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<br />89- 104366
<br />!. Ca,tdsnwtalim The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation orotheir taking of the Property. or parithereot, or for conveyance in lieu of condemnation. are hereby assigned
<br />and shall be paid to Lender.
<br />.' Irf the event of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Deed of Trust, with
<br />pocess, if any, paid to Borrower. to the event of a partial taking of the Property, unless Borrower and Lender otherwise
<br />t 4gresinwrilinp, thereshatlbeappliedtot hesumssecuredbythis Deed ofTrustsuchpropor moftheproceedsastisequalto
<br />#MProportiOn which theamountof the sums secured by this DeedolTrustimmediallely priart6theidale of taking beerstothe
<br />fair tilarW value of the pr immediately prior to the dab of taking. wM the balance of the proCaads paid to Borrower..- - •::. NOW Property, isabltrd�by Borrower. or if.~ notice by lLendertta:.6orrower that the contktnor otters to make are- ": •:::
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<br />award or soft a claim,11b;: damages. Borrower faits to respond to Lender vOlihIn 30 days after the di lesuch notice is mailed:., •:: ; ..
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<br />Lender is avfftoritedto collect and apply the proceeds, at Lender's opwn �imsr to reisflt -ation or raolr of the Pro�rty
<br />the suttee: furred * this Deed of Trust
<br />UniOSS Lender and lBorrawerotherwise ag :e+rinwribry,ezr suct►ap�itCi &Of�ofpreceedstopr2R alo*ti �itii afar .
<br />postpon+s th0 due dale of the monthly instaltrneolls referred to in paragzaptis 1 and 2 hereof or cbiatrge the afier>mt
<br />instalments.
<br />10. Molfl Neared. Extensionof" bine for payment orrtzditi�ationof amortization dltha�si�:�ss adtiytlris'
<br />Deed oT:Trustgran%d by Lender to any successor in interest of Basra>ter shall not operate to release, to any t*61 er, the .
<br />liability oldie original Garrower and Borrower's successors injo.rest. Lander shall notb6'required to commence pn",opedings
<br />against such successor or refuse to extend time for payttlerit..pv'otherwiss modify a; ri:tfization of the sums ssatrted by this ,
<br />- Deed of;i:ra►st by reason of any demand made by the origi fat BormWtiir and Borrowers successors in interest
<br />11. Forbawancei byf Latidi r HM a Waiwr. Any forbea�be by i mdb+; in exercising airy right or remedy hereu_rlder. ar" -`,>
<br />otherwise afforded by applicable law, shall not be a waiver of,or ppreolude the exercise of any such right or r hter�
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<br />procurement of insurance of the payment ottaxes or other liens of -charges by Lender shall not be a waiver of Letrtderhtto
<br />accede: ate the maturity of the indebtedness secured by this deed of Trust
<br />12. Rgtrnedles Cumulative All remedies provided in this Deed of Trust are distinct and cumulative to any dti'or right or,
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, indeoeridently
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Uability; 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. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interprat or
<br />define the provisions hereof.
<br />14. Nolksi- Ex. c,. Vt for any notice requited under applicable lawtobe given In another manner, (a) any notice toBorrowv
<br />provided for in this Used of Trust shall be givers by+rtailino such notice by certified mail addressed to Borrower at the Property.
<br />Address or at such other address as Borrower'Ma"Oesignate by notice to Lender as provided hwartn, and (b) any notice to
<br />lender shri , be given by certified mail, return receipt requested, to Lender's address stated herein or m such ottwaddress as
<br />Lender MUV designate by notice to Borrower as provided herein. Any notice provided for in this Deed WTrustshat!bedeemed
<br />to have been given to Borrower or Lender when given in the-manner designated herein.
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<br />15. Unilorm DoW of Trust; Governing Law; severabtMty. The form of deed of trust combines trriiform covenants for
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<br />national use use and non - uniform covenants with limited variations by jurisdiction to constitute a unifc rt 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
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<br />the eve ^t that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect0W provisions ofthis Deed 61ITtustor thisNole whichcon be given offectwithoulthe conflicting provisions, andto this
<br />end the provisions at the Deed of Trust and Ow Role are dWi4red to be severable.
<br />16. Borrower's Copy. Borrower slfadl,o furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />1T. Trend" of 11110 Property; Assumption. It all or any part of the property or an interest theroln is sold or transferred by
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<br />Borrowe3Twithout Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate lothis Deed
<br />of Truslvt; the creation of a purchase money security intererfar household appliances. (c) a transfer by devise descent or by
<br />operation; of law upon the death of a joint tenant or (d)the grant of any leasehold interest of three years or ►ass not containing an
<br />option to purchase, Lender may, at Lender's option, declareall 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 sate or transfer, Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deedof Trust shall beat such rate as Lender shall request If
<br />Lender has waived the option to accelerate provided it fll-js paragraph 17, and if Borrower's successor in interest has
<br />executed a written assumption agreement accepted in wrf ;h,0 by Lender, Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note
<br />If Lender exercises such option to acceteral-t. Lender shall mail Borrower notice of acceleration in accordance with
<br />14 hereof.
