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<br />104.573
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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 taking of the Property. or part thereof, or for convt!yance in lieu of condemnation. Bre hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be appiied 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 />thai proportion which the amount olthe sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />fair market value of the property immediately prior to the dale of taking, with the balance of the proceeds peld to Borrower.
<br />II the 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 tor damages, 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 or the Property or to
<br />the sums secured b)' this Deed of Tnlsl
<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 monlhly installmenls re'erred 10 in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. &orrowerNol Rele.sed. Extension of the lime 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 Borrower's successors interest. Lender shall not be required to commence proceedings
<br />against such successor or refuse to 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. ForbearanC8 by Lender Nol a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shall not be a waiver at or preclude the exercise 01 any such right or remedy. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lendershall not bea waiver 0' Lender's right to
<br />accelerate the maturity of the indebtedness secured by thIS Deed 01 Trust
<br />12. Remediel Cumulltl.e All remedies provided In thiS Deed of Trust are dis'IOct and cumulative to any other right or
<br />remedy under thiS Deed 01 Trust or afforded by law or equity and may be exerCIsed concurrently, independendy or
<br />successIvely.
<br />13. Suec.llor'll and Alllgnl Boundj Joint and Several Uablllly; Caption.. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the rospecllve successors and assigns of Lender and Borrower.
<br />sublSClto Ihe prOVISIons of paragraph' 7 hereof. All coveflant~ and ftgru'Jrner:ts of Borrower shall be joint and several. The
<br />captions and headings at Ihe paragraphs of this Deed of Trust are fOf conver"ence onJv and BrB nollo be used 10 interpret or
<br />define the proviSions hereof
<br />14. Notice. Eltcepl for any notice required under apphc~ble low to be given In snothel manner. !e) any notice to Borrower
<br />provided 'or in Ihls Deed of Trusl shall be given by malllO~ sucn notlC8 by certlhed mail addressed to Borrower at the Property
<br />Address or 8t luch other address as Borrower may deSignate by nollCo 10 Lender as prOVided herem, Bnd (b) any notice to
<br />lender shall be given by certi~led mail, return receipt requested, to Lender's address stated horein or to such other address as
<br />Lender may designale by notice to Bo,rower as prOVided herein Any nollce provided ror to thIS Deed ot Trust shall be deemed
<br />10 have been given to Borrower or Lender when glvon In the manne' deSignated herOin
<br />15. Un"orm Deed 01 Trull; Govlrnlng Law; SeverablNty. The form of deed 01 trus1 comblOas Uniform covenanla lor
<br />nalional use and non~unjform covenants with limited variations by Jurisdiction to conslltute 8. uniform security instrument
<br />covering roal property ThiS Deed of Trust shall be gpverned by the law of the JUrisdiction to whIch the Properly Is located. In
<br />the event that an~'provislon or clause of J!JIS De,ed 0.' Truat or the Note conflicts with applicable. law. such conflict shall not
<br />allect olher provlslonso' thiS Deed of T ru.t il~ I'lolfl w/liCl1 elm begiveneffect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Trust ,,*,d 1.1'l9!ti,"if\~laro<&.ta'~eroble
<br />1ft. Bonow.,'1 Cop,. Borrower shal~.co,.~PV"I5T"the N~te and or thIS Deed of Trustal1he time 0'
<br />execution or after recordation hCfeof
<br />17. Tranl'.r oflh. Property; Allumptlon. If all ur uny pari ullhu p.opurt.,. ur on IOtelu~llherem 15 sold or trdnsferred by
<br />Borrower withQut Lender's prior wrinon consent, excludmg (8) lhtJ creation of a Iten or cncLmbrancesubordlnateto this Deed
<br />01 Trust, (b) the creation ola purchase money security mlerest for hou.ehold appliances. leI a transrer bydevisedaacentorby
<br />operation of law upon the dealh of a 10lOIIenanl or (d) the grant of any leasehold IOlereslolthree yea.. or Ie.. not containing an
<br />option to purchaso. Lender mey, at Lander's option. doclarealllhe sums secured by Ihls Deed 0' Trust 10 be Immedlatelydua
<br />and payable. Lander shall have waived such optIon to accelerale If, prior 10 the sale or lransler, Lender and the peraon 10
<br />whom the Property is to be sold or transferred reach agreement In writing Ihat the credit of such person Is sati,'actory to
<br />Lender nnd that the mterest payable on rhe sums secured by thiS Deed of Trust shall be at such rate as Lender shall reguestlr
<br />Lender has waived the option to accelerato prOVided In thl3 paragraj:.ln 1 7, and It Borrower's successor in interest has
<br />executed B wfltten assumption agreemenl Bcceptp-d In writIng by lender L onrlm shall rolnaso Borrower from all obligations
<br />under this Deed 01 Trust and the Note
