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<br /> � 89-- 106663
<br /> 9. CandamnwUo�. �he proceeds vt any award or cla►m to►damages, d�rect ar consoquontial,+n connACtion with any
<br /> � condemnutio�or other taking of the Property,or part thereof,or fa�conveyance in Ileu o1 condemnaUon,are herebyassigned
<br /> a�ti1 shati be paid Fo Lender.
<br /> !n the evenl of a total taking ol the pioperiy,the proceeds shall be appNed to the sums secured by this Rr�ed of Trust,with
<br /> the excess,if any,paid ta Bar�awer.In the event ot a pa►tial taking at the Property,unles.t Borrowsr and Lende�othe�wlae
<br /> agree in wnting,there shall be applied to tt�e sums secured by this�eed of T�uat such propartion of the proceeds es i�equal to
<br /> that proportion which the amount of the sums secured by thi�p�ed of T�ust immediatety prlor to tha date oitaking beare to the
<br /> fei�market value of the property immediately prior to the date of taking,with the balanco 01 the proceeds paid to Bot�ower.
<br /> If the P�operty is abandoned by Borrower,or!t,efter notice by Lender to Borrawar thet the condemnor oftero to make an
<br /> award or sottle a claim for damages,Borrowe�fails to respond tp Lender within 30 days after the date such notice is rtaailed,
<br /> L�nder is autharized to collect and+apply the procee�s,ai Lender's option,either to reatoretion or repair of the P�operty or to
<br /> the sums secured by this Oeed ot Trust.
<br /> Unless Lender and Bor�ower otherwlse agree in writing.any such application ot proceeds to p�lncipal shell not extend or
<br /> postpone the due date of the monthly instaliments reier►ed to in pa�agraphs 1 and 2 hereol or chenge the amount o!such
<br /> instaliments.
<br /> ' 10. Bor�ow�►Not Rel�as�d.Extension o1 the time tor payment or modillcation of amortization of the sums secu�ed bythis
<br /> Deed of Trust granted by Lender to any successor in Interest of Borrower shall not operata to retease,in any manner,the
<br /> liability of the ariginal Borrower and Bo�rower's successors interes�Lende�shall not be required to commence proceedings
<br /> agalnst auch successor or retuse ta extend time fo�payme�t or othervvise modify amortfzation of the sums secured by this
<br /> Deed of.Trust by reason of any demand made by the originai Borrower and Borrower's successors in interest
<br /> 11. Forb�a��nc�by L�ndt�Nal a Waiv��.Any forbearance by Lender in exerclsing any right or remedy hereunder,or
<br /> otherwise attorded by appUcable law,shall not be a waiver of or preclude the exercise of a�y auch right or remedy.The
<br /> procurement ollnsurance of the payment of taxes or ather liens or charges by Lender shall not be a waiver of Lender's riphtto
<br /> accelerate the maturity o!the i�debtedness secured by this Deed of Trust
<br /> 12. R�m�dhs Cumulatirs All remedies provided in this Oeed of T�ust are distinct and cumulative to any other rlghl o�
<br /> ►emedy under this Deed of T►ust or afforded by law or equiry, and may be exercised concurrently, independentiy or
<br /> successively.
<br /> 13. Succes�ors and Asal ns Bound; Jotot a�d Saveral Liabiiliy; Captions. The covenants and agreements herein
<br /> contained shall bind,and the r�ghts hereunder shall inure to,the respect�ve successors and asstgns of Lende►and 8o�rawer.
<br /> subjeat ta tha provisian3 01 parayrapi�i 7 hereof.Aii covenants and agreements of eor�ower shall be joint and several.The
<br /> captions and headings of the parag�aphs of this Deed of Trust are tor convenience only and are noito be used to interpretor
<br /> define the provlslons hereot.
<br /> 1�1. Notie�.Exceptfor any notice required under applicable law to be given in another manner.(a)any noticeto Borrower
<br /> provided for in this Deed of T�ust shall be given by mailing such notice by certitied mail addressed to Borrowe�at the Property
<br /> Address or at such other address as Bor�ower may designate by notice to Lende�as provided herein,and(b)any noUce to •
<br /> tender shall be given by ceRified mail,return�eceipt requested,to Lender's address stated herein or to such other address as
<br /> Lender maydesignate by notice to sorruwer as provided herein.Any notice pravided for in this Deed of T►ust shall be deemed
<br /> to have been given to Borrower or Lender when given i�the manner designated herein.
<br /> 15. UnNorm DNd of Trust;Gov�rnln� I.�w;S�v�rab(lity.The form of deed of trust combines unitorm covenants for
<br /> . �a1iell�l:e��Irit/11�ti�.cDxeriants with Ilmited variationc hy;i�ricr�i_r.ti�n tn rr��ntit!!!8�Lr.'slQns;�.wCtsrlf�8::°,:.-;::r„.^.: �
<br /> c !¢r � �d'DT rust shall be governed by the law oi the jurisdictian in which the Property�s located.M ` � ��•.`
<br /> th ev that a � �af this Deed of Trust or the Note confticts with applicable taw,such conflict shall not
<br /> aH 1 o f rustorthe Note which can be given etfect without the conflicting provisions.andto this �
<br /> e� cl o rust and the Note are declared to be severable.
