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<br />88-- 100570
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<br />9. Condemnation, The proceeds of any award or claim for damages, direct or consequenllal. III connection with any
<br />condemnation or other taking 01 the Property, or part thereol, or for conveyance 10 lieu 01 condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event 01 a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the excess, if any, paid to Borrower. In the event 01 a partial taking 01 the Property, unless Borrower and Lender otherwise
<br />agree in writing, there shall be applied to the sums secured by this Deed 01 Trust such proportion of the proceeds as is equal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bearf. to the
<br />lair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower,
<br />If the Property is abandoned by Borrower, or iI, FIlter notice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages, Borrower lails to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collect and apply the proceeds, at Lender's option. either to restoration or repair of the Property or to
<br />the sums secured by this Deed 01 Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments relerred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Released. Extension of the time lor payment or modification 01 amortization 01 the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors interest. Lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time lor payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise 01 any such right or remedy. The
<br />procurement of insurance 01 the payment 01 taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12, Remedies Cumulative All remedies provided In this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed 01 Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively,
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions, The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof, Ail covenants and agreements 01 Borrower shall be joint and several. The
<br />captions and headings of the paragraphs 01 this Deed 01 Trust are for convenience only and are not to be used to interpret or
<br />define the provisions hereof,
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />lender shall be given by certified mail. return receipt requested, to Lender's address stated herein or to such other address as
<br />Lender may designate by notice to Borrower as provided herein, Any notice provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein,
<br />15. Uniform Deed of Trust; Governing Law; Severability. The form 01 deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property, This Deed of Trt,<;t shall be governed by the law of the jurisdiction in which the Property is located. In
<br />the event that any provision or clause 01 this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />aMect other provisions of this 1Jl!" . . -- n"e given effect without the conflicting provisions, and to this
<br />end the provisions of the Deep"8f' rid to be severable,
<br />16. Borrower's Copy, Bartow Ifled copy 01 the Note and 01 this Deed of Trust at the time of
<br />execution or after recordatiof\}1er, ~<' . .._ _~-,,,,...i
<br />17. Transfer 01 the Propert~8tum'Pi'i'Or:lI all or any part of the property or an Interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, eXCluding (a) the creation 01 a lien or encumbrance subordinate to this Deed
<br />01 Trust, (b) the creation of a purchase money security interest lor household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant or (d) the grant 01 any leasehold interest 01 three years or less not containing an
<br />option to purchase, Lender may, at Lender's option, declare all 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 transfer, Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall request. If
<br />Lender has waived the option to accelerate provided in thiS paragraph 17, and if Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender, Lender shaH release Borrower from all obligations
<br />under this Deed of Trust and the Note,
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice 01 acceleration in accordance with
<br />paragraph 14 hereol, Such notice shall provide a penod 01 not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due, If Borrower lails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
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<br />t~ON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
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<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereol. upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed ofTrust.
<br />Lender prior to acceleration shall mail notice to Borrower as provided 10 paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach; (3) a date, not less than 30 days Irom the date the notice is mailed to Borrower, by which
<br />such breach must be cured; and (4) that failure to cure such breach on or belore the date specilied in the notice may result in
<br />acceleration 01 the sums secured by this Deed of Trust and sale of the Property, The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a delault or any other
<br />defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at
<br />Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and oayable without Il!rther
<br />demand and may invoke the power 01 sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all 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 />II the power 01 sale is invoked, Trustee shall record a notice 01 delault in each county in which the Property or some part
<br />thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall give
<br />public notice 01 sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />the Property by public announcement 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 of payment oflhe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Properly sold.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth 01 the statements made therein, Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />Trustee's fees of not more than % of the gross sale price, reasonable attorney's fees and costs 01 title evidence;
<br />(b) to all sums secured by this Deed 01 Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration 01 the sums secured by this Deed of Trust,
<br />Borrower shall have the rightto have any proceedings begun by Lender to enforce the Deed of Trust discontinued at any time
<br />prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in the Deed
<br />01 Trust (ii) entry 01 a judgment enforcing this Deed of Trust il: (a) Borrower pays Lender all sums which would be then due
<br />under this Deed 01 Trust, the Note and notes securing Future Advances, il any, had no acceleration occured:(b) Borrower
<br />cures all breaches of Rny othor covenants or agreements 01 Borrower contained in this Deed 01 Trust: (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enlorclng Ihe covenants and agreements Of Borrower contained in this
<br />Deed of Trust and 10 enlorClng Lender's and Trustee's remodies as provided 10 paragraph 18 hereol, InciudlOg but not limited
<br />to, reasonable attorney's foes, and (d) Borrower lakos such action os Lender may roasonably reqUire to assure thAt the hen of
<br />thIS Deed 01 Trust. Lendor's interest in the Proporty and Borroworg obhgotlon 10 pay the sums secured by thiS Oeed of Trust
<br />shall conhnue unrmpalred Upon such paymont and curo by BorrowlH, tillS Dnod of T rusl and the obllontlOT'S "8cured hereby
<br />shall remHln In lull torce And eNect as If no Accolernhon had ("CUffed
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