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<br />88- 102425
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<br />9, Condemnallon, The proceeds of any award or claim lor damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part Ihereol, or lor conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid 10 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, v.:ith
<br />the excess, II any, paid to Borrower. In the event 01 a partial taking of the Property, unless Borrower and Lender otherwise
<br />agree in writing, there shall be applied 10 the sums secured by this Deed 01 Trust such proportion of the proceeds as is equal to
<br />that proportion which the amount 01 the sums secured by this Deed oITrust immediately prior to the date of taking bears to the
<br />fair market value of the property immediately prior 10 the date of taking, with the balance of the proceeds paid to Borrower.
<br />If 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 for damages, Borrower falls 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, eilher to restoration or repair of the Property or to
<br />Ihe sum3 secured by this Deed of 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 inslallments referred to in paragraphs 1 and 2 hereof or change the amo..-'! 01 such
<br />installments,
<br />10, Borrower Not R.......d. Extension of the time for payment or modification of amortization of the sums sec',' ~ j 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 10 extend time for 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 L.nder Not a Walv.r, Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shall nol be a waiver of or preclude the exercise of any such right or remedyo The
<br />procurement of insurance of the payment ot taxes or other liens or charges by Lender shall not be a waiver of Lender's rightto
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedl.. Cumutatlve All remedies provided on tnis Deed of Trust are distinct and cumulative to 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, Succeuor. and Alllgn. Bound; Joint and S.veral Uablllty; Caption.. 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' 7 hereof All covenants and agreements of Borrower shall be joint and several, The
<br />captions and headings ofthe paragraphs of thiS Deed of Trust are lor convenience only and are notto be used to interpret or
<br />deline the provisions hereof.
<br />14. Notic.. Exceplfor any notice reqUired under applicable :aw to beglven III another manner. (a) any notice to Borrower
<br />prollided for in this Deed of Trust shall be gillen by mailing such notice by certilied mail addressed to Borrowerst the Property
<br />Address or at such other address as Borrower OIay designate by notice to Lender as prollided 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 olheraddressas
<br />Lender may designate by notice to Borro.....er as prOVided herein. Any notice provided for in this Deed of Trust shall bedeemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />lS. UnHonn Deed ol Tru.t; Gov.mlng Law; Severllblllty. 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. ""Is Deed 01 Trust shall be governed by the law of the jurisdiction in which the Property is tocated.ln
<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other provisionsofthls Deed of Trusl or the Note which can be given effect without the conflicting provisions,sndto this
<br />end the provisions of theOeed 01 Trust and the Note are declared to be severable,
<br />16, Borrower'. Copy. Borrower shall be furnished a conlormed copy ofthe Note and of this Deed ot Trust at the lime of
<br />execution or after recordation hereof
<br />17, Tr;nsrer of the Property; Allumpllon, It all or any part of the property or an interest therelD is sold or transferred by
<br />Borrower without Lender's prior wrihe" consent, excluding (a) the creation of a lien or encumbrance Sl.lborl1lnaleto thisOeed
<br />of Trust. (b) the creation of a purchase money security interest for household appliances. (c) a transtsfby cleYise de5c:entor b)r
<br />operation of law upon the death 01 a joint tenant or (dlthegrantof any leasehold interest of three years or less notconlainingan
<br />option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed ofTrusttobe immecliatelydl.le
<br />and payable, Lender shall have waived such option to accelerate if. prior to the sale or transfer. Lender and the per1IOn to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit 01 such person is satiafllc'lory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trust shall beat such rate as Lender shall request II
<br />Lender has wailled the option to accelerale provided in this paragraph 17, and if Borrower's successor in intereSt has
<br />executed a wrinen assumption agreement accepted in writing by Lender, Lender shall release Boncwerfrom an obliQ&1ions
<br />under this Deed of Trust and tne Note.
<br />II Lender exercises such option to accelerale, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall prOVide a period 01 not less than 30 days tram the date the notice is mailedwitl1in which
<br />Borrower may pay the sums declared due. It Borrower lails to pay such sums prior to the eJlpiration of such period, Leneler
<br />may, without further notice or demand on Borrower, invoke any remedies permined by paragraph 18 hereof.
