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<br />B8-104485
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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation or other tnking of the Property, or part thereof. or tor conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender
<br />In the event 01 a totallakmg ollhe Property, the proceeds sh,1I be applied to the sums secured by this Deed of Trus~ 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 writing, 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 tho amount of the sums secured by this Deed oITrust immediately priorto the date of taking bears to the
<br />fair market velue ot the property Immedietely prior to the date of taking, with the balance of the proceeds paid to Borrower_
<br />If the Property IS abandoned by Borrower, or if, after notice by lender to Borrower that the condemnor aHers to make an
<br />award or settle a clelm for de mages, Borrower fails 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, either to restoration or repair of the Property orto
<br />the sums secured by this Deed 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 01 the monthly installments referred to in paragmphs '1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Rele..ed. Ex1enslon 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 Elorrower'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 Lender Nota Waiver. Any forb~arance by Lender in exercising any right or remedy hereunder, or
<br />otherwise aHorded by applicable law. shall not be a waiver of or preclude the exercise ot any such right or remedy. The
<br />procurement of insurance of the payment at taxes or other liens or chalgt:5 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. Remedies Cumulative Ail remedies provided In this Deed of Trust are disllnct 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. Succe"orll and Alllgn. Bound; Joint and Several Uablllty; Captions, 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 agrt:'arrwnts of Borrower shall be joint and several. The
<br />cap~ionsBnd headings at the paragraphs of this Deed of Trust are lor corVe-nle-rce only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. Except for any notice reqUired under applicable law to beglven In another manner, (a) any notice to Borrower
<br />provided tor In this Deed 01 Trust shall be given by mailing such nolLce by certified mail addressed to Borrower at the Property
<br />Address or at such other address as Borrower may dcsignate by notice to Lender as provided herein, and lb) any notice to
<br />lender shall be given by certified mail, return receipt reQuested. 10 Lender's address stated herein orto such other address as
<br />Lender may 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 g'\len In the manner designated herein
<br />15. Unfrorm Deed of Tru.t. Governing Law; Sever.blllty. The form of deed or trust combines uniform covenants for
<br />national use and non-uniform covenants with limited Variations by JUrisdictIOn 10 constitute d uniform security instrument
<br />covering real property. This Deed,of Trust shall ba governed bV the law of the lunsdlctlon 10 which the Property is located. In
<br />the event that any proviSIon or clause 01 this Oe..d 01 Trust or the Noll' conflicts With applicable law, such conllict shall nol
<br />aHect other provisions ofth.s Deed olTrust or the Notc which can be g'ven el1ec. Without the conflicting provisions, andto this
<br />end the provisions 01 the Deed of T1lJst and the Note aro declared 10 bc severable
<br />16. Borrower'. Copy, Borrower shall be furnished a conformed copy of the Note and 01 Ihls Deed 01 Trust at the lime at
<br />eJCecullon Or aner recordation hereof
<br />17. Tranl'er 01 the Property: A..umpUon.1I all 01 any pari 01 the proPerty 01 an mterest therein IS sold or transferred by
<br />Borrower wilhout lender's prior wrll1en consent, eJCcludmg (a) the cleation of a lien or encumbrance subordinate to this Deed
<br />01 Trus~ lb)lhe creation of a purchasc money security onteresttor household appliances, (cl a transfer by devise descentorby
<br />operation of law upon the death 01 a joinltenant or (dlthegrant of any leasehold Interest of three years or less not containing an
<br />option to purchase, Lender may. at Lender's option. declBreall the sums secured by this Deed of Trust to be Immediately due
<br />and payable. Lender shall have waived such option to accelerate il. pnor to the sale or transter. Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement on wntmg that the credll of such person is satisfactory to
<br />Lender Bnd thatlhe intercst payable on the sums sccured by thIS Deed 01 Truslshall beat such rate as Lender shall request II
<br />Lender has waived the option to accelerate provided in this paragraph 17. dnd If 8orrowet's successor in interest has
<br />executed a written assumption agreemen1 accepted in writing by Lender Lender "5hall release Borrower from all obligations
<br />under this Deed of Trust and lhe Nole
<br />It lender exercises such option to accelerate. LencJer shall mall Borrower notice of acceleration In accordance with
<br />paragraph'4 hereof. Such notice shall prol/lde a penod of not less than 3D days from the date the notice is mailed within which
<br />Borrower may pay the SurTIS declared due. II 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 remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS, Borrower and lender lurther covenent and agree a. tollows:
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<br />'1. Accel....Uon: Remedln. Except as proVided In paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower In thiS Deed of Trust,lncludlng the covenants to pay when due any sums secured by this Deed ofTrus!.
<br />Lender pnor to acceleration shall mOll notice to Borrower as provided In paragraph 14 hereof specifying, (1) the breach; (2) the
<br />action required 10 cure such breach, (3) 9. date. natless 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 10 the n01ice may result in
<br />acceleration of the sums secured by thi~ Deed of Trust and sale 01 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 ~ssert the non-existence of a default or any other
<br />defense ot Borrower to acceleration and sale. It the breach is not cured on or be10re the date specified in the notice. Lender at
<br />Lender's option may declare all of the sums secured by thiS D86d of Trust to be Immediately due and payable without further
<br />demand and may invoke the power at sale and any other remedies permitted by applicable law. Lender snail be entiUed 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 or sale is invoked, Trustee shall record a notice at defaullln 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 theolher
<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 lhe highest bldderatthe Ume and placc and under Ihe terms designated ia 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 1ime and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale,
<br />Upon receipt 01 payment of the price bid. Trusteeshall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee's deed shall be prima tacieevidence of the truth 01 the statements made ther~in. Trustee shall apply
<br />the proceeds of the sale in the following order. (a) to all reasonable costs and expenses ot the sale, including, but not limited to,
<br />Trustee's fees of not more than % of the gross sale price. reasonable attorney's fees and costs of titleevidence;
<br />(b) to all sums secured by this Deed of Trust, and (c) the excess, If any, 10 the person or persons legally entitled thereto.
<br />19, Borrower'. Rlflhl to Reinstate. Notwithstanding Lender's acceleration ollhe sums secured by this Deed of Trusl.
<br />Borrower shall have the right to havE' any proceedings begun by Lenderto enforce the Deed of Trust discontinued atany time
<br />prior to the earlier 10 occur of (I) the fifth day before the sale or the Property pursuant to the power of sale contained in the Deed
<br />of Trust (iI) entry 01 a judgment enforCing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due
<br />under this Deed at Trust, the Note and notes securing Future Advances, II any, had no acceleration occured:(b) Borrower
<br />cures all breaches of any other covenants or agreements of Borrower contained In 1hls Deed of Trust" (c) Borrower pays all
<br />reasonable expenses incurred by Lender and Trustee enforCing the covenants and agreements of Borrower o:ontalned in thiS
<br />Deed at Trust and In enforcing Lender's and Trustee's remedies as prOVided In paragraph 18 hereol.lncludlng. but not limited
<br />to. reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably reQuIU" to assure that the Iren of
<br />thiS Deed of Trust. Lender's Inter8st in the Property and Borrowe,'s obligatIon 10 pay Ihe sums SEcured by Ihls Deed of Trust
<br />shall conllnue unimpaired. Upon such payment and cure by Borrower thiS Deed of Trust a~d Ihe nbllql1tlons secured hereby
<br />shall remain In full force and effecl as It no acceleratIon had occurred
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