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<br />88- 103677
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<br />9. Condemnalion. The proceeds 01 any award or claim for damages, direct or consequential, In connection with any
<br />condemnation or other taking of the Properly, or part thereol, or lor conveyance In lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event 01 a total taking 01 the Property, the proceeds shall be applied to the sums secured by this Deed 01 Trust. with
<br />the excess, If any, paid 10 Borrower. In the event 01 a partial taking of the Properly, 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 01 taking bears to the
<br />lair market value 01 the properly Immediately prior to the date of taking, with the baiance 01 the proceeds paid to Borrower.
<br />lithe 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 lalls to respond to Lender within 30 days aller 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 01 the ProperlY or to
<br />the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree In writing, any such application 01 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. Barrower Not Relealed. Extension 01 the time for payment or modification 01 amortization 01 the sums secured by this
<br />Deed 01 Trust granted by Lender to any successor In interest 01 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 reluse to extend time for payment or otherwise modify amortization 01 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 Lender Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable lew, shall not be a waiver of or preclude the exercise 01 any such right or remedy, The
<br />procurement of Insurance olthe payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's righlto
<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 this Deed of Trust or afforded by law or equity, and may be exercised concurrently, IndependenUy or
<br />successively.
<br />13. SUCCllSllOrs and Aaalgnll Bound; Joint and Several liability; Captlonl. 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 17 hereof. All covenants and agreements of Borrower shall be joint and several. The
<br />captions and headings olthe paragraphs of this Deed of Trust are lor convenience only and are notlo be used to interpret or
<br />deline the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
<br />provided lor In this Deed of Trust shall be given by mailing such notice by certilied mall addressed to Borrower at the Properly
<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 for 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. Unllorm Deed 01 Trult; Governing Law; Severability. The lorm 01 deed 01 trust combines unilorm covenanls for
<br />national use and non-uniform covenants with limited variations by jurisdiction to cons1ilute a unilorm security instrument
<br />covering real property. This Deed 01 Trust shail 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 QI,Tr.IlS~ or tl)e Note conflicts with applicable law, such conflictshall not
<br />affect other pr,:,visions 01 this Deed ,oi,Trust or tlJe;f\lote,WhlGh ~I)i~e given effect without the conflicting provisions, and to this
<br />end the proviSions 01 the Deed 01 Trus~ end the"l\Iote.r.e !lecl!lr.~ to be severable.
<br />16. Borrower's Copy. Borrow!!r shah ;~Jumi~h~:~ofllormed copy 01 the Note and 01 this Deed 01 Trust at the time of
<br />execution or after recordation hereof:.' .., .... .
<br />17. Tranller ollhe Properly; Allumptlon. If all or any part 01 the property or an interest therein is sold or translerred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation 01 a lien or encumbrance subordlnatelo this Deed
<br />olTrust, (b) the creation of a purchase money security Interest lor household appliances, (c) a transfer by devise descent or by
<br />operation 01 law upon the death 01 a jointtenant or (d) the grant of any leasehold Interest olthree years or less notl:ontaining 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 iI. prior to the sale or transler, lender and the person to
<br />whom the Properly is to be sold or transferred reach agreement In writing that the credit of such person Is satislactory to
<br />Lender and thatthe 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 Irom all obligations
<br />under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mall Borrower notice 01 acceleration In accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days Irom the date the notice is mailed within which
<br />Borrower may pay the sums declared due. II Borrower lails to pay such sums prior to the expiration 01 such period, Lender
<br />may, without further notice or demand on Borrower, Invoke any remedies permitted by paragraph 18 hereol.
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<br />NON-UNIFORM COVENANTS. Barvower and Lender further covenant and agree al follows:
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<br />18. Acceleration; Remedies. Except as provided In paragraph 17 hereof. upon Borrower's breach 01 any covenant or
<br />agreement of Borrower In this Deed olTrust, Including the covenants to pay when due any sums secured by this Deed of Trust.
<br />Lender prior to acceleration shail mail notice to Borrower as provided In paragraph 14 hereof specifving: (1) the breach; (2) the
<br />action required to cure such breach: (3) a date, not less than 30 days from the date the nollce Is mailed to Borrower, by which
<br />such breach must be cured: and (4) that lallure to cure such breach on or belore the date specilled In the notice may result in
<br />acceleration 01 the sums secured by this Deed 01 Trust and sale of the Property, The notice shalllurther Inlorm Borrower 01 the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence 01 a delault or any other
<br />delense 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 01 the sums secured by this Deed 01 Trust to be Immediately due and payable without further
<br />demand and may Invoka the power 01 sale and any other remedies permitted by applicable law, lender shall be entitled to
<br />colleclall reasonable costs and expenses Incurred in pursuing the remedies provided in the paragraph 18. including. but not
<br />limited to. reasonable attorney's lees,
<br />II the power of sale is invoked, Trustee shail record a notice 01 default In each county In which the Properly or some part
<br />thereol is located and shall mall 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 01 sale to the persons and in the manner prescribed by applicable law, Trustee, without demand on Borrower.
<br />shall sell the Properly at publiC auction to the highest bidder at the time and place and under the terms designated in the notice
<br />01 sale In one or more parcelS and In such order as Trustee may determine, Trustee may postpone sale 01 all or any parcel 01
<br />the Properly by public announcement at the time and place of any previously scheduled sale, lender or Lender's designee
<br />may purchase the Property stany sale.
<br />Upon receipt 01 payment 01 the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals In the Trustae's deed shall be prlmalacle evidence 01 the truth 01 the statements made therein. Trustee shall apply
<br />the proceeds 01 the sale In the following order: (a) to ail reasonable costs and expenses 01 the sale, Including, but not limited to,
<br />Trustee's lees 01 not more than % 01 the gross sale price, reasonable attorney's lees and costs oltille evidence:
<br />(b) to all sums secured by this Deed 01 Trust; and (c) the excess, II any, to the person or persons legally entitled thereto.
<br />18. Borrower'l Rlllhllo Relnl..te. Notwithstanding lender's acceleration 01 the sums secured by this Deed 01 Trust,
<br />Borrower shall have tlie right to have any proceedings begun by Lender to enforce the Deed of Trust dlsconllnued atany time
<br />prior to the earlier to occur 01 (I) the Iifth dBY belore the sale olthe Properly pursuant to the power 01 sale contained In the Deed
<br />of Trust (II) entry 01 a judgmenl enlorcing this Deed 01 Trust II: (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 agreements 01 Borrower contained in Ihls Deed of Trust: (c) Borrower pays all
<br />reasonable expenses Incurred by Lender and Trustee enlorclng the covenants and agreements 01 Borrower contained in this
<br />Oeed olTrust and In enlorcing Lender's and Trustee's remedies as provided In paragraph 18 hereof, Including, but notllmlled
<br />10, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of
<br />this Deed ot Trust, Lender's Interest In the Properly and Borrower's obligation to pay the sums secured by this Deed 01 Trust
<br />shall continue unimpaired, Upon such payment and cure by Borrower, this Deed of Trust end the obllgeUons secured hereby
<br />shall remain in full force and effect as If no accelerallon had occurred,
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