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<br />39--104854
<br />9. 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 partthereof, or far 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 beappiiedtothe sums securedttjrthist ? eedof Trustsuch proportion of Me proceeds asis equalto
<br />that pratpartion which the amount of the sums secured by this Deed of Trust immediately prior to the date of takingbearstothe
<br />fair r:rarkat value o! the property im:nediatety prior to the daUe of
<br />king. with the balance of the proceeds pant to Borrower.
<br />It the Property is abattdaned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers 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 />the sums secured by this Deed ct Trust
<br />Untess Leenderand Borrawer otherwise agree in writing. any such application of proceedsto principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 3 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sumssecured bythis
<br />Oeed of Trust granted by Lender to any successor in interest of Borrower shaft not operate to release, in any manner, the
<br />liability of the original Borrowerand Borrower's successors Irterest. Lendershatl not>:e required tocomtnence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amorGzahon of the sumo secured by this
<br />Oeed of Trust by reason of ar..y. demand made by the original Borrower and Borrower's successors in intergOt.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising 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 insuranceof the payment of taxes or other liens or charges by Lendershall not be a waiver of Lender's rightto
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />17. Reeradks 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 eY..Orcised concurrently, independently or
<br />successively.
<br />13. Suceessars. arfd AsgWm Bound; Joint and Several Liablfily; 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 />subjectto the pravlalitns of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The
<br />de tutu$ and hearbogs of the paragraphs of this Deed of Trust are for convenience only and are not to be used to Interpret or
<br />curie: fho provislaris bereal.
<br />1� bCa4.i =n x8fora° ym�. 0ce required under applicable law tobegivenin another manner. (a)anyrOcetoBorrower
<br />pravidradfar in thzs Deed of Trost shall be given by mailing such notice: b); certified mail addressed to Borrowwe ite Property
<br />Addressor at such other address as Borrower may designate by notice c*o Lender as provided 1FerGin. and (b) any notice ftz
<br />tender shall be given by certif ed mail, return receipt requested. to Lendef s address stated herein cr to such otheraddress as
<br />Lender may designate by noticesa Borrower as provided herein. Any notice provided for.in this Deed of Trust shalt be deemed
<br />fd i%�ve been given to Borro*zrc.r Lender when given it tt�.e manner designated herein.
<br />I&.. Uniform Deed ot.ri utift. Governing Law; Severabi,Bl!y. The form of deed. of. trust combines uniform covenants for
<br />national use and roar,- urrti'orm covenants with limited variations by jursdiction to vonstitute a uniform security instrument
<br />covering real propxvik�. This Deed of Trust shall be governed by the liw. r,; f the jurisdiction in which the Property is located. In
<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 Trust or the Note which can be given effect without the conflicting provisions, and tothis
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. 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 dime Property; Assumption. If all or any pan of the p:. uporty or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written cor. sent, excluding (a) the creatlain of a lien or encumbrance subordinate to this Deed
<br />of Trust (b) the creation of a purchase moneys iazurity ingestfor household appliances. (c) a transfer by devise descent or by
<br />oper.Vt -,on of law upon the death of a jointterra or (d) thsgant of anyteasehotd interest of three years or less notcontaining an
<br />optA6nRDpurchase, tender may., at Lender's option, dec!am, all the sums secured b-0 INs Deed of Trust to be immedistelydue
<br />and i )Ayable. Lender shall hake waived sx,?, option to accelerate if, prior to the save or transfer. Lender and the person to
<br />whom the Property is to be soil or trans°xr;6� reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and thatEat "rfterest payable on the s =ans secured by this Deed+c;f 7rtjst shall beat such rate as Lender shall request. if
<br />Lender has waived the option to accelerate provided in this paraG;ral31;° 17, and if Borrower's successor In Interest has
<br />exe> Owed a written assump•.ic agreement accepted in writing by Lendef Lender shall release Borrower from all obligations
<br />undrea CtSis Deed of Trust aid +y-x Note.
<br />If Lender exercises such option to acQ &'',;:ate, Lender shall mail Borrower no ~ice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall plc +tis'r : a period of not less than 30 days from the date the notice is mailed within wh.,i*
<br />Borrower may pa,.-the sums declared du-, fi3orrower fails to pay such sums prior to the expiration of such period. Lend ur
<br />may, without further notice or demand or Sorrower. invoke any remedies permitted by parag aXfn 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lends? further covenant and arr,ree as follows:
<br />TV?. Acceleration; Remed+•fee. Except as provided i.r• paragraph 17 hereof, up(.(, Borrower's breach of any covenant or
<br />agr•rr sMentof Borrower in thisDeed ofTrust, includirg lnr-_ :ovenantsto pay when p,ra any sumssecured by this Deed of Trust
<br />Ler4erpriortoarceterationshall mail no!tcr 1-, :,P3*rra Woit,as provided in paragrapt."1.1 hereof spe•; , ling: (1)the breach; (2) the:
<br />actiu"r. required 1!t,, cure such breach; (3) a lost o, not ies„illan 30 days from the dateil a notice is sailed to Borrower, by wKc
<br />such`t;reach rr.ij.417ecured; and (4) thatfaii:ureto cur 1 luxM breath on or before "Ni date specifiers in the notice may resultin
<br />accriaration of the sums secuf od. by this Deed of Truetarxl sale of the Property. The nf:rice shall further inform Borrower of the
<br />rig`Clio reinstateafter aeeelei-af ri and the right tot:.r 7ft; is court action to assert t! a non- existence of a debijift or any other
<br />defenseof eorrowertoacceler"; .-n andsale. If the brui(Vt-(s not cured on or befog, trio date specified in th•erritce. Lenderat
<br />Lender's option may declare all of secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the pcwsr ,af nale:,at:d any other remedies permitted by applicable lzo Lender stmrll be entitled to
<br />colleetall reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18. including, but not
<br />limited to, reasonable attorney's fees.
<br />If the power of sale is invoked. Trustee shall record a 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 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 atpublic auction to the highest bidder al the time and place and under the terms designated in the notice
<br />of We in one or more parcels and in such order as Trustee may determine. Trustee may postpone sate 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 />Upon receipt of paymentof the price bid. Trustee shat! deliverto the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee'sdeed shall beprima facie evidence of thetruth of thestatements made therein. Trusteeshall apply
<br />the proceeds of thesate in the following order. (a) to all reasonable costs anO expenses of the sale, including, but not limited to.
<br />Trustee's fees ofnot more than %of the gross sale price. reasonable attorneysfees and costs of title evidence;
<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 />19. iorrowees RISM b Reinatale. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall havethe right to have any proceedingsbegun by Lender to enforce the Deed of Trust discontinued at any time
<br />prior to the earlier to occur of (il the fifth day before the sale of the Property pursuant to the power of sale contained in the deed
<br />of Trust fir) entry of a judgment enforcing this Deed of Trust d. (a) Borrower pays Lender all sums 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) 13orrower
<br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust (c) Borrower pays ell
<br />reason(►btoexpensosincurredbyLenderacrdTrusteeenforcingthecovc-nantJandagre•ementsOf 130tVOWEer rontained in this
<br />Deed of Trust and in enforcing Lender's and Trustees s remedies as provided w paragraph t$ rereof..nLludiftr3, but not4nrited
<br />to, reasonab+eattornoy's foot, and (d) Borrower take:; such fiction as tender miry re;assnably reuurie t:) assure that the lien of
<br />th9 Uaed �f Trust. Lr titter's irtcrest ur tiirr hropt rtyand fiotrpwcr's ubity itiuii to p;ry thfr sumn sec:urr ��
<br />by Mo. (leod of Trust
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