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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or conuquential, in connection with any
<br />condemnation or other taking cf the Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the even[ of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In 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 tae proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Ttvst immediately prior to the date of
<br />taking bears to the Cair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />if ttre Property is ahandoned by Borrower, 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 Lender within 30 days after the date such notice is
<br />malted, Lender is authorized to correct and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured b~ this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such appliration 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 change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time (or payment or modification of amortization of the sums secured
<br />by [his Doed 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 Borro •er's successors in interest. Lender 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 DeeJ of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />i t. Forbearance by Ixader Not a Waiver. Any forbearance by Lender in exercising any ngh[ or remedy hereu.der, or
<br />otherwise afforded by applicable law, shall 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 fender 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 Tntst are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust nr afforded by law or equity, and may be exercised concurrently, independently or
<br />sucussively.
<br />13. Successors and Assigns Bound; Joint and Several I.iab)itty; Captions. The covenants and agreements herein
<br />contained shalt 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 be 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. Notice. Except for any notice required under upplicablc law to he given in another manner, (a) any notice to
<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 nosh ether address as Borrower may designate by notice to Lender as provided herein, and
<br />(h) any notice to Lender shall 6e given by certified mail, return receipt requested, to Lenders address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as pronded herein. Any notitt provided for in this
<br />Deed of 'I rust shah be deemed to have been given to Borrowtr or Lender when given in the mariner designated herein.
<br />1S. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and nun-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering reef property. This Deed of Trust shell he governed by the law of the jurisdiction in which the Property is located.
<br />fn the event that any provision or clause o[ this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect ether provision of this Deed of 'Trust or the Note which can be given ef(cet without the conflicting provision.
<br />and to this end thG provision of the Decd bf Trust and the Note are declared to be severable.
<br />1ti. Borrower's Copy. Borrowtr shall be furnished a conformed copy uF the Note and of this Deed of Trust at the time
<br />of execution or otter reconiation 6ereot.
<br />17. Trawafer of the Property; Aataaeption. If alt or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lenders prior written consent, excluding i a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, tb) tae ecwtion of a purchase money securty ineerest for household appliances, (c) a transfer by devise,
<br />descent 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 rnnlaining an option to purchase, Lender may, :tt Lender's option, declare all the sums secure) by this Deed of Trus[ to 6e
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom~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 interest payable on the sums scoured by this Decd o Trust shall be at such rate as
<br />Lender shall rcghest. Sf Lender has waived itrc option to accelerate provided in this paragraph I T, and if Borrower's successor
<br />in intoaest has executed a written assumption agreement acttpted in writing by lender, Lender shell release Borrower from
<br />all obljgatiarts under this Ilse) of Trust anJ the Note.
<br />(f Leader exercises such option to accelerate, Lander sh:dl mail Harrower trwice of acceleration in aceordanec with
<br />pa raph f4 hereot. ~a notice shall provide a peritxl of not l~:ss than 30 days from the date tttt notice ix mailed within
<br />which. Borrower may pay tae -sums declared due. !f Borrower fails to pay such sutits prior m tae expiration o€ such period,
<br />I-endttr maY. without further rrotice or demand nn Borrowtr, invoke any remedies pzrmittn) by paragraph t g hert:of.