<br />U Lender elterCISes such option 10 accolera1e. Lendel shall mall Borrower notIce 0' acceleration In accordance with
<br />paragraph 14 hereof. Such notice sholl proV'lde a penod 0' not less lhon 30 days trom the date the notice 19 mailed within which
<br />Borrower may paV the sums declared due If Borrower fOils to pay such sums pflor to the e;XplrotlOn of such period, Lender
<br />may. without further notice or demand 0" Borrower, ,"voke 8nv mmodlos permll1ed by paragnllph 18 hereof
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<br />NON-UNIFORM COVENANTS. Bonower end Lender lurther covenanl and Igr.. ellollowl'-
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<br />11. Acc......tlon: Rem"Je.. E.-cepl as prOVIded In paragraph 17 h!treof, upon Borrower's breaCh of any covenant or
<br />agreement 0' Borrower In thiS Deed of Trust, Includmg the covenants to POV when due ony sums secured by this Deed ofTrusl
<br />Lender pnorto acceler~hon shall mall nolI co to Borrower as pro....lded In paragraph 14 no, eot specifying. (1) the breach; (2) the
<br />action reqUired to cure such breach, (3) 0 date, not less than 30 days rrom the date 1he notIce 16 mailed to Borrower, by which
<br />such breach must be cured; and (4) that rallure ro cure such breach on Of before ~ho date speCified In the notice may result in
<br />acceleration of the sums secured by this Deed of Trust and sale of the Property The nollce shall further Inform Borrower or the
<br />right to remslate after acceleratIon and the nght to bnng a court achon 10 Bsser1 the non .Clustence of a default or any other
<br />delense of Borrower 10 acceleration and sale. If the breach IS not cured on or before the date speellled 10 tha notice, Lender at
<br />Lender's option may deelare all Orlhe sums secured by this Deed 01 Trust to be tmmSOl3tely due and payable wilhoutlurther
<br />demand and may ,nvoke the power of sale and any other remedies permitted by applicable law. Lender shall be entlUed to
<br />collect all realonable costs and expense~ incurred in pursuing the remedies p,ovjded In the paragraph 18. including, but not
<br />lImited ta, rlllllOl1abla anorney's fees.
<br />It the pawar of sale is Invoked, Trustee shall record a notice of default In each county In whIch the Property or some part
<br />thereot Is located and shall mall copies 01 such "olice in Ihe manner prescnbed by applicable law 10 Borrower and to the other
<br />persons prescribed by applicable law. Alter the lapse of such lime as may be required by applicable law. Trustee shall give
<br />public notice 0' sale to the persons and in the manner prescribed by applicable low, Trustee, withoul demand on Borrower,
<br />IIhallllell the Property at public auction to ~ at' ,ghest bidder at the time and place and under Ihe terms designated In the notice
<br />01 sale in one or more parcels and in such order as Trustee may delermine. Trustee maYJ'ostpone sale of all or any parcel or
<br />the Praperty by public announcament althe lime and place 01 any previously schedule sale. Lender or Lendar's dllSlgnee
<br />may purchase the Property at any sale.
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<br />The~~~~:;CI~Ig:~'f,e~::~t~~.."~~~~~~riT~~s':'i:~~:~~~~:~:~~~'ifu~~~f~:~~%~":~~sd':;:~;fhn:r~~~~~:t~Os~a~~~
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<br />the prOCeedl 0' the sale in the following order. la) 10 all reasonable costs and expenses 01 Ihe sale. including. but not limited to,
<br />Trustee's feel 0' not more than % oflhegrosssale price. reasonable attorney's fees and costs of title evidence;
<br />{blla all suml HCured by thil Deed of Trus~ and (c) the excess, If any. 10 Ihe person or persons legally entitled thereto.
<br />1". 1J9m!ww'1 Right \0 A.......... Notwithstanding Lender's acceleration of the sums secured by this Deed 01 Trust.
<br />Borrower .hall have the right 10 have any proceedings begun by Lenderto enforce the Deed of Trust discontinued al any time
<br />priOrlO the earlie, 10 occur 01 iii the fifth day belore Ihe Mleol the Property pursuant to the power of sale contained In the Deed
<br />of Trull (i1) entry o. a IUdgment enforcing this Deed of Trust if. (al Borrower pays Lander all sums whiCh would be then due
<br />under this Deed 01 Trust, the Note find notes securing Future Advances, If any, had no Acceleration occured:(bl Borrower
<br />cures all breaches ot any other covenants or agreements of Borrower contained In Ihls Deed or Trusl' (c) Borrower pays 811
<br />reasonable eJ::penSe5lnCUrred by Lender and Trust&e enlorclng tho covenants and agreements of Borrower contained In thiS
<br />Deed of Trust and In enforcing Lender's and Trustee's remedies 88 pro'fldod In paragraph 18 hereof. Including, bur nollimlll.'d
<br />to, r..sonable Ilnorney's fees, Bnd (d) BorrowSf takes 8uch Dctlon 8slendel may reasonably requIre 10 assure thallhe lion 01
<br />thIS Deed 0' Trusl. Lender's tnterestln Iho Prouerty and Borrower's obllgflhon to Dlly thu :'iUIl'!; securod h" U1IS nnnd ot 1 rusl
<br />lih311 continue untmpBlfod Upon !luch paymonl and curo bv BorrowfH Ihl5 need 01 f rusf ilnrt 'hft ohIIQOIIOI'!'> !WClJ,o(j hOloby
<br />'],ho.ll romAIn In lulllorcc Bnd ellact 03 It no accalernlton hod OLf:UHOO
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