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<br />88- 102092
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<br />9. Condemnation, The proceeds 01 any award or drum lor damages. direct or consequential. in connection with any
<br />condemnation or other taking of the Property. or part thereof. or lor 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 wriling, 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 ofTrust immediately prior to the date of laking bears to the
<br />lair market value ollhe 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, aNer notice by lender to Borrower ihat 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 10 collecl and apply the proceeds, allender's option, either to restoration or repair of the Property or to
<br />the sums secured by this Deec;l 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 referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments,
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of 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 for payment or ot,lerwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by Ihe 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 01 or preclude the exercise of any such right or remedy. The
<br />procurement 01 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 01 Trust
<br />12, Remedies Cumulative All remedies provided in this Deed of Trust are distinct and cumulalive 10 any other right or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Succelsors and ASllgns Bound; Joint and Several liability; Caplions, 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 01 paragraph 17 hereof. 1\11 covenants and agr ,"oments of Borrower shall be joint and several. The
<br />captions and headings 01 the paragraphs 01 this Deed of Trust are tor convenience only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. ElCcept lor any notice required undor 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 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 orto such other address as
<br />lender ma)' 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 Trult: Governing law; Severability, The form of 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 Trust shall be governed by the law 01 the jurisdiction in which the Property is located. In
<br />the event that any provision or clause of this Deed 01 Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other provisions of this Deed of Trust or the Note wtlich can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16, Borrower'l Copy. Borrower shall be furnished a conformed copy 01 the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. It 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) tile creation of a lien or encumbrance subordmate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transler by devise descent or by
<br />operation of law upon the death of a joint tenant or (d) the grant of 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 of Trust to be imm~iately 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 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 Lender lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If lender elCercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notica shall provide a period of not less than 30days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, lender
<br />may, without further notice or demand on Borrower. invoke any rernedies permitted by paragraph 18 hereof.
<br />NON.UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
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<br />18. Acceleration; Remedlel. 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 ofTrust,
<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 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 Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default 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 payable without further
<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 />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 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 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 ofthe 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 faeieevldence of 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 tees of not more than % of the gross sale price, reasonable attorney's fees and costs of title evidence:
<br />(b) to aU sums secured by this Deed of Trust; and (c) the elCcess, if any, to the person or persons legally entitled thereto.
<br />11. BonD...... Right to ReIn.tat.. 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 enlorce 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 Properly pursuant to the power of sale contained In the Deed
<br />of Trust (II) entry of a Judgment enlorcing this Deed of Trust if: (a) Borrower pays lender all sums which would be then due
<br />under thisOeed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occured:(b) Borrower
<br />cures all broaches of any other covenants or agreements of Borrower contained in thiS Deed of Trust: (e) Borrower pays nil
<br />reasonable expenses incurred by lender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed of Truat and in enforcing Lender's and Trustee's remedies 8S provided in paragraph 18 hereol,lncluding, but lI"t limited
<br />to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may rOllsonably require to assure lhat tho lIen 01
<br />this Deed of Trust. lender's interest In the Proporty and Borrower's obligation to pay the slims secured by this Deed 011 rust
<br />shall continue unimpaired. Upon SUCh pAymont find cure by Borrower, this Deed 01 Trust I1l1d tht1 oblIgations socured hereby
<br />sha:! remain in lull lorco and alleetos if no nccolorotion had occurrod
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