<br /> 16. BoROw�r's Copy.Borrower shall be turnished a conformed copy of the Note and oi thls Deed of Trust at the time of -
<br /> execution or aitor recordation hereof. ' -
<br /> 17. Tnntter of th�Prop�rty;Assumptian.li all or any part oi the property or an inierest therein is sold or transferred by "`
<br /> Borrower without Lender's prior written consent,excluding(a)the creation of a lie�or encumbrance subardinatetpthis Deed
<br /> of Trust,(b)the creation of a purchase money security interest for household appliances,(c)a transfer by devlse descent o�by °
<br /> operation o!law upon the death of a joint tenant or(d)the grant of any leasehold interest of three years or less not containin�an
<br /> option to purchase.Lende�may.at Lender's option,declare afl 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 transtar,Lender and the person to ;�
<br /> whom the Pro,perty is to be sotd or transferred reach agreement in writing that the credit of such person is satisfactory to �_
<br /> Lender a�d thatthe interest payable on the sums seCUred by this Oeed ot Trust shall be at Such rate as Lender shall repuest If
<br /> Lender has waived the option to accelerate provided in this paragraph 17,and if Borrower's successor in inte�est has ��
<br /> executed a written assumption agreement eccepted in writing by Lender,Lender shall►elease Borrower from alt obUgations ' �'`
<br /> under this Oeed ot Trust and the Note. �;�
<br /> If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br /> , paragraph 14 hereof.Such notice shall provide a period of not less than 30 days irom the date the notice is mailed within which ��
<br /> Borrower may pay the sums declared due.Ii Borrower tails to pay such sums prior to the expiration of such period.Lender x
<br /> may,withou4 further notice or demand on Borrower,invoke any remedies permitted by paragraph 18 hereof.
<br /> NON-UNIFORM COYENANTS.Borrower and Lender further covenant and a�ree as tollows:
<br /> 18. Acceleration;Remedies.Except as provided in paragraph 17 hereof,upon Borrower's breach of any covenant or
<br /> agreement of Borrower in this Deed ot Trust,including the covenants to pay when due any sums seCUred by this Deed of Trust,
<br /> Lender priorto acceleration shall mail notice to Borroweras provided'+n paragraph 14 hereof speciiying:(1)the breach;(2)the
<br /> action�equired to cure such breach;(3)a date,not less than 30 days from the date the notice is mai led to Borrower.by which
<br /> such breach must be cured;and(4)that faiture to cure such breach on or before the date specified in the notice may result in
<br /> acceleration o!the sums secured by this Daed of Treesiand sate of the Property.The notice shall further infarm Borrower of the
<br /> � :�ght to reinstateafter acceferat�on and the right to bring a coun action to assert the non-existence of a d8lault or any other
<br /> . defense of Bor�owerto acceleration and sale.(f the breach is notcured on or before thd date specitied in the notice.Lender at
<br /> Lender's optio�may declare all of the sums secured by this Deed of Tnist to be immediately due and payable withoutfurther
<br /> demand and may invoke the power o}sale and any other remedies permitted by appticable law.Lender shall be entiUed to
<br /> collectall 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 o!default in each county in which the Property or some part
<br /> thereof is located a�d shall mail copies of such notice in the manner presc�ibed by applicable law to Borrower and to tha other
<br /> pe�so�s prescribed by applicable law.After the lapse oi such time as may be required by appllcable law,Trustee shall give
<br /> public notice oi sale to the persons and in the manner prescribed by appticable faw.Trustee,without demand on Borrower, - -
<br /> shall setl the Propertyrat pubHc auctlon to ths highest bidderat the time and placeand undertheterms designated in the notiCe � �
<br /> o}sale in one or more parcets and in such order as Trustee may de2ermine.Trustee may postpone sale of all or any parcel oi '
<br /> the Property by pubfic ennouncement 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 o}peyment of the price bid,Trustee shali deliver to the purchaser Trustee's deed conveying the Property so�d.
<br /> The recitals ln theTrustee's deed shall be prima facie evidence of the tr,uth of the statements made therein.Trustee shall apply
<br /> the proceeds ot the sale in the following order:(a)to all reasonab�e costsand expenses of the sale,including,but not limited to, �
<br /> Trustee'a teea o1 not more than 95 of the gross sale price,reasonable attorney's fees and costs of title evldence; �
<br /> L (b)to all sum�secured by thia Deed of Trusf;and(c)the excess,if any,to tha person or persons legatly entitled thgre2o.
<br /> 1!. Borrow�r's Rlphf to RNndat�.Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, ��
<br /> Borrower shall havethe right to have any proceedings begun by Lender to enforce the Oeed of Trust dlscontinued at any time
<br /> prior to the earlier to occur of(i)the fifth day beiore the sal9 ot the Property pursuant to the power o1 sale contained in the Deed ��`'
<br /> of Trust(ii)ent►y ot a judgment entorcing this Deed o}Trust if:(a)Borrower pays Lender all sums which would be then due ��
<br />_ under this Deed ot 7rust,the Note and notes securing Future Advances,if any,had no acceleration occured:(b)Borrower �
<br /> curos all breaches of any other covanants or agreements ol 8orrav�er cuntainod in this Deed of Trust:(c)Borrower pays all r� �
<br />- reasonableexpensesincurredbyLanderandTrusteeen}orcingthecovenantsandagroementso}Borrowercontainedinthis ''° "
<br />- Deed o1 T►usland in enloroing Lender's and T►usiee's remedies as provided m paragraph 16 horeof,�ncluding,but nnt hmited
<br />- to,reasonable:.+norn�y��}oes,and Id)E36rrower takes such act�on�s Lender may reasonably requuQ to�ssu�e thet tht�lipn ol
<br /> this D88d a1 TrusL Lenddr's mlordyt in lhe PruRarty and 6orrower's obl�gation to pay the sums ser,ured by this Deed of Trusl
<br /> shall Confinufl unur�pa�r�d Upon sur.h payrnHnt nnd Curt�by gorrower.thi�nec�d ot Tru,t�nd ttie�uh��.ryrif�����t St�curetS hta►pt�y
<br />_ 5►�711 rdtn��n m tuu furt,v and Fiffect:IS����U BCCbl�ti�tiOn Y�Ad UCt.urtl�d 1
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