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<br />88- iO~S\J2
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<br />!.I. Condemnalloo, The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnatlon or otber taking of tbe Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender,
<br />In the event of a tolal taking of the Property, Ihe pro~eeds shall be applied to the sums secured by this Deed of Trust.
<br />with the exccss, if anYI paid to Borrower. In the eVent of a parlial taking of the Property, unlcss Borrower and Lender
<br />otherwise agree In wrihngl there shall be applied' to lhe sums secured by this Deed of Trust such \,Iroportion of the proceeds
<br />as is equal \0 that proport on which the amount lIf lhe sums secured by this Deed of Trust immeQiBl~:-- ,rior to the date of
<br />taking bean to the fair market value of the PrDpCrty immediately prior to the date of laking, with the b8lance of the proceeds
<br />paid to Borrower. .
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offen to make
<br />a:1 award or seule a claim for damages, BDrrower fails to respond to Lender wilhin 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's oplion, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and BDrrower otherwise agree in wriling, any such applicatiDn of proceeds to principal shall nDt extend
<br />or postpone the due dale of the mDnthly installments referred to in paragraphs ] and 2 hereDf or change the amDunt of
<br />such installmenlS,
<br />10. Borrower NDt Released. Extension of the time fDr payment Dr modiflcalion of amortiZlltion of the sums secured
<br />by this Deed of Trust granted by Lender to any succeSSDr in interest of BDrrower shall nDt Dperate tD release, in any manner,
<br />the liabilily of the original BDrrower and BorrDwer's succeSSDn in interest, Lender shall nDt be required tD commence
<br />proceedinp against such succcssor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed Df Trust by reaso!! Df any demand made by Ihe Driginal BorrDwer and BDrrDwer~ssucccsson in inlerest.
<br />n. Forbearance by Lend..r Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder. Dr
<br />Dtherwise afforded by applicable law, shall nDt be a waiver Df or preclude the exercise of any such ri~t or remedy.
<br />The procurement of insurance or the payment of laxes Dr other liens Dr charges by Lender shall nDt be a waiver of Lender's
<br />right to accelerate the m:lturity Df the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in thiS Deed of Trust are distinct and cumulative tD any other right
<br />Dr remedy under this Deed Df Trust Dr affDrded by law Dr equity, and may be exercised concurrently, independently or
<br />successively. -
<br />13. Succcsson and AalllDS Bound; Jolnl and Several Llablllly; CaptlDns. The CDvenants and agreements herein
<br />cDntained shall bind, and the rights hereunder shall inure to, the respective successDrs and assigns Df Lender and Borrower,
<br />subject tD the prDvisiDns of paragraph 17 hereDf. All covenants and agreements of BDrrDwer shall be joinl and several.
<br />The captions and headings Df the paragraph., Df thi! Deed Df Trust are for cDnveniem:e Dnly and are not to be used to
<br />interpret or define the provisions hereDf.
<br />14. Nollce. Except for any nDtice required under applicable law to be given in another manner, (a) any nDtice tD
<br />Borrower provided fDr ID this Deed Df Trust shall be given by mailing such nDlice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as BDrrower may designate by notice ID Lender a provided herein, and
<br />(b) any nDtice 10 Lender shall be given by certified mail, return receipt requested, to Lendcr's address stated herein or to
<br />such !llher address as Lender may designate by nDlice tD BorrDwer as provided herein, Any nDtice provided for in this
<br />Deed of Trust shall be deemed 10 have been !liven ID BDrrower or Lender when given in the manner designated herein,
<br />15. Uniform Deed of Trusl; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />natiDnal use and non-uniform covcoaDts with limited varialiDns by jurisdiction tD cDnstitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be gDverned by the law of the jurisdictiDn in which the propeny is located.
<br />In the event that any provision Dr clause of this Decd of Trust or the NDte cDnnicls with applicable law. sudt conflict shall
<br />not affect other provisions of this Deed Df Trust or the NDte which can be given effecl without the confliclin. provisiDn.
<br />and \0 this end the proviliDns of the Deed of Trust and the NDtc arc declared tD be severable.
<br />16. Bonower'. Copy. BDrrower shall be furnished a cDnformed copy Df the Note and of this Deed of Trust at the time
<br />Df execution or after recordatiDn bc:reof.
<br />17. Traaft5' of the Pro~rty; Al51Imptlon. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lenders prior wrillen consent, excludin, (a) the creatiDn Df a lien or encumbrance subordinate to
<br />this Deed of Trust. (b) the creation of a purchase mDney secunly inlerest fDr hDusehDld appliances, (c:) a transfer by devise.
<br />desccot or by operatiDn Df law upon tbe death of a joinltenant or (d) the grant of any leaschDld inlerest of three years or less
<br />not conlainin. an optiDn \0 purchase, Lender may, at Lender's oplion, declare all the sums secured by this Deed of Trust 10 be
<br />immediately due and payable. Lender shall have waived luch optll)n"tojaccelera1t:if, prior to the sale or trallSfer. Lender
<br />and the perlOn tD whomJhe: Property istD be sold or transferrc4' .~itlnWrltlnJjlhat the credit of such person
<br />is lalidaclory tD Lender and that Ihe: interest payable on the lul-q ,bt: Iff J, "pt.T~, t shall be at SUl:b rate as
<br />Lender shall requesl. If Len~e:r ha waive~ the optiDn ID accelerat _ _ _ 'it1hTf'~ -ph ~ 7, '00 if BDrrower's successor
<br />in Inleral has executed a wnllen lISSumpuDn agreemenl accepled ID wn IDg \ij un5nder shall releue Borrower from
<br />all obligations under this Deed of Trust and the Notc,
<br />If Lender exercises such DptiDn ID accelerate, Lender shall mail Borrower nDtice of acceleratiDn in aCXDrdanc:c with
<br />paragraph 14 hereof. Such notice shall provide a period of nDt less than 30 days from the date the nDtice is mailed within
<br />which Borrower may pay the sums declared due, If Borrower fails to pay such Slims prior 10 the expiration of Alch period.
