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F'
<br />gs�_r 104615
<br />S. Condemnation. The proceeds of any award or claim for damages, direct or conrlectuehlof. in connection with any
<br />condemnation or other taking of the Property. or partthereot or tar conveyance in lieu ell ,aondctmf tktion, ate hereby as:iig wd
<br />and shalt be paid to Lender.
<br />In the event of a total taking of the ptopetA'ty, the proceeds shall be applied 1R the sums securrad' 1(.th(e Deed of Trust with
<br />the excess, if any, paid to Borrower. in the event of a partial taking of the Property union SorrowOand L&xW otherwise
<br />agree in writing.thereshall be applied tothe sumaseoarred bythis Deed otTrustsuch proporti In allitapmeeedsae isegtmalto
<br />i thatproportion which theamounto fthesums secured by this s? eedofTrust^ mmedtagttypria rtaOtedaboftddnsbomItoMUMS
<br />.fair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.
<br />,4f this Property is abandoned by iorrower. or it after notice by Lender b Borrower that She condemnor oilers fro maiet[an
<br />award or settle a claim for damages, Borrower fails to respond to Lender within 30days afferthedate such no** is rnailoil.
<br />Lender is authorized to collect and apply the proceeds, at Lender's option► either to nsat MMOO or repair of Vie Property or to
<br />the sums secured by this Deed of Trust
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceedsto principal shelf notexfendor
<br />00811porte the due dab of the monthiy inotatlments referred to in paragraphs 1 and 2 hereof or change the amount of such •
<br />ir°msW(nmetltts '
<br />It dorrowerNa/ Released. Extension ofthatime for payment or modification of amortirAtIonafthesurnsiswured bythis
<br />Peed of Trt;M granted by Lender to any successor in interest of Borrower shall not opamte to rrtljtaae, in any manner, the
<br />lfitfajli{y; 11 isoriginalBorrowerandBorroweessuccessorsinterest. Lendershal latotbersquiiaQtudommtincsprocMdings
<br />iirvg z sgccessor or refuse to extend time for payment or otherwise modify amortization of-thet sufos wuad 6y this
<br />Iirleted,r�4::ltYrj&.by reason of any demand made by the original borrower and Sarmwers successors in Wilifeat -
<br />11. Fir n" by Lender Not a Waiwe•. Any forbearance tfy,bender in exercising any right or remedy herei rr'Wc or
<br />otherwise I dad by applicable law, shall not be a waiver otticpp.t rude the exercise of any such right or .The
<br />procurement 0insuranceafthe payment of taxes or other lions orch nMesbyL ender shall not bee waiver oflendee t-. 0 !to
<br />accelerate the maturity Otft indebtedness secured by this Deedof q. At
<br />12. Remedies Cwnub in All remedies provided in this Deed Q 'Vivo ate distirirt and cumulative to any other right or
<br />remedy undeft. this Deed of Trust or afforded by law or equity,. ?Tt j &ay<ba exarrinsd:concurrently, independerry or
<br />successively;
<br />13. Su ors and Asa" Bound; Joint and Several Liatiiitty; Captfana. Via covenants and agreements t'terein
<br />containedsl aif bind, and the rights hereunder shall inure to, tho rasgectivesuccessomarldassigns of Lender and Borrower.
<br />subject toth :lK1Ovisions of paragraph 17 hereof. All covenants'eie�i'agreements ct-gordowershatl be oirtand several. The
<br />captions andztiddings of the paragraphs of this Dead of Trust are for com+anionde only and are not to besused to interpretor
<br />dwine the pro isions hereof.
<br />oll: 4.
<br />14. NExceptforany notice required under appli cab. Wf,, iw. tirbegivelinanother manner, (a) any noticetor Borrower
<br />provideditrii t" aDeedofTrustshallbegivenbymail ingsuchmillets. bycertifiedmarladdressedtoBorrowerattheProparty
<br />Address ct aCsuicim other address as Borrower may designate kYi rtotfce to Lender as provided herein, and (b) any nonce to
<br />tender shalltsi en by ceirtified mail, return receipt requested. toWnder's addrbss stated herelnor to such other address as
<br />Lwder may designate by riatice to Borrower as provided herein. Any notice provided for in this Deed of Trustshall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. tlnifgrmr Bead of Thist; Governing Law. Serambiffly. The form of deed of trust combines uniform covenaft for
<br />national uw. and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security iesf mmont
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is loceilled. In
<br />the event that any provision or clause of tdis Deetd. e! Trustor the Nate conflicts with applicable law, such conflict shall not
<br />Wflectother provisions of this Deed of tst'ihd>
<br />t ._' , _, , Jan bsQiyen effect without the conflicting prtn rir'�r'ons. and tothia
<br />end the provisions of the Deed of T isst ttset belssailto fee severable.
<br />15. Norrowar's Copy. Borrowerlt)iel. „ . �ijrr►i st d copy of the Note and of this Deed of Trust at the Vne of
<br />execution or after recordation herec,T.
