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<br />101953
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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or con~eq~enllal. .n connection wilh any
<br />condemnation or other taking of the Property, or parllhereof. or for conveyance In lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of 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 of a partial taking of the Property. unless Borrower and lender otherwise
<br />agree in writing, there shall be applied to the sums secured by this Deed of 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 bears to the
<br />fair market value of the property immediately prior to the date 01 taking, with the balance 01 the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if. after notice by lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collecl 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 of Trust
<br />Unless Lender and Borrower otherwise agree in Writing, any such apphcation of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount 01 such
<br />installments.
<br />10. Borrower Not Released. ExtenSion of the time for payment or modificalion of amortization of the sums secured by this
<br />Deed of Trust granted by lender to any successor in IfI((>rest 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 for payment or otherwise modify amortizalion 01 the sums secured by this
<br />Deed of Trust by reason 01 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 of any such right or remedy. The
<br />procurement of insurance of the payment of 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 IhlS 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 respecllve successors and assigns of lender and Borrower,
<br />subject to the proviSIons of paragraph 17 hereof All covenants and agreements of Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed 01 Trust are for cor'venlence only and are not to be used to interpretor
<br />deline the provisions hereof.
<br />14. Notice. Exceptfor any notice required under appllcBDie law to he given in another manner. (a) any notice to Borrower
<br />provided lor in this Deed 01 TrusI shall be given by mailing such notice by cer~llied mail Addressed to Borrower atthe Property
<br />Address or at such other address as Borrower may designate by notice 10 Lender as prOVided herein. and (bl any notice to
<br />lender shall be given by certilied mail, return receipt requested. to Lender's address stated herein or to such olher 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 10 Borrower or Lender when given m the manner designated herein
<br />15. Uniform Deed 01 Trust; Governing Law; Severability. The fOl'" 01 deed of trust combines unilorm co....enants for
<br />national use and non-uniform covenants with limited variations by JUriSdiction to constl!ute a uniform security instrument
<br />covering real property. This Deed 01 Trust shall be governed by "-,e law 01 the JUrlSdlctior ,n which the Property is located. In
<br />the event that any provision or clause 01 this Deed of Trust or the Note conflicts With apphcable law, such conflict shall not
<br />affect other provisions of this Deed of Trust or the Note which can be given effect Without the conflicting provisions, and to this
<br />end the provisions 01 the Deed of Trust and the Note are declared to be severable.
<br />16, Borrower's Copy, Borrower shall be lurnished a conformed copy 01 the NOle and of thiS Deed of Trust at the time of
<br />execution or after recordation heraol
<br />17. Transfer of the Property; Asaumption. If all 01 any pan of Ihe property or an mterest therein IS sold or transferred by
<br />Borrower without Lender's prior written consent, excludmg (a) the creatIOn of a hen or encumbrance subordmate to this Deed
<br />of Trust. (b) the creation 01 a purchase money security interest lor household appliances, (c) a transfer by ;.<evise descent or by
<br />operation of law upon the death of a jOint tenant or (d) Ihe grant of any leasehold mterestof three years or less nol containing an
<br />option to pUH..hase, 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 ii, prior to the sale or transfer, lender and the person to
<br />whom the Property is to be sold or translerred reach agreement in wrltmg Ihat the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trusl shall be at such rate as Lender shall request. II
<br />Lender has waived the oplton to accelerate provided in this paragraph 17, and If Borrower's successor in interest has
<br />executed a written assumpbon agreement accepted in Wilting by lender. lender shall 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 hereof. Such nOllce shall prOVIde a peflod 01 not less than 30 days from the date the nolice is mailed within which
<br />Borrower may pay the sums declared due II Borrower falls to pay such sums prior to the expiration of such period, Lender
<br />may, without lurther notice or demand on Borrower, Invoke any remedies permitted by paragraph 18 hereol.
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<br />NON-UNIFORM COVENANTS, Borrower and lender further covenant and agree 8S 'ollows:
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<br />18. Acceleration; Remedle.. Except as proVided in paragraph 17 hereol, upon Borrower's breach 01 any covenant or
<br />'agreement 01 Borrower in Ihis Deed of Trust. including the covenants to pay when due any sums secured by this Deed Of Trus!,
<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 nOllce is mailed to Borrower, by which
<br />such breach must be cured; and (4) that failure 10 cure such breach on or belore the date specified in the notice may resull in
<br />acceleration of the sums secured by this Deed 01 Trusl 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 aCllon to assert the non-existence of a default or any other
<br />defense of Borrower to acceleration and sale, 11 the breach IS nol 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 01 Trust to be immedialely due and payable without further
<br />demand and may invoke the power 01 sale and any other remedies permil1ed 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 />If the power of sale is invoked, Trustee shall record a notice of defaull in each county In which the Property or some part
<br />thereof is located and shall mail caples of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />pers~:ms p~escribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall give
<br />public nollce of sale to t~e persons and in the manner prescribed by applicable law. Truslee, without demand on Borrower,
<br />shall sell the Property at public auctlon to the highest bidder at Ihe 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 01 any previously scheduled sale, lender or lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt 01 payment of the price bId, Trustee shall deliver to Ihe purchaser Trustee's deed conveying the Property sold,
<br />The recitals in the Trustee's deed shall be prima facie 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, incl uding, but not limited to.
<br />Trustee's fees of not more than % of the gross sale price, reasonable attorney's fees and costs of title evidence:
<br />(b) to all sums secured by this Deed 01 Trust; and (c) the excess, il any, to the person or persons legally entitled thereto.
<br />11, Borrow.... RIQht 10 Rl'in.tate. Notwithstanding lender's acceleration 01 the sums secured by this Deed 01 Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enlorce the Deed 01 Trust discontinued at any time
<br />p,ior to the earlier to occur of (i) Ihe fifth day belore the sale of Ihe Property pursuanlto the power of sale contained in the Deed
<br />of Trust (ii) entry 01 a judgment enlorcing this Deed of Trust if: (alBorrowel pays lender all sums which would be then due
<br />under this Deed of Trust Ule Note and notes securing Future Advances. If any. had no acceleration occured:(b) Borrower
<br />cures all breaches of any other covenants or agreements 01 Barrower contained In this Deed 01 Trust: Ic) Borrower pays all
<br />reasonable expenses incurred by lender and Trustee enforCing the covenanls and agreements of Borrower contained in thiS
<br />Ueed of Trust and in enforcing lender's Bnd Trustee's remedies as prOVided 10 paragraph' 8 hereol, Including, but not hmlted
<br />to. reasonable attorney's lees; and (d) Borrower takes such achon as Lendel may reasonably r&QUlrC to Bssure Ihatthe hen 01
<br />this Deed 01 Trust. Lender's Interest in tho Prop8lty and Borrower's obligatIOn to pay the sums secured by IIllS Dead on/uSt
<br />~hall conllnue ulllmpaired Upon such paymenl and (.ure by Borrowe' 1I11s Deed of Trust and lh{' ohll'J.1IIL'W, ~ec\Jred !leroby
<br />shall mmalr\ 10 lull force and effocl as II no acceleration had O(.(.urr cd
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