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<br />89- 141513
<br />8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation, are hereby 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 secured by this Deed of Trust, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise
<br />agree in writing, thereshall beapptied to the sums secured by this Deed of Trust such proportion of the proceedsas isequal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />fair market value of the pr Immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the condemnor otters to make an
<br />award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date such notice is mailed.
<br />Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to
<br />Me sums secured by this Deed of Trust
<br />Unless Lender and Borrower otherwiseagree 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. sovirwifel Rele"W. Extension of the timefor payment or modificaton of amortizationof the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />labiliy of the original Borrower and Borrower's successors interest Lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrowers successors in interest
<br />11. Forbearance by Lender Nett a Waiwr. Any forbearance by Lender in Qxercising 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. The
<br />procurement of insurance of the paymentof taxes or other liens or chargesby tender shall notbea waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />141 12 Reeadles Cumulative All remedies provided in this Deed of Trust are distinct and cumulative 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. Successors and Astops Bound; Joint and Several Liability; Captions. 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 prcvisidna of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and sever-it. The
<br />captions and headings ethhe paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret ar,
<br />define the previsions hereof.
<br />14. Notice. Except ficrany notice required under applicable law to begiven in another manner, (a) any notice to Borrawer
<br />provided ferin this Deed of Trust shall be given by mailing such notice by certified mail addressedto Borrower at the Praperty
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />lendershall be given by certified mail, return receipt requested, to Lender's addressstated herein or to such other address as
<br />Lendermaydesignate bynoticeto Borrower as provided herein. Any notice provided for inthis Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender when given fn the manner designated herein.
<br />15, Unilinim Deed of Trusk Governing Law; Severabiity. The form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenants with limited variations by l:.risdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the t. of the jurisdiction In which the Property is locatpA.!n
<br />the eventdhat any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shalt not
<br />affectot herprovisionsof this GeedofTrustorthe Note witi- Crr[: hcanbegiven effect wiftcutthe conflicting prV.- -S .ns,andtothis
<br />end the provisions of the Deed of Trust and the Note are declared to be severabte
<br />1Q. 9orrotaw'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 fsereof.
<br />17. Tranoder of the Property-, AawertixL if all or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prierwirriren ccrsent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust. ( b) the creation of a pu r&ase money security interestfor household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death cf a joint tenant or (d)the grant of any leasehold interest of three years or less not containing an
<br />option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender and the person. to
<br />whom the Preperty.is to be sold or transfirred reach agreement in wilting that the credit of such person is satisfactory. tp
<br />Lenderand tthal the interest payable on t`•,esums secured by this Caed df Trust shall be at such rate as Lender shall requfr_t•. if
<br />Lender has waived the optic.n to accercrate provided .n this paragraph 17, and if Borrower's successor In interest has
<br />executed a written assumption agreerne ^taccepted in wy sting by-Lencier, Lendersit ll release Borrowertrom all obligations
<br />under this Deed of Trust and file Note.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of aco�,Ieration in accordance with
<br />paragraph 14 hereof. Such notice shall prcrirf a aperiod of not tess than 30 days from the deVe t ;e notice is mailed within which
<br />Borrower may pay the sums declared duet WBorrower faits to pay such sums prior to the exl:tration of such period, Lender
<br />may, without further notice or demand on Scrrower, invrice any remedies permitted by paray:!aph 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender farther covenant and agree as kadws:
<br />18. Aecef radon; Remedies. Except as provided in par grartt 17 hereof, upon Borrower's breach of any coverar.t cr
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sUr.-s: -cured by this Deed d Trust
<br />Lender priortoacceil eration shall mail notice to Borrower as provided its paragraph 14 hereof s ,:ciffyying:(1)tiebreac.:.1�),Iht .
<br />action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />such breach must be currid; and (4)thatfailureto cure suchbreach on or before th-9 date specified In the noliiu? may re3t`,hrt
<br />acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform !grower of fi e
<br />Zto reinstate aRer acceleration and the right to bring a court action to assert the non - existence of a default or any oilier
<br />defense of Borrower toacceteration and sale. if the breach is not cured on or before the date sp erif ed in the notice, Lerdcrtat
<br />Lender's option may decfare all of the sums secured by this Deed of Trustto be immediately 6i ;e and payable withoutturther
<br />demand and may invoke the power o} sate and any other remedies permitted by applicable taw. Lender shall be entitled to
<br />Ii ie d to reasonabfecostsandexpensa incurred in pursuing the remedies provided in the paragraph 113, including, but not
<br />Limited to reasonable attorney's tees.
<br />If the power of safe is invoked, Trustee shall record a notice of default in each county in which the Property or some part
<br />thereof is tocatedend shall mail copies of such notice in the manner prescribed by applicable law to Borrower and tothealher
<br />persons prescribed by applicable law. After the lapse of such time as maybe required by applicable law. Trustee shalt 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 Propertyatpublic auction to the highest bidderat the time and place and under the terms designated in thenotice
<br />of sate in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any safe.
<br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustees deed conveying the Property sold.
<br />The recitals in theTrustee'sdeed shall be prima facieevidence of the truth of the statements madetherein. Trustee shall apply
<br />the proceeds of thesale in thefollowing order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />Trustee's feesafnotmorethan %o Megrowsa lepricc, rcasonableattorney 'sfees arid custsofhtieevrdence:
<br />(b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto
<br />It. Borrower's RqM b Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shalt have the right to have any proceedings begun by Lender to enforce the Deed of Trustdiscontinued at any time
<br />prior tothe eatirerto occur of (i) the fifth day before thesale of the Property pursuant to the power of sale contained in the Deect
<br />of Trust (ii) entry of a judgment enforcing this Deed of Trust it. (a) Bo: rower pays Lender all sums which would be then due
<br />under this Dead of Trust, the Note and notes securing Future Advances. if any, had ro acce:eration occured lb) Borrower
<br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed fit Trust. ic) Borrower pays aii
<br />reasonable expenses incurred by Lender and Trustee enforcing the covenants and agreements of Borrower contained in tlli y
<br />Deed of Trust and in enforcing Lender'sand Trustee*s remedies as pravided tn Paragraphterierecit..nc,uclaig butro'Nnited
<br />to, reasonable aftorney sfees, and (di Borrower takes suchactior; as Lendet may reasanabty regjitf, ):ISS ,r< rr* �t tiro hitn e`
<br />this Deed of Trust Lender's interest in the Property and Barroaet s owigati3:! ter parr tt;P Suttty srcr.r�tt by rhig Crar t Cf
<br />Shall continue unimpaued Upon such paynlentandcuteb #8, ;rr- ajert'1,St #r•P•j ;sY, iTiC: <h, .r;tS "pint„
<br />Sh]•r temilin in full force and effect as it vu 'iccuteratrr:r r1,111 :,_, .,•rr d
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