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TIMOTHIY J LARBY CHRISTI M LARBY ',a7 g �,�S 5�,� 3118133 06/24/1999
<br /> 9. Condemnation. Tl�e proceeds of any award or claim for damages, direct or consequential, in comiection with any
<br /> condemnation or other takiug of tl�e Property, or part tl�ereof, ar for conveyance in lieu of condemnation, are l�ereby
<br /> assigned and shall be paid to Lender, subject to the ternis of any mortgage, deed of trust or other security agreement with a
<br /> lien which has priority over this Deed of Trust.
<br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br /> modification of amortization of tl�e sums secured by this Deed of Trust granted by Lender to any successor in interest of
<br /> Borrower shall not operate to release, in any manner, the liability of the original Bonower and Borrower's successors in
<br /> iuterest. Lender shall uot be required to commence proceedings against such successor or refuse to extend time for paymeut
<br /> or otherwise modify amortization of tl�e sums secured by this Deed of Trust by reason of any demand made by tl�e original
<br /> Borrower and Borrower's successors in iuterest. Any forbearance by Lender in exercising any right or remedy hereunder,
<br /> or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such riglit or remedy.
<br /> 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
<br /> contained shall bind, and the rights hereunder shall inure to, the respective successors and assigi�s of Lender and Borrower,
<br /> subject to tl�e provisioi�s of paragrapli 16 hereof. All covenants and agreements of Borrower shall be joiut and several.
<br /> Airy Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust oiily to
<br /> grant a�id convey that Borrower's interest in tl�e Property to Trustee under the terms of this Deed of Trust, (b) is not
<br /> personally liable on the Note or under this Deed of Trust, and (c) agrees thzt Lender and any oth::r Borrower hereunder
<br /> may agree to exteud, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or
<br /> tl�e Note, without that Borrower's consent aud without releasing that Borrower or modifying this Deed of Trust as to that
<br /> Borrower's interest in tlie Property.
<br /> 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br /> Borrower provided for in tliis Deed of Trust sl�all be given by delivering it or by'mailing sucl� notice by certitied mail
<br /> addressed to Borrower at the Property Address or at such other address as Bonower may desiguate by notice to Lender as
<br /> provided l�erein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such
<br /> other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of
<br /> Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br /> 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the
<br /> jurisdiction in whicli the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this
<br /> Deed of Trust. In the event that a�ry provision or clause of tliis Deed of Trust or the Note conflicts with applicable law,
<br /> sucli cont7ict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without tl�e
<br /> conflictiug provision, and to this end tlie provisions of this Dee¢ of Trust and the Note are declared to be severable. As
<br /> used herein, "costs", "expenses" and "attorneys' fees" include all sums to tl�e extent not prohibited by applicable law or
<br /> limited herein.
<br /> 14. Borrower's Copy. Borrower shall be furnisl�ed a conformed copy of die Note and of this Deed of Trust at tl�e
<br /> time of execution or after recordation hereof.
<br /> I5. Rehabilitation Loan Agreement. Borrower shall fulfiil all of Borrower's obligations under any l�ome
<br /> rehabilitation, improvement, repair or other loan agre�ment which Borrower enters into with Lender. Lender, at Lender's
<br /> option, uiay require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assigmnent uf any
<br /> rights, claims or defet�ses which Borrower may have against parties who supply �abor, materials or services in comiection
<br /> widi improvements made to the Property.
<br /> 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
<br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
<br /> person) witliout Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
<br /> secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal
<br /> law as of the date of this Deed of Trust.
<br /> If Lender exercises tl�is option, Lender shall give Borrower notice of acceleration. The notice shail provide a period
<br /> of not less tl�au 30 days from tl�e date tl�e notice is delivered or mailed within which Borrower must pay all sums secured
<br /> by tl�is Deed of Trust. If Borrower fails to pay these sums prior to the expiration of tliis period, Lender may invoke any
<br /> remedies permitted by this Deed of Trust without further notice or demand on Borrower.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any
<br /> covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10
<br /> calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give
<br /> notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure
<br /> such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach
<br /> must be curecl; and (4) that failure to cure such breach on or before the date specified in the notice may result in
<br /> acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform
<br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of
<br /> a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date
<br /> speci6ed in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be
<br /> immediately due and payable without f�a�ther demand and may invoke the power of sale and any other remedies
<br /> permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in
<br /> pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees.
<br /> If the power of sale is invoked, Trustee shall record a notice of�lef�u!!.:�n�ach county in whic�r the Proper.y or
<br /> some part thereof is located and shall maii copies of such notice in the manner prescribed by applicable law to
<br /> Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by
<br /> applicable law, Tri�stee shall give public notice of sale to the persons and in the manner prescribed by applicable
<br /> law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br /> and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee
<br /> may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br /> ancl place of any previously scheduled sale. Lender or Lender's designee 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
<br /> Property sold. The recitals in the Trustee's deed shall be pr(ma facie evjdence of the truth of the statements made
<br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of
<br /> the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of the gross sale price,
<br /> reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Tr��st; and (c) the
<br /> excess, if any, to the person or persons legaily entitled thereto.
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