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<br />NON.UNIFORM COVENANTS. Bonow.r and Lender further covenlnt and.... I' kIIowa:
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<br />1.. Acceleration; Remedle., Except as prOVided III paragraph 17 hereof. upon Borrower's breach 01 any covenant or
<br />agreement of Borrower in thiS Deed 01 Trust, IOcluding the covenants to pay when due any sums secured by this Deed of Trust.
<br />Lender prior to acceleration shall mall notice 10 Borrower as provided in paragraph 14 hereof specifying: (1) the breach: (2) t'ne
<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 (41 thaI lailure to cure such breach on or before the date specified in the notice may result in
<br />acceleration 01 the sums secured by thiS Deed of Trust and sale 01 the Property. The notice shall further inlorm Borrower 01 the
<br />right to reinstete alter acceleration and the fight to bring a court action to assert the non-existence 01 a default or any other
<br />defense 01 Borrower to acceleration and sale, II 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 10 be immediately due and payable 'without further
<br />demand and may invoke the power 01 sale and any other remedies permined by applicable law, Lender shall be entilled to
<br />collect all reasonable costs and expenses incurred In pursuing the remedies provided in the paragraph 18. including,bu1 not
<br />limited to, reasonable attorney's fees.
<br />lithe power 01 sale is invoked, TruslM shall record a notice 01 delault in each county in which Ihe Property or some part
<br />thereol is located and shall mall copies 01 such notice in the manner prescribed by applicable law to Borrower and to the other
<br />parsons 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 hlghesl bidder all he time and place and under the terms designaled in the notice
<br />01 sale in one or more parcels and in such order as Truslee may determine, Trustee may postpone sale of all or any parcel 01
<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 lit any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the P,'operty sold
<br />The recitals In the Trustee's dead shall be prima facie evidence of the truth of the statements made therein, Trustee shalt apply
<br />the proceeds of the sale in the foliowing order: (a) to all reasonable costs and expenses 01 the sale, including, but notlimiled to.
<br />T rust"'. tee. of not more than % ofthe gross sale ,;>rice, reasonable anorney's lees and costs oftitleevidence:
<br />(bl to all sums secured by this Deed of Trust; and (c) the excess, If any, to the person or persons legally eontil1ed thereto.
<br />11. Bon_If"RIght 10 R..IltI'-Ie. Notwithstanding Lender's acceleration of the sums secured by this Deed or Trust.
<br />Borrower .hall helve the right 10 have any proceeding!! begun by Lender 10 enforce the Deed of Trusl discontinued at anytime
<br />prior to the earUer to occur 01 (ilthe fifth day belore the sale of the Property pur3uant to the power 01 sale contained in thfl Deed
<br />of Trust \iil entry 01 a judgment enlorclng this Deed 01 Trust if: (e) Borrower pays Lender all sums which would be then due
<br />under thl. Deed of Trust. the Note and noles securing Future Advances, il any, had no acceleration occured:(b) Borrower
<br />cures all broaches 01 eny other covenants or agreements 01 Borrower contained in this Deed at Trust (cl Borrower pays all
<br />reosonable expenses incurred by Lender and Trustee enforCing the coven an Is and agreements of Borrowor contaoned In thl~
<br />Deed 01 Trustand In enforcing Lender's and Truslee's remedies as prolllded in paragraph' 8 hereof. InCludll1g, but nol Itmlle<l
<br />10. rflllsoneb'" a"orney's tees,lInd id) Borrower lokes such ncllon as Lender may reasonably '('Qune 10 assure Ihallh!1 Imn of
<br />I,."s Deed of Trust Lendor's Intcrelll in the Properly and Borrower's obligation 10 pay the ~lI111B 9f'cu'e<1 by Ihls Deed 01 1 rusl
<br />sholl continuo urllmpalred Upon such payment and cure by Borrower t!-is Dl'ed 01 1I'U~' AnI} Ih., ohl'anllon9 s"c",~d h"'l'~Y
<br />sholl reml\II' "' '"11 torce and e"ecl 8911 no nccelornllon had oceul"F'
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