part thereof, or for conveyan.^e in situ of condtmmtion, are hertby as;igexd
<br />and shall be t:aid to Imdtr.
<br />In tht cvrnt of a rotas taking of the Property. the protxcds shah be applied to the sums sxutcd by this Deed c' T tilt,
<br />with tfit extxas, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and i.co.•.r
<br />otherwise ttgrce in writing[ there shat) be applied to the sums sccurtnj by this Deed of Trust such praponion of the proceeds
<br />as is [tai to that proportion which the amount of the sums secured by this Decd of Truss immcdiateiv prior to the due of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking. with the btitance of the proctxds
<br />paid to Batrawer.
<br />If the Property is ubandorted by Borrower, or if, after notice by Lender to Barrowtr that the condemnor offers to make
<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 />mailed, Lender is authorized to collect and epp!y [he proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums soured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principat shall not extend
<br />or postpone the due data of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />suchh installments.
<br />16. 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 sh21I not 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 />proccediags 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 original Borrower and Borrower s successor in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy
<br />The procurement oC 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. Ail remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or rcmt~y under this Dced of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors sad Aligns Bound: Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective succusors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shat! be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not M he used to
<br />interpret or define the provisions hereof.
<br />!4. Notke. Etcrpt ter any notice required under applicable law to be given in another manner, (,a) any notice [o
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such outer address as Borrower may designate by notice to Lender as provided herein, and
<br />tb) any notice to Lender shall be given by certified mail, return receipt requested, to Lrndei 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 shat! be dcemed to have been given m Boreewer cr Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; GoveroieR Law; Severabllity. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations h}' jurisdiction to constitute a uniform security ins[rumtnt
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />In the even[ that any provision or clause of this Deed of Trust or 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 provisions of the Dced of Trust and the Note are declared to be severable.
<br />16. lorrower'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 resoMation hereof.
<br />17- Transfer of the )Property; Assumption. If all or any part of the Property or an interest therein a sold or transferred
<br />by Borrower without Lender's prior written consent, excluding la) the creation of a lien or encumbrance subordinate to
<br />this Deed of Tntst, 16) the creation of a purchase money security interest for household appliances, (c) a transfer by devise.
<br />descent or by operation of taw upon the dnth of a joint tenant or (d) the grant of any tez,_sehold interest of three years or Tess
<br />not containing an option to purchase, Lendu may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately dire and payable. Linder shat! have waived such option m accelerate if, prior to the sate or transfer, Lender
<br />sled the person to whom the Property is to be sold or transferred reach agreement m writing that the 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 />Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has exeeultxl a written assumption agreement accepted in writing sty Lender, Lender shat) release Borrowu from
<br />ail obligations under Phis Dced of Trust and the Note.
<br />ff Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance wuh
<br />paragraph 14 herc~f. Stec!: notice shall provide a pcr::;:i of net !ass thar. 3tl days from the date the notice is mai!td wtehtn
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand nn Bnrrnwr:, irvo.e any remedies permitted by paragraph li hereof.
<br />Nor+-UntFaast Cavetvewrs. Borrower and Lender further covenant and agree as follows:
<br />t8. Acaroleratioa; Remedies. Except as provided in para8raph 17 hereof, upon Borrower's hreae6 of any covenant or
<br />agreement of Borrower in This Daed of Trust, im`IudirtR the covenants to pay when due soy sues stecared by this Deed
<br />of Trust, Lender prior to accekraHon shall mW notice to Borrower m provided is psaa~rap6 14 hereof speaifyhrR: (I) the
<br />hrtrneh; (2) fire action required to curt such breach; (3) a date, teat Joni than 30 days from the dMe the notice B nulled to
<br />Borrower, by which such breach moat be cured; and (4) that fa8nre to cure such breach a or before the date sped8ed
<br />fa the notice may rttsult in accekratfon of the surm secured by fhb Deed of Trust teed sak of the Property- The tsottee
<br />sWl further inform Borrower of the right to reimlate #ter acceleration and the riRbl to brieR a wart action to amen
<br />the non-exipettre of a defauGf or auv other defame of Borrower to acnleratbn and axle. it the breach h trot cared
<br />00 or before the date specified in the notice, Lender at Lender's option may declare aB of the suees secured by this Deed
<br />of Trull fo be immediately due and payable without farther demand amt may invoke the power of sak and any other remedies
<br />permitted by applicable law. Lender shall be erdilled to collect all reasonable cetW and e:peten itrcumed in pursaheR the
<br />remedies provided in thin paragraph 18, im'ItriiaR, bbl toot IimNed to, reasonable ttttoriaey's fern.
<br />if sloe power of srde is invoked, TrtMee shag rcrnrd a teotke of defaalt in each county in which the property or some
<br />peat thereof is located sad slat! maB eepfa of such nolitt in the manner prescribed by applicable law to Borrower and to the
<br />other prssotea prescribed by applcable law. After the lapse of such tine as may be regaittd by applicable law, Trnslee sbaU
<br />Rive pnitpc aotfae of sYe to the persons and in the manner prescribed by applicable law- Trtepee, without demand on
<br />Borrower, stall sell the Property at ptebBc auction to the highest bidder at the time and place and under the terms dtesiRpted
<br />in Ilte notice of stele M nee or sore parcels awd is tttsch order as Trustee may determine. Trustee may petttlpeee sale of aB
<br />or soy parcel # the Property bq pnblk aaaoettecement r the time amt place of any previotWy schedaied sale. Ltender or
<br />Leader's dttsplaee may petrchse tM Property tN any sde.
<br />Upon receipt # payment # the price hid, Trustee shall deliver to the purchaser Trtnfte's deed conveying the Property
<br />sold. Tht recNttis is the Trrulee's deed shah be prima tack evidenn of the truth # the satrmetth made therein. Trustee
<br />ahaB apply the proceeds of the sale la the fdbwiuR order: (al to aB reasoaabk costa sad c:penses of the sale, ieelndireR, brit
<br />rout 1imNted to, TrtWee's fees of riot afore than 3% of 1 % of the Rrtem sale price, reasonable attorney's fees end cosh of
<br />tltle ttviieaer, (b) le ad mms secured by Mss Dee of Treat; aria' (c) tee excess, if any, to the person or persom legally endtkd
<br />tbetebs.
<br />19. BsrrowePs Right to Rehndate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enform this Deed of Tntst discontinued at
<br />any time prior to the earlier ter occur of (i) rite fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deets of Trust or {ii) entry of a judgment enforcing this Deed of Trust it: ia) Borrower pays Lender all sums which would
<br />be then dtte under this DDeed of Trost, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />{h) Borrower cures all breaches of any other covenants or agreements of Borrower aontaired m This Dced of Trust:
<br />(c) Borrower pays all reasonable eapenses incurred by Lender and Tnatce in enforemg the covenants and agreements of
<br />Borrower comained in this Deed of Trual and i.^. en{erginv Lender's and Trustee's remedies as provided in ,paragraph t R
<br />hereof, including, but not limited to. reasonable attorney's feast and W i Borrower takes such senors as Lender may reasonably
<br />eegttire tc assure that ifte litn of ibis Deed of 'f rust. Ltndrr's imerrst ~n :t:e P:operty and tlorrc,wer': ot,ligauan to pay
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