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<br />paragraph Such notice shall provide ar enlf4of not lessthan 30days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due. If Boriciwa, fads to pay such sums prior to the expiration of such punt. Lender
<br />may, w.t'h•aut further notice or demand on Borrower r ,vkr-,�^'ty remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Londw 0r covenant and agree u follows:
<br />It Accalwatbn; Ronredles. Except as proik•Sed • r,,a agraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreementof Borrower in this Deed of Trust inc.,� kr.2 tht c-wenantslo pay when due any sums secuciitdbythis Dosed of Trust
<br />Lender prior to acceleration shall mail notice to Boomfser as a•ovided in "vagraph 114 hereolspecityt+ gi (i )the breach; (2) the
<br />action required tocure such breach, (3)a date. nottessIra -;f;: daysfror nftie date thenoticeismsiledt� _lorrrntbrbr,bywhich
<br />such-breach must be cured, acrd (4)thatfailure to cure &XII itt1P;8.Ch on o- 'beforethe date specified in the nc!tice; may result in
<br />acCeWafiCinofthesumssecuredbythi sDeedofTrustandsaM .osthePr,�r;ow, j, The ncti 'shallfuMer B .ToweirofMte►
<br />right to reinstate after acceleration and the right to bring a crutat actton fosatsert the Cirri- existexlce M't1 dill% 1rx any olfw
<br />deeseofBorrowertoaccelerationandsale .Ifhebreachisnotcuredaf ovtWorethedatespecieitnhenoti. ce
<br />,Lenderat
<br />Lender's option may declare ate of the sums sacurb6, by this Deed of Tru•3: to be immediately due and ceyable without further
<br />demand and may invoke the power of We and arms other re w dies permitted by app(jcabl0 law. Lord w- shall beenMled to
<br />colfectaty, rsatonabtecostsand exWme, lncurrsa to remedies
<br />pursui%the provided inMia paragrayti z S. inch rdiog. but not
<br />timilsQt.40. reasonable stiorney s fees.
<br />If V#& ,lower of sale is Invoked, Trustee shat' r&.- Ord a notice of defau;t in each county in which the Property or some part
<br />thereof is tocatetdand shall mail copies of such r,,;tice in the manner prescribed by applicable law to Borrower and to the other
<br />persons prescribed by appticable.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 by law. Trustee,
<br />prescribed applicable without demand on Borrower,
<br />atWt seer the Prop"All public auctionto "is highest bidder at time and piaceand under theterms designated in the notice
<br />of sus v�, one or more parcels and in such order as Truslse 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 sate.
<br />L"_ r!! 42t4ft+!yrrsettlQlt!!:pl +;,'bd, Tau = Ghs1I" iv6 ;ta TiuOWSdty+6f (;WVeyir 016propwriysow.
<br />The recitals in theTrusNeb dead shal I be prima facie evidence of thetruth of the statements madethereino4rustee shall apply
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<br />M1e procNds of the sale in the following order. (a) to all reasonable costs and expenses of the sate, including, but not limited to,
<br />Truske'shlssofnotmorethan.._. ____ __�%01the ross sale price, reasonable attorney's fees and Costs of title evidence,
<br />(b) 10 Iii wore secured by this Deed of Trust; and (c) r� excess, it any, to the person or persons legally entitled thersto.
<br />10. Mrrewar'sl N Ratrtsle�e. 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 enforce the Deed of Trust discontinued st any time
<br />b the edllwf to (t) the fifth bef(r011110
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<br />PrKW occur of day sale of the Property pu rsuant to the power of sale contained In the Dead
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<br />of Trust Ili) entry of a judgment enforcing this Deed of Trust it (af Borroviter pays Lender all sums which would be then due
<br />under this Used of Trust, the Note and notes securing, Future Advances, if any, had no acceleration occurext(b) Borrower
<br />cures all breaches i,f arty other covenaw!) or agreemerts of Burrower c:oninrned in thin Deed of Trust (cl Borrower pays all
<br />fetasonabte eaP011 sell incurred by tender and Tiu9tee enforcing the rovenantaan* agreements of Hof contained in this
<br />tfe! edUlTri, ntltndlneitft3rtmgl. P:*. dersaridTrustee' f, renteclitlsay(: TOVtdc ^titnpara3!t!(JiliQtrptf!�} :"ciud;ng, but riot limited
<br />to feas"nabie,06i •:ey 9fe69. and(dt fft7J ?!)weir rakes such actiwE Asti CPtllet Play reasfmnbiv roga,ra to triallho tieit of
<br />±h•S'0004 fit Ti. -!)t l girder g interest tr) the 6rrplyE!ffj }In(j tjprr(7WCr 5 r-Lh(i llir,r rra ( itr the lion .. t;e,+ r,te'l by 111,4 De(}l1 fit T ruef
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