<br />Nr+r+-UNtFOnnt CoveNears. Borrower and Lender further covenant and agree as follows:
<br />lfl. Accekraliow; Remedies. Ericept as preritled In paragraph 17 hereot, open Borrower's brcai:i of stay covsoawt or
<br />agreeseat of Borrower in this [feed of Trust, iwcludiwg the covettaw to pny when doe any suss aecurai by this Deed
<br />at Travel, Leadef pilot to accetefatioa Shat) ma8 rrotitt 10 Borrower a• provided in ptrragrwpb 14 IrereOt tlpetuylag: (1) the
<br />breath: (2) the action required to cure such breach; (3) n dote, not less Than JO days fins the dale the notice is rnaYed to
<br />harrower, by which such breach oral be cured; atad (4) that failure to cure such breath ou or ttetorc the dote speci8ad
<br />Iw the notice may resuN in accekrHion of the aortas secured by thb Decd of Tent sad stle of the Property. The notice
<br />sbnB tuMber inform Borrower of tbt right to Rilitwf! Ater acceleratiow and the ri¢f to bring a .rourl action to selA
<br />Ibe now•esislence of a detauh or any other deteme of Borrower to acaelertNimt nod stle. IP the Drench is not cured
<br />on or before the date specked in Itx narks, f-awtler at Leader's option may declare a8 of tDe Burns secured by thYt Dead
<br />of Trust to be Immediately dtu and payable wkboul trrtber demand and orgy Invoke the power of oak and soy other remedies
<br />psauitted by appNcabk law. Lender shall he entitled to collect aB reasonable casts and expenses Incurred is puesuiag lice
<br />tenadiea provided is this paragrapA 18, iwcliadkrR, but sot limited lo, rcawaabk aHorney's ttxe.
<br />It IDs power of sale b invoked, Trtas/ee sbwN record a entice of detnull in rash courtly in wbkh the Property or some
<br />part thereof h brtrted rfd sbaN tnwY copies of such notice in tfte manner prescribed by apftlkabk taw to Borrower atsd to the
<br />olbtr persorar prescribed by applkabk hw. ANer IDs lapse of such time as mny be rcqqu7ied by applkabk 4w, TruAee aWf
<br />giv! publk nalke d sole to the petraows sad in ibe manaer prescribed by applknbk law. Trustee, without detaand on
<br />Borrower, sba8 seU tits Property at publk auction to flee highest bidder al the lime and pines and under the terms dnt(twnled
<br />is the entice of sale lw owe or sore parceb sad fw imth order sa Trustee may dNersloe. Trustee may pastpoae oak o[ aft
<br />or any pscel od /lee Property by pwblk aoweutsceareM a IDs Ume and place of any previously scheduled oak. Lewder or
<br />I.ewdee s dttsigwea say purebsa the Property tl soy sale.
<br />!lppeer reee~t o! paymewt of tba price Md. TratAee straB deliver to the purebarur Twstet's lard eoureying the Nroperty
<br />sold. TAe recN~s in Nee Trwgee'e deed rbW 6e pritoa tack evldeate of the truth of lire slatemawfs made therola. Trustee
<br />sbaM apply fbe gp~eaxrcctells aF Ibe sale k Nor taibtrksR eider: (a) to all raaserwbk casts and expenses of the sale, iwclwdirrg, itnt
<br />net Ihrtlted to, Trustee's fees of vent sort tiiwr 3~y pf 1 `~ of Ibe Rrors sale price, rraaonabk atloirney'a tees and cos4 of
<br />Vila ettldtetce; (b) m ail suss secured by IMh Dsad of Trwzr raved (c) tks execs, l( any. to 1De pervert nr persouc legally eatttled
<br />Ha~Mo.
<br />19. ~srrowK's Rigif M RetaASk. Notwithdanding Lender's acceleration of the sums steered by this Decd of Trust.
<br />Borrowtr shalt have the right to h:vt any prar_edings begun by Lender to enF~rcc this Deed of Trust discontinued at
<br />any time prior to tie: reviler to occur of (i) the fifth day before the salt of the Property pursuant to the power of sale contained
<br />in th)a (Bred otTrust or tit) entry iaf a judgment enforcing tfiis Deed of Tnist iC ta) Borrower pays Lender all sums which would
<br />be then due tinder this Dud of Trust, the No1t avid notes stoning Future Advances, if any, had no acceleration occurred:
<br />(h) Borrower cures all breachtr of any other covenants or agreements of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays all reasonable expenaa incurred 6y Lender and Tnistec in enforcing the covenants and agreements of
<br />Borrower contained in This Decd of Trust and in enforcing I.tnder's and Trusttc's remedies as pruvidttl in )taragraph IN
<br />htrtot, im:tudittA, but not limited tu, reasonable attorney's rtes; and (d) Borrower takes such action as Lender may reas.?nably
<br />rtquirc to assure that the lith of this Deed of Trust, l.ender'a interest rn the Proptny and B,umwei's obligation to pay
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