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<br />88- 100572
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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential In cor,nec\lon with any
<br />condemnation or other taking of the Property, or part thereol, or for conveyance In lieu of condemnation. lire 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 tile sums secured by tillS Deed of Trust. with
<br />the excess. il 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 olthe proceeds as is equal to
<br />that proportion which the amount 01 the sums secured by this Deed 01 Trust immediately prior to the date of taking bears to the
<br />lair market value 01 the property immediately prior to the date 01 taking, with the balance 01 the proceeds paid to Borrower.
<br />II the Property is abandoned by Borrower, or ii, alter notice by lender to Borrower that the condemnor offers to make an
<br />award or settle a claim lor damages, Borrower lails to respond to lender within 30 days alter 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 ilgree In writing, any such application 01 proceeds to principal shall not extend or
<br />postpone the due date 01 the monthly installments referred to in paragraphs 1 and 2 hereol or change the amount of such
<br />installments.
<br />10, Borrower Not Released. ExtenSion 01 the time lor payment or modilrcation 01 amortization olthe 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 01 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 01 Trust by reAson of any demand made by the original Bcmower and Borrower's successors in interest.
<br />11, Forbearance by Lender Not II Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver 01 or preclude the exercise 01 any such right or remedy. The
<br />procurement 01 insurance olthe payment of taxes or other liens or charges by Lender shall not be a waiver 01 Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed 01 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 01 Lender and Borrower,
<br />subject to the proviSions 01 paragraph 17 hereof All covenants and agreements 01 Borrower shall be Joint and several. The
<br />captions and headings 01 the paragraphs 01 this Deed of Trust are lor convenience only and are notto be used to interpret or
<br />deline the provisions hereof.
<br />14. Nollee, 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 01 Trust shall be given by mailing such notice by certified mail addressed to Borrower atthe 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 lor in this Deed 01 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 lorm 01 deed 01 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 pI Trust ~tJall Re governed by the law 01 the juriSdiction in which the Property is 10cated,In
<br />the event that any provision or clause 0' tt;jsD!ie.d 01 T:rust or theJ>lote conflicts with applicable law, such conflict shall not
<br />affect other provisions of this Deed. of TtY,'st or th~ ()IklW, ~I}.i iJ::nPlin b..' e given effect without the conflicting provisions, and to this
<br />end the prOVisions 01 the Deed ollrust)md.~!w ,l\JaUMiff[p~tlared to be severable.
<br />16. Borrower's Copy, Borrower.ahall b~1Uri\IShaCfa:~forinekcopy of the Note and 01 this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfllr of the Property; Assumption, If all or any part of the property or an Interest therein is sold or transferred by
<br />Borrower without Lender's prior wntte;l consent, excluding (a) the creation 01 a lien or encumbrance subordinate to this Deed
<br />01 Trust, (b) the creation 01 a purchase money security interest lor household appliances, (c) a transfer by devise descent or by
<br />operation oj law upon the death 01 a joint tenant or (d) the grant 01 any leasehold interest of 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 01 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 translerred 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 01 Trust shall be at such rate as Lender shall request. II
<br />Lender has waived the option to accelerate provided in this paragraph 17, and il Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lende., I.ender shall rolease Borrower from all obligations
<br />under this Deed 01 Trust and the Note,
<br />II Lender exercises such option to accelerate, lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due, " Borrower lails to pay such sums prior to the expiration 01 such period, lender
<br />may, without further notice or demand on Borrower. invokp. any re..."edies permitted by paragraph 18 hereof.
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<br />NON-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 01 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 of Trust,
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach; (3) a date, not less than 30 days from 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 specified in the notice may result in
<br />acceleration 01 the sums secured by this Deed of Trustand sale 01 the Property. The notice shall further inform Borrower ofthe
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence 01 a default or any other
<br />delense of Borrower to acceleration and sale, lithe breach is not cured on or belore the date specilied 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 payable without furttier
<br />demand and may invoke the power of 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 of 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 sate 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 01 any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale,
<br />Upon receipt of payment 01 the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold,
<br />The recitals in the Trustee's deed shall be prima lacie evidence 01 the truth of 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 lees of not more than % of the gross sale price, reasonabl'3 attorney's lees and costs of title evidence:
<br />(b) to all sums secured by this Deed of Trust; and (c) the excess, il any, to the person or persons legally entitled thereto.
<br />19. Borrower's RighI to Relnlltate. Notwithstanding lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce the Deed 01 Trust discontinued at any time
<br />prior to the earlier to occur 01 (i) the lilth day belore the sale 01 the Property pursuant to the power 01 sale contained in the Deed
<br />of Trust (ii) entry 01 a judgment enforcing this Deed 01 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, if any, had no acceleration occured:(b) Borrower
<br />cures all breaches 01 any other covenants or agroements 01 Borrower contained in thiS Deed 01 Trust: (c) Borrower pays all
<br />reasonable expenses Incurrod by Lender and Trustee enforCing the covenants and agreements 01 Borrower contained in thiS
<br />Doed ofl rustllnd 1/1 enlarclng Lender's and Trustee's remedies as provided in paragraph 18 hereof, Including, but not limited
<br />10, reasonabl<.' attorney's leos; and (d) Borrower takes such aellon as Lender mllY reasonably require to fissure that t/:lq lien,of ,
<br />tIllS Deed of Trust. Lender's Interest in tho Property and Borrower's obhgatlon to nay the sums secured by thiS Deed of ItU$l' ,
<br />5hl111 continUO un,rnpalt('cj Upon such paymont and curo by Borrower, ths Deed of Trust and It".. obligations ~.ecured hereby
<br />shall rorna,n .n full lorco nnd elleet as " no accoleratlon hud occurrHd
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