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<br />89-- 103839
<br />Y. Condea+rtaiien. The proceeds of Any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking olthe Property, or part thereof, or for conveyance in lieu of condemn atlon.are hereby assigned
<br />and shall be paid to Lender.
<br />In the event iota total taking of the Property, the proceeds shall be applied to the sums secured by this Geed of Trust, with
<br />the exeeias, if any, paid to Borrower. In the event of a partial liking of the Property, unless Borrower and Lender otMtrwise
<br />agree in writing, theta shall be applied to the sums secured by this Oeed of Trust such proportion of tIm preceede as is equal to
<br />that proportion which the amou nt of Me sums secured by this Deed of Trust immediately prior to the dale of taking beans to"
<br />fair nolk value of the pr immediately prior to the date of takfinp, with the balance of the proceeds paid M Borrower.
<br />If the Property is aband =oned by Borrower, or if, after notice by Lender to Borrower that Me condemnor ofiers IQ make an
<br />award or settle a claim for damages. Borrower fails 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 />the sums secured by We. Deed of Trust.
<br />Unless Lender And Gorrowerotherwise agree in writing• any such application of proceeds toprincipalsholl notextend or
<br />postponer the due date of the monthly installments referred. to in paragraphs 1 and 2 hereof orchange the amount of such
<br />installment&
<br />10. flntrower Not R OWee . Extension of the time tar payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lander to any successor In interest of Borrower shall not operate to reletm. th
<br />In any manner. e
<br />Liability of the original Borrower and Borrower's successors interest. Lender shall not be required to comorm►[ce proeeedin�eI
<br />against such successor or refuse to extend time f! . ,payment or otherwise modify amortization of. Nte sums secured by this
<br />Dead of Trust by reason of any demand made b.)p, the origirtak Borrower and Borrower's; successors ininterest. .
<br />11. Forbearance by Lender N0. a Waiver. Arty krboara+trce by Lender in exercisingi any right or remedy hence,! dw. or
<br />otherwise afforded by applicable taw, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance of" payment of taxers Lr other liens or charges by Lender shall not bee welverof L~a rfghtttr
<br />accelerate the maturittr of the indebtedness secured by this Deed of Trust
<br />12. Reinedip Cumulallve 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 />successw19y.
<br />1& successors and Assiorrs Hound; Joint and Several Liability; Capbora. The covenants and agreements herein
<br />contained shall bind, and "the ghts hereunder shall inure to, the respective successors and assigns of Lenderand 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 not to umWto interpret or
<br />define ttlo provisions hereof,
<br />14. tl kia. Except for any notice required under applicable law to be given in anoffw. manner, (a ) any notice tosorrower
<br />provided ttir In this Deed of Trust shall be given by mailing such notice by certified mail addressed to Bonroweiratthe Property
<br />Address vrat such other address as Borrower may designates by notice to Lender as provided herein, and (b) am, f101iCe to
<br />tender shelf be given. by certified mail, return receipt requested, to Lendeesaddress stated herein or to such other address as
<br />Lo nder maydesignataby notice to Borrower as provided herein. An noticeiprovided for in this Deed of •Trustshallbedoomed
<br />to have boa given to Borrower or tender when given in the manner designated herein.
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<br />national Lms and non - uniform covenants with lirnited variations by jurisdicticn to constitute a uniform security Instrument
<br />Covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In
<br />the event that any provision or clause of this peed of Trust or the Note conflicts with applicable law. such conflict shall not
<br />atfectotherprovisionsoft his Deed ofTrustor the NQM% wNthcepbe =ivert effect without the conijiptfrg-
<br />end tneprovisions of the Deed of Trust and the Note are ¢sclared to be severable.
