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<br />88- 104847
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<br />9. Condemnl2ton. The proceeds of any award or claim tor damages, direcl or consequential, In connection with any
<br />condemnation or alhl' taking of the Property. or partthereol. or for conveyance In lieu 01 condemnation, are hereby assigned
<br />and .hall be paid to I.ltnder. .
<br />In theovent or 0 total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust. with
<br />tho exces" ilany, paid to Borrower. In the event of B partial taking at the Property, unless Borrower and Lender otherwise
<br />agree In wrltlng. thereshBIl be applied to the sums secured by this Deed of Trust such proportion a. the proceeds 8S Is equal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />folr maricet value 01 the property Immedialely prior 10 the date of taking, with the balance of the proceeds paid 10 Borrower.
<br />If the Property Is abandoned by Borrower. or if. after nolice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim 'or 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 of the Property or to
<br />the sums secured by this Dee.d of Trusl
<br />Unless Lender and Borrowerolherwise agree In writing, any such application 01 proceeds to principal shall not extend or
<br />postpone the due date ~I the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments, : .
<br />10. Borrower No' A....nd. Extension 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 Bo.rower 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 successont- In interesl
<br />11. Forbear.nce by Lender Nota Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedv. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not bea waiver of Lender's TIght to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. R.medl.. Cumulative All remedies provided in this Deed of Trusl are distinct and cumulative to any other right or
<br />remedy under 1hls Deed of Trust or afforded by law or equity, and may be exercised concurrently, Independently or
<br />successively
<br />13, Succ...OI"l and A.at~n. Bound; Jolnl and Several UablJlly; Caption.. The covenants and agreements herein
<br />contained shall bind. Bnd the Tights hereunder shall inure 10, the respective successors and assigns of Lender and Borrower,
<br />subject to the proviSIons of paragraph 17 hereof. All covenants and agreelnenls of Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed ot Trust are lor convenience only and are not to be used to Interpret or
<br />defIne the provisions hereof
<br />14. Notlc.. Excep1 for any notice required under applicable law 10 beglven in another manner. (a) any notice to Borrower
<br />prOVided tor 10 IhlsOeed of Trust shall begh/en by mailing such notlce.by certified mail addressed to Borrowerst the 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 certilied mail, return receipt requested. to Lender's address stated herein or 10 such other address as
<br />Lender may deSignate by notice 10 Borrower as provided herein. Any notice provided for in this Deed ofTrusl shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed 0' Trult; Governing LaWj Seyer.billl,. The form of deed of trus~ combines uniform covenants for
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<br />the event that any prOVision or clause 0' lhill"E)aed.oI..TwaLor...J.tl.t:t with applicable law. such conlllct shall not
<br />aNect other proYISlons o'thls Deed of Trust dr1tIi... whldu:tiD-i;J ithoulthe con.fllcting provisions. andto this
<br />end the proviSions 01 the Deed of Trust and the#lf~te afQ'~'lM' Ie.
<br />16. Barrawer'. CoPW, Borrower shall ~urAlibttd~ ~W Nole and of thiS Deed of Trust at the time of
<br />execution or after recordatIon hereol. -_______-.......
<br />17. Tr.n"er of th. Properly; A..umpUon.1f aU or any part of the property or en mlerasl therein is sold or transferred by
<br />Borrowerwilhout Lender's prior wrilten consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />at Trust. (b) the cresUon of a purch8&e money security interestfor household appliances. (e) a transfer by devise doscent or by
<br />operation of law upon the death of a joint lenant or (d) the grant of any leasehold Interestof three years or less not containing an
<br />option to purchase, Lender may. at Lender's option, declare all the sums secured by this Deed of Trustlo be immediately due
<br />and payable. Lender shall have waived such option to accelerale if. prior to the sale or transfer. Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit 01 such person is satisfactory to
<br />Lender and that the Interest payable on the sums secured by this Oeedol Trust shall be at such rate as Lender shall request If
<br />Lender has waived the option to accelerate provided in this paragraph 17. and If Borrower's successor In Interest has
<br />executed a written assumption agreemenl accepled in wrlllOg by Lender, lender shall release Borrower from all obligations
<br />under this Deed of Trus.t and the Note
<br />If Lender exercises such option to accelerate, Lender shall mail Bonower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall prOVide a period of not less than 30days from the date the notice Is mailed within which
<br />Borrower may pay the sums declared due. II Borrower falls 10 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.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />11. AcceleraUon: Remedl... E)lcepl as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreemen1 of Borrower in this Deed of Trust, Including the covenants to pay when due any sums secured by this Deed of Trus!,
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<br />such breach must be cured; and (4) that failure to cure such breac~ on or before the dale specified In the notice may result In
<br />acceleration of the sums secured by this Deed ofTrusland sale of the Property. The notice shall further Inform Borrower of the
<br />right to reinstate after acceleration and the right to brang a court actIon to assert the non.exlstence of a default or any other
<br />defense of Borrower to acceleration Bnd 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 to be immediately due and payable without further
<br />demand and may invoke the power or sale and any other remedies permined by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pUI suing the remedies provided in the paragraph 18, including, but not
<br />limilad to, reasonable attorney's fees.
<br />II the power 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 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 of sale 10 the persons and in the manner prescribEHI by applicable law. Trustee. without demand on Borrower.
<br />shall selllhe Property at public auction to the hlgheslbidder 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 of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
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<br />TheUr:r~~i~~~~~~~e~~le::MTni:.~~I:~~~~~~~:~}~~~~~~~~~~:~Ir:~s~e:~~d=;~;:r~Y~~~~:t:,o~BWas:~ry
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<br />me procee<llorme sale In lhefollowlng ortle, ,e) 10 .11 reasonable co.1a end e.pen... 01 the ..Ie. Including. but nol IImlte<l to,
<br />Trustee's fees of not more than % of the gross sale price. reasonable attorney's fees Bnd costs of lide evidence;
<br />(b) to allluml secured by lIli. Deed of Truot .nd (c) me e.ceo., II any. to the person or peroon.IOQally entltle<ltherelo
<br />11. Borrower', RIghI to ReInat8te. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
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<br />~~~::e~~:;:::~~~:;:: ::~~nJ~r:=I:;,~s~~rJ:~ ~~~g:~Op~%~~~1 \~~Re~~~~:~:,~~sccdn"~r:~i~\~~~~
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<br />of Trust (ii) entry of a judgment enforcing this Deed of Trust If; (aJ Borrower pays Lender all sums which would be Ihen due
<br />under 'thll Deed of Trust, the Note a.nd notes securing Future Advsnces, if any, ~Bd no acceleration occured:(b) Borrower
<br />curn all breaches of any other covenants or agreements of Borrower contained In this Deed at Trust' (c) Borrower pays aU
<br />lea&Qnable expenses Incuned hy Lender and Trustee enforcing 1hecovenants and agreemonts 01 Borrower contamed in thiS
<br />Deed of Trust and m enforcing Lender's and Trustee's remedies as prOVided In porllgraph 1 a hareo!. mcludll1g. but not limited
<br />to. rMsonable nnorney's tees, and (d) Borrower takes such action DS Lender may reasonably reQuue 10 assurG Ihallhe lien of
<br />thiS Deed of Trust Lender's mteresl in the Pmperty and BorrowDI's obligation 10 pay Ihe sums secured b~ It\!<; Oeed 01 T rusl
<br />shall continue unimpaired Upon ~uch pavment and cure by Borrowor thiS Clem:! 01 Trusl and the obllg.llI01l'!> :>l'C 1I11.rt hurob\
<br />shall remaIn In lulllorce and eHec.1 Its, II no acceleralion had occufled
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