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<br />88- 104340
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<br />9. Condemnallon. The proceeds of any award or claim for damages. direct or consequential. in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation. are hereby assigned
<br />and shall be paid to Lender,
<br />In the evenl 01 a tolllllaking 01 the Property, the proceeds shall be applied to the sums secured by this Deed 01 Trust with
<br />the excess. il any, paid to Borrower. In the event 01 a partial laking of the Property, unless Borrower and Lender otherwise
<br />agree in wriling,there shall be applied to the sums secured by this Deed olTrust such proportion 01 Ihe proceeds as is aqualto
<br />thai proportion which the amount 01 the sums secured by this Deed 01 Trust Immediately prior 10 the date oltaking bears to the
<br />lair markel value 01 the property immediately prior to the date of laking, with the balance 01 the proceeds paid to Borrower.
<br />IIlhe Property is abandoned by Borrower. or iI, alter notice by Lender to Borrower Ihat the condemnor oilers to make an
<br />award or settle a claim lor damages, Borrower lails to respond to Lender within 30 days alter Ihe date such notice Is mailed,
<br />Lender is authorized to collect and apply the proceeds. al Lender's option, either to restoration or repair of the Property or to
<br />Ihe sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application 01 proceeds to principal shell not exlend or
<br />poslpone the due date 01 the monlhly 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 lor payment or modilicl!tion 01 amortizalion of the sums secured by this
<br />Deed 01 Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability 01 the original Borrower and Borrower's successors interest. Lender shall nol 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 01 Trust by reason 01 any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Lender Nota Walvl3r. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise allorded by applicable law, shall not be a waiver of or preclude the exercise 01 any such right or remedy, The
<br />procurement of insurance 01 the payment ollaxes or other liens or charges by Lender shall not be a waiver of Lender's rightto
<br />accelerate the maturity 01 the indebtedness secured by this Deed 01 Trust
<br />12. Remedla. Cumulallve All remedies provided in this Deed of Trust are distinct and cumulalive to any other right or
<br />remedy under this Deed 01 Trust or afforded by law or equity, and may be exercised concurrentiy, independenlly or
<br />successively,
<br />13. Succes.ors and As.lgn. Bound; Jolnl and Several Uabllily; Capllons. 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 joinl and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interprel or
<br />define the provisions hereof,
<br />14. NoUce. Exceptfor any notice required under applicable lew to be given in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trusl shall be given by mailing sucn notice by certified meil addressed to Borrower allha 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 mall, 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 lor in Ihis Doed olTrust shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />,.15..Unltorm,DHd oHnm; OO~mlng lIIw; Severability. The form of deed of trust combines uniform covenants lor
<br />nlltlonal,uae and,nOI1-unltbffil ~ ants with limited variations by jurisdiction to constitute a uniform security instrument
<br />CQVeri:Eeat properly.~Thli[)e'el16 Trust shall be governed by the law of the jurisdiction m which the Property is located. In
<br />thll ev ~tha\J111Y provlsldll OHllMJee of this Deed 01 Trust or the Note conflicts with applicable law, such conllict shall nol
<br />afllc;l 'provlsionllofltll!l'DeHM'of Trust or the Note which can be given effect without the conflicting provisions. and 10 this
<br />end the provisions of the Deed 01 Trust and the Note are declared 10 be severable,
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at Ihe time of
<br />execution or after recordation hereof,
<br />17. Tranafer olthe Properly; Assumption_ If all or any part of the property or an mterest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excludmg (a) the creation 01 a lien or encumbrance subordlnale to this Deed
<br />01 Trusl, (blthe creation 01 a purchase money security mterest for household appliances, (c) a transfer by devise descenl or by
<br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold interesl of three years or lass not containing an
<br />option to purchase, Lender may, at Lender's oplion, declare all the sums secured by this Deed of Trustto be immediately due
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and tha person to
<br />whom the Property Is 10 be sold or transferred reach agreement in wrlling that the credit 01 such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of T rust shall be a\ such rale as Lender shall raquestlf