<br />1L1. 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. Transferee tie Property; Assumption. If all or any pail of the property or an interest therein 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.far household appliances, (c) a transfer by devisedoscent or by
<br />operation of law uponthedeath of a joint tenant or (d) the grantofany leasehold interest of three years or less notcontain
<br />option to purchase. Lender may. at Lender's option, declare all The sums secured by this Deed of Trust to be imme0imblydue
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale at) transfer. Lender and �ho rsony to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is to
<br />Lenderand thatthe Interest payable on tt,e sums secured by this Deed of trust shall beat such mate as Lender shall request. I1
<br />Lender has waived the option to accelerate provided, in this paragraph. 17, and if Borrower's successor in interest has
<br />executed a written assumption agreement accepted in 'writidG by Lender. Lender shalt release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shrill mail Borrower notice, of acceleration in accordance with
<br />Eagra ph 14 hereof. Such notice shall provide a period of not!pss than 30 days from the date the notice is mailed within which
<br />rower maypay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />y, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender tutther c.ov*nW end agree as knows:
<br />tilt. AcceleaMon; Remedies. Except as provided in paragraph. 17 hereof, upon Bmrowees breach of any covenant or
<br />agreement of Borrower in this Deed o tTrust including the covenants to pay when due artytaums secured by this Deed otTrust
<br />Lender prior to acceleration shall mait notice to Borrower as provided in paragraph 14 hereof specifying: (1) the brut; (2) the
<br />action required to cure such breach; (3) a date, not iess than 30 days from tftedate the notice is mailed to Borrower, bywhich
<br />such breach must be cufed; and $a'r that fallure to c such breach on or before the date specified in ttie notice may result in.
<br />acceterationofthesumssecuredbythisDeedof usranosateofthePropedy_ The notice shall further inform Borrowerofthe
<br />right to reinstate after acceleration and the right to bring4 courtaction to assert the non - existence of a default or an=y other
<br />deNnse of Borrower to acceleration and sale. If tho' breach is not cured on or before the date speciled in the notice' Lender at
<br />Lender's option may declare all of the sums secured by this treed of Trust to be immediately due and payable without further
<br />th
<br />demand and may invoke e power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurradfn pursuing the remedies provided in the paragraph 18, including, but not
<br />limited to, reasonable stilmney's fees.
<br />If ft Power of a" is invoked. Trustee shall record a notice of default in each county in which the Property or some part
<br />llte 80 islocatedandshallmailcopiesofsuchnoticeinthemannerprescribedbyapplicablelawtoBorrowerandtotheother
<br />persona 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 "I the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of Wo in Gas or morePaf W* and in such order As TruMe may determine. Trustee may postpone sate of all or any parcel of
<br />the Prop" by public announcement at the time and piece of any previously scheduled sale. Lender or Lender's nse
<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 recitals in the Trus�' sdeedshallbeprimafaci eevidenceof thet ruthotthestatementsnudethern+ .Trusteeshaliappty
<br />the proceeds of the sale In the following order . (a) to all reasonable costs and expenses of the sale. including. but not limited to,
<br />L Trustee's lees of not more than of the gross sate price. reasonable attorney's lees and costs of title evidence;
<br />(b) to all sums secwed by this Daied of Trust: and (c) the excess, if any to the person or persons legally entitled thereto.
<br />1!. Borrower's WW M AsMMMe. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shalt have the right to have any proceWings begun by Lender to enforce the Deed of Trust discontinued at any time
<br />prior to ttte earlier to occur of (t)thefifth day betlxe the sale of the Property puisuantm this power of "le contained in the Deed
<br />of Trust (n) entri of a Judgment enforcing this Deed of Trust if (a) Borroeter pays Lender an sums which would be then due
<br />under this Deed of Trust, the Note and notes secssnng Future Advances, d any. had no occelerataon occ ured (b) Borrower
<br />cures w1 breaches Of any Ott-ter Lwe'riants or dgreetnents of Dormwe* contained In this Deed of Trust 'ci forrowef payy,yl!
<br />re3•�!;net)!E F.s.pet,5H9 rnCUrredty'y l Cr +',thy trnEj Trufttefl CnfOr -aig tTte c, r� ��nant�c and t1 lrC:E�mtir.tsr t E3U' t;�NC> +Lit "atirttgr) rn thry
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