<br />17. Tramster of the Property; Assumption. It all or any part' ur 11•fe property or an inter,"41barein is sold or transferred by
<br />Borrower without Lerider'a prior written consent, excluding (a) the creation of a lion or ore t.rnt;rance subordinate to this Deed
<br />of Trust, (b)the creation d:'6t purchase money security interest for household apprianc;es, sc; a transfer by devise descentor by
<br />:Ondfion perationoftaleaseholdw3Westc�fthreoyearsorlessnotcontainingan
<br />to purcsums secured by this Ceed of Trust to be immediatiaty due
<br />payable . ILender shalt have waived such opttq: t;; accelerate if, prior to the acts or lr. tsasfer, Lender end the parexm to
<br />whom the ,1siperry is to be sold or trans/erroad rea l r ;reemsr r in writing that the creolt,rf -Such person is satisfactlrx^y to
<br />Lender artd'rnatths intersst payable on the sums ssra� Teri Icy trs� tlaed of Trust shall be at suct7 rate as Lender shall roq>zlest It
<br />Lender has waived the option to accelerate praridS t rn. this paragraph 17, and if Borrowar's successor in interest has
<br />executed a written aswmption agreement accepted ir' wnt�ng by l ender 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 accorearti:xl with
<br />paragraph Tai . ereof. Suchnonceshallprovideaperiodofnotlessthan30daysfr omthedaftIt itsnoticeismailedwstftitswhich
<br />Borrower ehay,'r ay the sums declared due. If Borrower faits to pay such gums prior to thee;t. ;irstion of s,.ch per.ad, Lender
<br />May, without '6rther notice or demand on Borrower, invoke any remedies permitted by paragraph 18 her - enf.
<br />NON - UNIFORM Ct2HLt3t(ANTS. Borrower and Lander furOw covenant and agree as follows:
<br />15. Acc#AwsYon; R 14 as. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Dowd., Trust,
<br />Loader pnorto acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the bre_*:P,; F2) the
<br />action required to cure such breach: (3) a date, not bsethan 30 days from the datathe notice is mailed to Borrower, ry -which
<br />such breachi must be cured; and (4) that failure to cure. such breach on or beforethe date specified in the• nct+ce may result in
<br />acceleration of the sums secured by this Deed of Trual and We of the Property. The notice shall further inform Borrower of the
<br />69M to reinstate after acceleration and the right to br ing a courl'sction to assert the non - existence of a default or any other
<br />defense of t9itrraower to acceleration and-sale. If the breach is runt cur. ?d on or before the date specified in the notice. Lender at
<br />lender's olitfon may declare all of the aunts secured by this Oeed W'trust to be immediately due and payable without further
<br />demand and may invoice the power of -%►e and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collectell reasonable costs and exeerws incurred in pursuing the remedies provided in the paragraph 18. including, but not
<br />limited to, reasonable aMtxney's fees
<br />It the power of sale is invoked. Trustee shalt record a nonce 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 manner prescribed by applicable law to Borrower and to the odw
<br />persons proscribed 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 proscribed by applicable law. Trustee: without demand on Borrower.
<br />shall sell the Propertyat public auction to the highest bidder atttletime and ptaceand under Meterms designated In lfre notice
<br />of sale in one or more parcelsand to 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 sale.
<br />U,- -nrtaeipiBffr:'j..rr:ott>"..�.)irf of ° Tfu:'�w�.atts�:v�+t.�tll�.=S:tt wwnrTru„t° 4rrdeedConvayin !t!�sPrope tsaid.
<br />The recitals in theTru6iiii deed shall be prima facts evidence of the truth of the statements madetherain. Trustee shall apply
<br />the proceeds of this sale In the following order (a) to all reasonable costs and expenses of the sale, including, but not limited to.
<br />TrusWitfeesofnotmorettmsn _ the grosssalopficer. reasonable attorney'afees and costs of tiftevidence;
<br />(b) to ant sums secured by this Deed of Trust; and (c) the excess. if any, to the person or persons legally entitled thereto
<br />It So Gr eWs flig1t1 to 111 -11- lace. Notwithstanding Lender's acceleration of the sums secured by this Dead of Trust
<br />Bcwrower shall have ere right to have any proceedings begun by Lender to enforce the Deed of Tru stdiscontinued at any time
<br />prlar to the esrf ier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in the Deed
<br />of Trust (r[i antri of a Judgment enforcing this Deed of Trust it (a) Borrower pays Lender alt sums which would be then due
<br />under this peed of Trust the hotel and notes securing Future Adrances. if any. had no acceleration occufed-ib) Borrower
<br />cure$ fill breathes of any other covensnts or agreanrents of Ronower container in this f3eed of Trust icy Borrower payar all
<br />rsascinswabit jiensesui tufrent! bytender and Trustee entofcing the covenants and agreementsofaoifu rercontained[nthis
<br />D WcilTtu s!sang if, enforc:ng Lender's and Trusteer, remedies as provided inparagrapti 18hereof 'nc[udnig butnoti[nuto(J
<br />tu.femss illtiia ^es, and( d) Bor rowertakessuchacti ottnsLWndetma yrr,'%s lizi abi yte;Juitt+toasn:rrematthoLienof
<br />tttls Ueerd the Vropustoand (jUrrUMGt 3 cibi:gnt: rr, to pay the Su'r *, SEtutCd bL rh"S Llevd v► Tru,t
<br />$, ti `d�[LJt +L£1!{Fl i.`, M:I; "3�r�1 itj3U`Y9:lLn u�y•n ltht 3ndGUt$b�f3ClrroWt'r this i3Re[1 !�f Tru�9:l l-rr th+�i: t.' ii;[ri;t• +•. St�G UtC•t Prr7tHby
<br />sr.a:i it, fu': !ur o at -4 uffect c:) 0 nom tit ce:etr.tion Rae occurred
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