<br />Lendc:r may. withDul fuither notice or demand on Borrower, invDke any remedies permilled by paraanph 18 bcrcof,
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<br />NOH.UloIt'OI.M COV2Io1ANTI. Borrower and Lender further covenant and alfCe as follows:
<br />II. Acceleration; Remedla. Ellcepl as provided In parqnph 17 benof, upon Borrower'a llrucll of ..,. cove...t or
<br />alrHlllft5t of Borrower la Ihls Deed of Trust, IncludlllJ the connanb to pay when doe any - RCIIftCI 111 Ihls Deed
<br />of Trust, Lender prior to accelerallon shall mall nDtlce 10 Borrower as proYlded In paragraph 14 hereof spedf1illJ: (1) the
<br />breach; 12) lbe action lequlrrd 10 CUR such bruch; (3) a dale, uat Ic5!I than 30 days from the dale the aotke Is mailed to
<br />Borrower, by which sach breach mosl be cured; and (4) Iha. failure tD cure such breach on or before the date 5pCCified
<br />In the .otk:e ....y res..t In acceleration of the 5ums secured by Ihls Deed of Trust and sale of the Property. The notice
<br />shall further Inform Borrower of Ihe right 10 relnslate afler accelerallon and the rJahl to brlll& a court 8ctIoa to assert
<br />the noa-ulstence of a default or any o"ltr defense of Borrower to acceleration and sale. If the bralcil Is not cured
<br />Dn or before the dale lpeclfied In the nDtke, Lender al Lender's opllon may declare all of the sums secured IIy this Deed
<br />of TlUllto be Immediately due and payable wllhoul fun her demand and mllY Invoke the power of sale and 8111 ather nmedics
<br />permitted by applicable law. Lender shall be enlltled to co\1ecl all reMonable CDSts and ellpell5ell Incurred In punulllJ the
<br />remctllea provided In this pal1l&raph 18, Including, bul not IImlled 10, rellSoDllble attorney's fees.
<br />If the power of sale Is Invoked, Trustee 5hllll record a nDtlce of default In each county In which the Property or some
<br />put tbereof Ia IDuled and shall man copies of such notice In the manner prescribed by applicable law 10 Borrower and to the
<br />otber peno.. prescribed by applloble law. After Ihe lapse of luch lime as may be required by applicable law, Trullcc shall
<br />Rive paMIc IIOllce of sale 10 Ihe penons and In the manner pnsc:rlbcd by applicable law. Trustee, without demand on
<br />Bonower, .....1 Rlllhe Property at public auction to the highest bidder al the time and place and under the tel1M dalen_ted
<br />In the notice of sale In one or more parcels and In luch order.. Trullee may del ermine. Truslee may poslpone .ale of all
<br />or any plll'CCl of Ihe Property IIy public announcement al Ihe time and place of any prevIously achedoled sale. Lender or
<br />Lender's deslan" may purch_ the Property at any sale.
<br />Upon receipt of pllyment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The ceclla" In the TIV5!H'I deed shllll .... prima facie evidence of the trulh of the stalemenh made therein. Trustee
<br />shall apply Ihe proceeds of the sale In Ihe follo..lnR order: (a) 10 an reasonllble costs IInd expenses of Ihe sale, Ihcludlng. but
<br />nolllmlted 10, Trustee's fea of not more than " % of the gross sale price, rellSomlble attorney's fees IInd costs of
<br />title 8Yldell<<I (1)) to all sums RcUred by Ihls Deed of Trusl; and Ic)the eileen, If any, to the penon or penon! lei ally entllled
<br />themo.
<br />19. Bonower's Rlchl to Reinstate, NOlwilhslanding Lender's acceleration 01 thc sums secured hy Ihis Deed of Trust.
<br />Borrower .hall have the right to hllve any proceedings begun by Lender 10 enforce Ihis Deed of Trusl discontinued at
<br />any time prior to the earlier to occur of (i) the Mlh day before the sale of Ihe Propcr1Y pllnuantto the power of sale contained
<br />in .his Deed Df Trust or (iil enlry Df a judgment enforcing Ihls Oced Df Trust if: (a) Borrower pays lender III sums which would
<br />be lhen due under this Deed of Trust, 'he Note and noles securing Fulure Advances, if nny, had no acceleration occurred:
<br />(bl BDrrDwer curu all breaches 01 Iny olher covenanls or "Ireemen.s of Borrower comained in Ihis Oced of Trusl;
<br />(cl Dorrower pay, all reasonable elpen.e. incurrcd by lender and Trmlee In enforcin~ the covenants and ogreements of
<br />Borrower conlained in Ihis Oced of Tru.t ond in enforcing lender"s ond Trmlee'. remedies a. provideo in parlgraph I H
<br />hereof. 1n<:ludinll. hut nOllimlled to. reasonahle anorney's fce.; and (d) Borrower lakes ,uch nction as Lender may re."'nabl~
<br />require to I..ure Ihll lhe lien ot this Deed of Tru't, lender's inlere't in the l'roper1y allll lIorrowe,', obligotion to pay
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