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�TQ.AN T7AN NGUYEN LAI B THI
<br /> 9 9 1� J� a1� 102756 09/21/1999
<br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br /> coudemnatiou or other takiu� of the Prorerty, or part Chereof, or for coirveyance in lieu of condenmation, are hereby
<br /> assigned and shall be paid to Lender, subject to die terms of avy mortgage, deed of trust or other securiry agreement with a
<br /> lien which l�as priority over this Deed of Trust.
<br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensiou of the time for payment or
<br /> moditicatiou of aitiortization of die smtis secured by this Deed of Trust granted by Lender to any successor in interest of
<br /> Borrower shall not operate to release, in any matmer, tl�e liability of the original Borrower and Borrower's successors in
<br /> interest. Leuder shall uot be required to commeuce proceedings against sucl� successor or refuse to extend time for payment
<br /> or otherwise modify amortizatioo of the sums secured by this Deed of Trust by reason of any deinaud made by the original
<br /> Borrower and Borrower's successors i�i interest. Any forbearance by Lender in exercising any right or remedy l�ereunder,
<br /> or otherwise afforded by applicable law, shall not he a waiver of or preclude t11e exercise of any such right or remedy.
<br /> 11. Successors ancl Assigns Bound; Joint ancl Several Liability; Co-signers. The covenants and agreements herein
<br /> contained sl�all bind, and the rights 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 agreemeuts of Borrower shall be joint and several.
<br /> Any Bormwer who co-signs this Deed of Trust, but does not execute tl�e Note, (a) is co-signing this Deed of Trust only to
<br /> araut aud convey that Borrower's interest in tl�e Property tc� Trustee under the ter���s of this Deed of Trust, (b) is not
<br /> persoually liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder
<br /> may agree to exteud, modify, forbear, or make any other acco�nmodations with regard to the terms of this Deed of Trust or
<br /> the Note, without that Borrower's conseut and without releasing that Borrower or modifying this Deed of Trust as to that
<br /> Bormwer's iuterest in tlie Property.
<br /> 12. Notice. Except for auy notice reyuired under applicable law to be given in anotl�er manner, (a) any notice to
<br /> Borrower provided for in this Deed of Trust shall be given by deliverin� it or by mailing such notice by certified mail
<br /> addressed to Borrower at tl�e Property Address or at such other address as Borrower may desiguate by notice to Leuder as
<br /> provided herein, and (b) any notice tc� Lender shall be given by certified mail to Lender's address stated hereiu or to such
<br /> other address as Lender may designate by notice to Borrower as prc�vided herein. A�ry notice provided for in this Deed of
<br /> Trust shall be deemed to have been given to Borrower ar Lender when given in the maimer designated l�erein.
<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 wl�ich the Property is located. The foregoing sentence shall not limit the applicabiliry of Federal law to this
<br /> Deed of Trust. In the eveiit that any provisioii or clause of tl�is Deed of Trust or the Note conflicts with applicable law,
<br /> sucl� couflict shall uot affect other provisions of this Deed of Trust or the Note which can be given effect without the
<br /> conflictiu� provision, and to this end the provisions of this Deed of Trust and tl�e Note are declared to be severable. As
<br /> used hereiu, "costs", "expenses" aud "attorueys' fees" iuclude all sums to the extent uot pmhibited by applicable law or
<br /> limited lierein.
<br /> 14. Borrower's Copy. Borrower shall be furnished a couformed 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 fultill all of Borrower's ohligations uvder any home
<br /> rehabilitation, improvement, repair or other loa�i agreement which Borrower enters into with Lender. Lender, at Lender's
<br /> option, may require Bormwer to execute and deliver to Leuder, iu a form acceptable to Lender, an assignment of atry
<br /> ri�hts, claims or defenses whicl� Borrower may have against parties who supply labor, materials or services in connection
<br /> with improvements made to the Property.
<br /> 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part af the Property or any interest
<br /> in it is sold or trai�sferred (or if a beneticial interest in Borrower is sold or transferred and Borrower is not a natural
<br /> person) wiChout Lender's prior writteu consent, Lender may, at its option, require iminediate payme�rt iti full of all sums
<br /> secured by this Deed of Trust. However, tllis option sliall not be exercised by Lender if exercise is prohibited by federal
<br /> law as uf the date of tliis Deed of Trust.
<br /> If Lender exercises tl�is option, Lender shall give Borrower uotice of acceleration. The uotice sl�all provide a period
<br /> of not less tlian 30 days from the date the notice is delivered or uiailed within which Borrower must pay all sums secured
<br /> by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may itrvoke a�ry
<br /> remedies permitted by this Deed of Trust without further notice or demand on Barrower.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br /> 17. Acceleration; Remeclies. 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: (i) 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 clate specified in the notice may result in
<br /> acceleration of the sums secured by this Deecl 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 Deed of Trust to be
<br /> immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br /> �ermittecl 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 invokecl, 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 designated in the notice of sale in one or more parcels ancl 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 /> 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 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 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 Trust; and (c) the
<br /> excess, if any, to the person or persons legally entitlecl thereto.
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