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39-- 100364
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in cann0clien with any
<br />condemnation orother taking of the Property, or part thereof, or for conveyance m lieu of condemnation. are heroby assigned
<br />and shall be paid to Lender
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums set,ured by this Used of Trust with
<br />the excess. it any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise
<br />agree in writing, thereshall Osapptied to the sums secured by this Dead of Trust such proportlan of t)1sD proceedsas isequalto
<br />that proportion which Me amount of Me sums secured by this Deed of Trust Immediately prior tothe date of taking bears to the
<br />fair market value of tits properly immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />if the Property is abandor►ad by Borrower, or ii, after notice by Lender t4 Borrower ttxtt the condemnor ofFers to make an
<br />award or settle a claim tar damages, Borrower falls to respond to Lender within 30 days after the date such notice is mailed.
<br />Lender is auMori:ad to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to
<br />It sums aecured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization ofthe sums secured bythis
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability o1 the original Borrower and Borrower's successors Interest. Lender shall not be required i o commence proceedings
<br />against such successor or refuse to extend time for payment or
<br />otherwise modify amortlaatia11 Of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and SorraWses successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercialt-,9 any right or remedy hereunder, or
<br />oMerwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any. such right ter remedy. The
<br />procurement of insurance of the payment of taxes er other liens or charges by Lender shall not t *a waiver of Lencler'sirightto
<br />accelerate Me maturity of the indebtedness secured by this Deed of Trust.
<br />12. Rernedies Cumulative All remedies prrvi ded in this Deed of Trust are distinct and cum ,4,14tme to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently. independently or
<br />successively.
<br />13. Succeswn and Assigns Bound; Joint and Several Liability; Capg". The covenants and agreements herein
<br />contained shall 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. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are notto be used to interpretor
<br />define the provisions hereof.
<br />14. Notice. Exceptforanynoticerequiredunderapplicablelawtobegiveninw. Tathermanner ,(a)anynoticetoBorrower
<br />provided for in this Deed of Trust shalt be given by mailing such notice by certified addressed to Sorroweratthe Property
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein. and (b) any notice to
<br />tender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other addresses
<br />Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Uniform Deed of Trust; Governing Law; Sevorablift. The 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 DAed of Trust snail be governed toy the few vi are jUfiSdivtiin in w:huch thy. Property is located.1n .
<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable, law. such conflict shall not
<br />affect other provisions of this Deed of Trustor the Note which can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />1s. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any parl of the property or an interest tterein is sold or transferred by
<br />Borrower without lender's prior written consent, excluding (a),the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest.for household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant cr (d) the grant of any leasehold interest of three years or less not containing an
<br />option to purchase, Lender may. at lender's optic rt, declare all the sums secured by this Deed of Trust to be immediatelydue
<br />and payable. Lender shall have waived such option t0 accelerate if, prior to the sale or transfer, Lender and the person to
<br />wham the Property is to be sold ar transferred reach,agrPefteent in writing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed:nf Trust shall be at such rate as Lender shall request. If
<br />lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interest has
<br />executed a written assumption agreement accepted in writing by Lerder. Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provido a period of not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period. Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 113 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; RtemWes. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreementof Borrower inthisf leedofTrust, includingthecovenantstopaywhendueanysumssecuredbythisDeedofTrust,
<br />Lender priortoacceleratibn shall mail notice to Borrowerras provided in paragraph 14 hereof specifying; (1) the breach; (2)the
<br />action require dtccure such breach; (3) a date, not lessthan 30 da strom the date the notice is mailed to Borrower, by which
<br />such breach -must be cured; and (4) that failure to cure sled breach on or before the date specified in the notice may result in
<br />acceleration bf the sums secured by this Deed of Trustand sale of the. Property. The notice shelf further Inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the breacfarisnot cured on or before the date specified in thenotice, Lender at
<br />Lender's option may declare all of the sums secured by.this Deed of Trust to be immediately due and payablOwithout further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender.sttail be entitled to
<br />collect all reasonable costa and expenses incurred in pursuing the remedies proVAed en the paragraph 18, including, but riot
<br />limited to, reasonable attorney's fees.
<br />If the power of sale is invoked. Trustee shall records notice of default in each county in which the Property or some part
<br />thereof is located and shall mail copies of such notice in the <e manner prescribed by applicable law to Borrower and to the other
<br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall give
<br />public notice of sale to the persons and In the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />shall sell the Property at public auction to" highest bidder at the time and place and under tholerms designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may posfone sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled sate. Lender or lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitats in ttieTrustee's deed shall be prinA facie evidence of the truth of the statements fra a therein. Trustee shall apply
<br />tf tieproceedsafflhe sale in the following order:gg~ 1ra)l reasonable casts and expenses of the ween6i *cluding, but not limited to.
<br />Trustee's feetsof not more than % ofm* gross sale price, reasonable aftcirney"sfees erd costs of title evidence;
<br />(b) to all sums secured by this Deed of Trust; and (6), eha excess, if any, to the person or perrtons'egally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstan..ctr;ig Lender's acceleration of the sums seowedr by this Deed of Trust.
<br />Borrower shall have the right to have any proceedingsibegun by Lender to enforce the Deed ofTrust discontinued at anytime
<br />prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power rif sale contained in the Deed
<br />of Trust (if) entry of a judgment enforcing this Deed of Trust it (a) Borrower pays Lender all sur: rs which would be then due
<br />under this Deed of Trust, the Note and notes securing Future Advances. if any, had no acceleration occured:(b) Borrower
<br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed of Trust and in enforcing Lunder's and Trustee's remedies as provided in paragraph 16 herc_or. it icludrng, but not i nnited
<br />to, reasonable miorney s fees. and (d) Borrower takes such action as Lender may reasonably require to assure that the Iion of
<br />Itr i Deed of Trust• Lender's interest in tho Property and Borrower's obligation to pay the sums StCuWd t }y this need of Trust
<br />,nail continue un+mnarred Upon Such payment and cure by Borrorjet. this [)cod of Trust and tho obboatio: I.Pcilied rwtxoby
<br />! ;to 1 romiun in futi force and effect as it nn itcceleratron had Occurred
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