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� DAROT: E OBERMILLER JENNIFER J OBERMILLER 9 9 �o ! 1 O o102699 07/14/1999
<br /> 9. Condemnation. The prciceeds of any award or c(airn for damages, direct or consequeutial, iu com�ection witl� any
<br /> condemiiation or other takitig of the Property, or part thereof, or f��r conveyance in lieu of coiidemnation, are liereby
<br /> assigned and sliall be paid to Lender, subject to the terms of auy mc�rt�age, deed of trust or otl�er security a�ree►nent with a
<br /> lien whicli lias prioriry over tl�is Deed of Trust.
<br /> 10. Borrower Not Released; Forbearance By Lencler Not a Waiver. Exteusion of the time for payment or
<br /> moditication of ainortization of the sums secured by diis Deed of Trust granted by Lender to any successc�r in interest of
<br /> Borrower sl�all not operate tci release, in any manner, the liability of tl�e ariginal Borrower and Borrower's success��r� in
<br /> iuterest. Lender shall not be required to conulience proceedings abainst such successor or refuse to extend ti�ne for payment
<br /> or otherwise �Yiodify a►nortization of the sums secured by this Deed of Trust hy reason of any demand made by tlie oribinal
<br /> Borrower and Borrower's successors in interest. Auy forbearauce by Lender iu exercising a�iy right c�r remedy hereunder,
<br /> or otherwise afforded by applicable law, sliall not be a waiver of or preclude the exercise of any such riglit or re�nedy.
<br /> 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
<br /> contained sl�all bind, and the rights hereunder sl�all iuure to, tlie respective successors and assigns of Lender and Borrower,
<br /> suhject to tlie provisious of paragrapl� 16 hereof. All coveuaiits and a�reemeuts of Borrower sl�all be joint and several.
<br /> Any Borrower wl�o co-si�ns this Deed of Trust, hut does not execute the Note, (a) is co-signing tl�is Deed of Trust oiily to
<br /> grant aiid cc»ivey tl�at Borrower's i�iterest in tiie Property to Trustee under tl�e tenns of tliis Deed of Trust, (b) is not
<br /> persoually liable on tlie Note or under this Deed of Trust, and (c) agrees that Lender and airy other Borr<��wer hereunder
<br /> may agree to extend, modify, forbear, or make airy other acconunodations with regard to the terms of this Deed of Trust or
<br /> the Note, witl�out tl�at Borrower's consent and without releasiug tliat Borrower or modifyiug this Deed,o Trust as to that
<br /> Borrower's iuterest in tl�e Property. ''� ��� �,������ ���
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<br /> 12. Notice. Except t��r any notice required under applicable law to be given iu anotl�er manner, (a) any notice to
<br /> Borrower provided for in this Deed of Trust shall be aiven hy deliverin� it or by mailiu� sucl� notice by certified mail
<br /> addressed to Borrower at tl�e Property Address or at such otl�er address as Borrower inay designate by notice to Lender as
<br /> provided lierein, aiid (h) any notice to Lender shall be given by certified mai] to Leuder's address stated herein or to sucl�
<br /> otlier address as Lender inay desigi�ate by notice to Borrower as provided herein. Auy notice provided ti�r iu this Deed of
<br /> Trust shall he deemed to have been given to Borrower or Leuder when aiveu in the manner designated l�ereiu.
<br /> 13. Governing Law; Severability. Tlie state and local laws applicable to this Deed of Trust shall be tlie laws of the
<br /> jurisdiction in wliicli die Property is located. The foregoing sentence sl�all not limit the applicahility of Federal law to this
<br /> Deed of Trust. In the event that auy provisiou or clause of this Deed of Trust or the Note conflicts with applicable law,
<br /> sucl� conflict sl�all uot affect otl�er provisions of tl�is Deed c�f Trust or the Note which caii be given effect witliout the
<br /> conflicting provision, and to tliis end tl�e provisions of this Deed of Trust and tl�e Note are declared to he severable. As
<br /> used hereiu, "costs", °ex�euses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
<br /> limited herein.
<br /> 14. Borrower's Copy. Borrower shall be furnisl�ed a conformed copy of the Note and of tl�is Deed of Trust at the
<br /> time of execution or after recordation hereof.
<br /> 15. Rehabilitation Loan Agreement. Borrower stiall fulfill all of Borrc>wer's obligations under any l�ome
<br /> rehabilitation, improvement, repair or other loau agreement wl�icl� Borrower euters into with Leuder. Lender, at Lender's
<br /> optioii, may reyuire Borrower to execute a�id deliver to Lender, iv a form acceptable to Leuder, an assigiuneut of any
<br /> rights, claiuis or defenses which Borrower may have against parties who supply labor, materials ar services in connection
<br /> witl� irnprovenients made t�� the Pruperty.
<br /> 16. Transfer of the Property or a Beneficial Interest in Borrower. lf all or any part of tl�e Properry or auy interest
<br /> iti it is sold or transferred (or if a beneticial interest iu Borrower is sold ar transferred and Borrower is not a uatural
<br /> person) without Lender's prior written conseut, Lender may, at its option, require immediate payment in full of all sums
<br /> secured by this Deed of Trust. However, tliis option sl�ali tiot be exercised by Lender if exercise is prol�ihited by federal
<br /> law as of tl�e date of diis Deed of Trust.
<br /> If Lender exercises this option, Leuder shall give Borrower notice of acceleration. Tl�e notice shall prc�vide a period
<br /> of not less tlia�i 30 days from the date tlie uotice is delivered or mailed within wliicl� Borrower must pay all sums secured
<br /> by tl�is Deed of Trust. If Borrower fails to pay these sums prior to tl�e expiration of this period, Lender may iirvoke any
<br /> remedies permitted hy this Deed of Trust witl�out further notice or demand ou Borrower.
<br /> NON-UIVIFORM COVENANTS. Borrower and Le�ider further covena�it and a�ree as follows:
<br /> l7. Acceleration; Remedies. Except as provided in paragraph l6 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 cured; 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 fi�rther inform
<br /> Borrower of the right to reinstate after acceleration ancl the right to bring a coart 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 /> specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be
<br /> immediately dtte and payable without further demand and may invoke the power of sale and any other remedies
<br /> permitted by applicable law. Lender shali be entitled to collect all �•easonable costs and expenses incurred in
<br /> pi�rsuing 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 defauit in each county in which the Property or
<br /> some part thereof is located and shall mail 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, Trustee shall give public notice of sale to the persons and in the manner prescribecl 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 annoimcement at the time
<br /> and 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 bicl, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br /> Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br /> therein. Trustee shall appl�� the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of
<br /> the sale, inclnding, 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 Tri�st; and (c) the
<br /> excess, if any, to the person or persons legally entitled thereto.
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