<br />Lender has waived the option to accelerate provided in thlS paragraph 17. and if Borrower's successor in Inleresl has
<br />executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligallons
<br />under this Deed 01 Trust and the Note,
<br />If Lender exercises such option \0 accelerate, Lender shall mail Borrower notice of ecceleration in accordance with
<br />paragraph 14 hereof, Such notic" shall proVIde a penod 01 not less than 30 days from the date the nolice is mailed wilhin which
<br />Borrower may pay the sums declered due, If Borrower falls to pay such sums prior to the expiralion of such period. Lender
<br />may. without lurther notice or demand on Borrower. invoke any remedies permitted by paragraph 1B hereof.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender lurlher covellanl and agree as lollow.:
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<br />18. Acr-eleratlon; Remedies. Except as provided m paragraph 17 hereof. upon Borrower's breach 01 any covenant or
<br />agreement of Borrower in this Deed olTrusl including the covenants to pay when due any sums secured by this Deed of Trust
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) Ihe
<br />action required to cure such breach; (3) a date. not less than 30 days from the date the nolice 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 01 Trust and sale of the Property, The notice shall further inlorm Borrower of the
<br />righllo reinstate alter acceleration and the right to bring a court action to assert the non-existence 01 a default or any olher
<br />delense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender al
<br />Lender's oplion may declare all of the sums secured by this Deed ot 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 enlilled 10
<br />collect all reasonable costs and expenses Incurred in pursuing the remedies provided in the paragraph 1 B, including, but not
<br />Iimlled to, reasonable attorney's fees.
<br />lithe power 01 sale Is invoked, Trustee shall record a notice of default in eech county in which the Property or some part
<br />therflOl is located and shall mail copies 01 such notice in the manner prescribed by applicable law 10 Borrower and to the oU1er
<br />porsons prescribed by applicable law, Alter the lapse 01 such time as may be required by applicable law. Truslee shall give
<br />publiC notice ot sale to the persons and in the manner prescribed by applicable law. Truslee, without demand on Borrower.
<br />shall aelllha Property at public auction to the highesl 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 01 all or any parcel 01
<br />lhe Property by public announcement at the time and place 01 any previously scheduled sale, Lender or Lender's designee
<br />may purchase Ihs Property al any sale,
<br />Upon recelpl 01 paymenl of the 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 lacle evidence of the truth of the statements made therein, Trustee shall apply
<br />Ihe proceeds olthe sale in the following order. (a) 10 all reasonable costs and expenses ollhe sale, Including, bul not IImiled to,
<br />Trustee's lees 01 not more than % 01 the gross sale price, reasoneble attorney's fees and costs of Illle evidence;
<br />(b) to 811 sums secured by this Deed 01 Trust; and (c) Ihe excess, if eny, to the person or persons legally entitled thereto,
<br />11, ltorrow.,'. Right 10 Relnsllt.. Notwithstanding Lender's acceleration 01 the sums secured by Ihis Deed 01 Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender 10 enforce the Deed of Trusl discontinued at any lime
<br />prior to the earlior to occur 01 (I) the Illth day belore the sale 01 Ihe Property pUl1luantlo the power of sale contained In the Deed
<br />of Trust \iI) entry 01 a judgmenl enlorcing Ihls Deed of Trust II: (a) Borrower pays Lender all sums which would be then due
<br />under It! s Deed 01 Trust, the Note and notes securing Fulure Advances, II any, had no acceleration OCCllred:(b) Borrower
<br />cures all breaches 01 any other covenants or agreements 01 Borrower contained in this Deed 01 Trust (c) Borrower pays ell
<br />reasonable expenses incurred by Lender and Trustee enforcing the covenants and agreements o' Borrowm contained m Ihls
<br />Deed olTrust and In enlorclng Lender's and Trustee's remadias as prOVIded m paragraph 18 hereol, Inclu<1l11g. but nol limIted
<br />to, reasonable Ilnornoy's fees. and (d) Borrower takes such Bction as Lender may reasonnbl~ IOqUHH to Assuro Ihal tho hen of
<br />thiS Deod or Trust. Lender's intores' in tho Property and Borrower's obligatlOn 10 pay tht! sums !\P( t.H 1'd hy 'hl~ Oood l)l T rUfl1
<br />sholl continue unUllpBtrod Upon such paymont and cure by Borrower. ,hiS Deed of Trus1 nrll1 th., nl~II<l.l"'ll:" '.I'{ 1111'(1 Il(!'l~by
<br />shall romOln In lull 'orce And offect as If no acceleration had occurred
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