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:DOMINGO L LUCAS ELVA M GONZALEZ 9 9 1�i8 9 5 0 102731 09/04/1999
<br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection witl� any
<br /> - concCeuuiation or other takinb of the Property, ar part thereof, or for coirveyance in lieu of condenmation, are l�ereby
<br /> assi�ned and shall be paid to Lender, subject to the ter�ns of any mortgage, deed of trust or other security agreement with a
<br /> lieu which has priority over this Deed of Trust.
<br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Exteusion of the time for payment or :
<br /> modification of amortizatiou of the 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 mamier, the liability of the original Barrower and Borrower's successors in
<br /> iuterest. Lender sl�all not be required to conunence proceedings against such successor or refuse to exteud time for payment
<br /> ar otherwise modify ainortization of tlie sums secured by this Deed of Trust by reason of any demand made by the origival
<br /> Borrower and Borrower's successors in interest. 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 right or remedy.
<br /> 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreemeuts lierein
<br /> contained shall bind, and the ri�hts hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br /> subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower sliall be joint and several.
<br /> Airy Borrower who co-signs this Deed of Trust, but does uot execute the Note, (a) is co-signing this Deed of Trust o��ly to
<br /> grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not
<br /> persot�ally liable ou the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder
<br /> may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or
<br /> the Note, witliout that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that
<br /> Borrower's interest in the Properry.
<br /> 12. Notice. Except for any notice reyuired under applicable law to be given in another marmer, (a) any notice to
<br /> Borrower provided for iu this Deed of Trust shall be given by deliveruig it or by mailing such notice by certified mail
<br /> addressed to Borrower at the Property Address or at such otlier address as Borrower may designate by notice to Lender as
<br /> provided herein, and (b) any notice to Lender shall be �iven by certified mail to Lender's address stated herein or to such
<br /> otl�er address as Lender may desiguate by notice to Borrower as provided herein. Any notice provided for in this Deed of
<br /> Trust sl�all be deetned to have been given to Barrower or Lender when given in the maimer 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 which the Property is located. The foregoing sentence shall not liinit the applicability 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 /> such contlict sliall not affect other provisions of tl�is Deed of Trust or the Note which can be given effect without the
<br /> coutlicting provision, aud to this eud the provisions of this Deed of Trust and the Note are declared to be severable. As
<br /> used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by ap�licable law or
<br /> limited herein.
<br /> 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the
<br /> time of execution or after recordation hereof.
<br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all af Borrower's obligations uuder any home
<br /> rehabilitatioi�, improveuient, repair or other loan agreement which Borrower enters iuto with Lender. Leuder, at Lender's
<br /> option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assigmnent of any
<br /> rights, daims or defenses which Borrower may have against parties wlio supply labor, materials or services in comiection
<br /> with improvemeuts 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 iuterest
<br /> in it is sold or transferred (or if a beneticial interest in Borrower is sold or transferred and Borrower is not a natural
<br /> person) without Leuder's priar 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 tl�e date of this Deed of Trust.
<br /> If Leuder exercises this optiou, Leuder shall give Borrower notice of acceleration. The notice shall provide a period
<br /> of not less than 30 days from the 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 tl�is period, Lender may iuvoke auy
<br /> remedies permitted by this Deed of Trust without further notice or demand on Borrower.
<br /> NON-UNIFORM COVENANTS. Borrower and Leuder 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 providecl 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 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 /> specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deecl of Trust to be
<br /> immediately due and payable without further 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 providecl in this paragraph 17, inclucling, but not limited to, reasonable attorneys' fees.
<br /> If the power of sale is invoked, Trustee shall record a notice of default 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 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 clesignated in the notice of sale in one or more parcels and in such order as Trustee
<br /> may cletermine. Trustee may postpone sale of all or any parcel of the Property by public announcement 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 deecl shall be prima facie evidence 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 ancl 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 securecl by this Deect of Trust; and (c) the
<br /> excess, if any, to the person or persons legally entitled thereto.
<br /> L._
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