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<br />88-104894
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<br />9. Condemnallon. The proceeds of any award or claim tor damages, direct or consequential, In connection with any
<br />condemnation or other taking orthe Property, or par1 thareof. or for conveyance In lieu otcondemnBtlon, are hereby assigned
<br />and shall be pold to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the Bums secured by this Deed of Trust, with
<br />the excess. it any. paid to Borrower. In the event of 8 partial taking of the Property, unless Borrower and Lender otherwise
<br />agree in wriling, there shell be epplled 10 Ihe sums secured by this Deed of Trusl such proportion olthe proceeds es Ie equelto
<br />thBt pror.rtlon which the amount olthe sums secured by this Deed of Trust ImmedlBlely prior lolheda18 or18king bears to the
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<br />award or settle B claim for damages, Borrower fails to respond to Lender within 30 days after the date such noUce Is mailed,
<br />Lender Is authorized 10 collecland apply the proceeds, al Lender's option, either to restoration Dr repair of the Property Dr to
<br />the sums secured by this Deed ot 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 of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not R.lealed. Extension of the time tor payment or modification of amortization of the sums secured by this
<br />Deed 01 Trust granted by Lender to any successor In interest at 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 at the sums secured by this
<br />Deed at Trust by reason of any demand made by the original Borrower and Borrower's successors In Interest
<br />11. Forbearance 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 of or preclude the exercise of any such right or remedy. The
<br />procurement ot insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedl" CumullUve All remedies provided in 1his Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed at Trust or afforded by law or equity, and may be exercised concurrently. independently or
<br />successively.
<br />13. SuccenDrl and Asalgns Bound; Joint and Several UabllltYi CapUons. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns 01 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 of the paragraphs 01 this Deed at Trust are for convenience only and are not to be used to Interpretor
<br />define the provisions hereor.
<br />14. Notice. Excepttor any notice required under applicable law to begiven in another manner, (a) any notlceto Borrower
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<br />to have been given to Borrower or Lender when given In the manner designated herein.
<br />15. Uniform Deed of Trust: Governing LaWj SeverablDly. The form of deed of trust combines uniform covenants for
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<br />the event that any prOVision or claUB8 of this Deed of T.ruat ar the Note conflicts with applicable law, such conflict shall not
<br />affect other provisions 01 this Deed ot:rlJ.lslorlt1eNote !Nhich can be given effect without the conflicting provisions, and to this
<br />end the provisions of Ihe Deed of Trus~'ind the 1lIoMt,8t" peQlaredJo be severable,
<br />16. Bonower'. Copy. Borrower shAll Hllqrnlshed a--conrormed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereot_...~,.., " - :. .' '. 'h
<br />17. Transf.r aflbs Property; A..umptlon.1f all or any part 01 the proper1y or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (al the creation of alien or encumbrance subordinate to this Deed
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<br />option to purchase, Lender may. at Lender's option. declare all the sums secured by this Deed of Trust to be Immediately due
<br />and payable. Lender shall have waived such option to accelerate if. prior to the sale or transrer, Lender and the perlon to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit or such person Is satisfactory to
<br />Lender and that the Interest payable on the sums secured by this Deed at Trust shall be at such rate as Lender shall requeslll
<br />Lender has waived the option to accelerate prOVided in this paragraph 17, and it Borrower's successor in Interest has
<br />executed a written assumption agreement accepted In writing by Lender. Lender shall release Borrower from all obligations
<br />under this Deed or Trust and the Note.
<br />It Lender exercises such option to accelerate. Lender shall mall Borrower notice of acceleration in accordance with
<br />paragraph 14 heieof.Such noticeshall 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. It Borrower fails 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.
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<br />NON-UNtFORM COVENANTS. Bol'lOwer .nd Lender lurther eovenentand agree a. lollowa:
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<br />18. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower In this Deed olTrusl, Including the covenants to pay when due any sums secured by thlsDeedofTrus~
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<br />such breach must be cured; and (4) that failure to cure such breach on or belore the date specified In the notice may result in
<br />acceleration 01 the sums secured by this Deed of Trust and sale 01 the Property. The notice shall further Inform Borrower ofthe
<br />right to reinstateatter acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrowerto 8i:celeratlon and sale. If the breach Is nolcured on or before the date specified In the notice. Lender at
<br />Lender's option may declare all ot the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power 01 sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
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<br />IImi~~Op=;-:~e ,:?~~~t:J~:~stee shall record a notice 01 defaull in each county in which the Property or some part
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<br />public noUceal sale to the persons and In the manner prescribed by 8Pp~cable law. Trustee, without demand on Borrower.
<br />shall sell the PropertyatpubUcauction to the highest bidderatthetlme and place and under the terms designated in the notice
<br />of sale in one ar 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 tlme and place of any previously scheduled sale. Lender or Lender's designee
<br />may purehase tha Property at any sale,
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<br />the proceeds ofthesaJe In the'ollowlng order: (8) to all reasonable costs and expenses 01 the sale, Including. but not IImltedto,
<br />~)t~:;~~e::~~~o~~~~~ Deed of Trust ':n~~) g:::~~~~I,I;~;'~:~~~~is~~O~~~~~~~: ~~"~~~.Jt::~~:::t~~ce;
<br />11. Bono...... RIght to R....._. Notwlths18ndlng Lender's acceleralion ollhe sums secured by this Deed 01 Tru.~
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<br />at Trust Pi) entry 01 aludgment enforelng this Deed or Trustlt (a) Sorrower pays Lender all Bum. which would be then due
<br />under this Deed or Trust, the Note and notes securing Future Advances, il any, had no acceleration occured:(b) Borrower
<br />curSfJ all breaches of any other covenants or agreements ot .Borrower contained In lhls Deed 01 Trust (c) Borrow.er p~ys all
<br />reasonable expenses Incurred by Lender and Trustee enforCing lhe covenuntsond agreements 01 Borrower contained," thiS
<br />DeedolTrusl and in enforcing Lender's and Trustee's remltdl..as proYlded '" paragraph 18 hereol, ,"cludlng. but nolllmlled
<br />to. reasonableattorney's feel; and (d) Borrower takes such Bctlon os Lender may roasonably rOQuue 10 assure Ihallho hEln of
<br />this Deed of TrUll Lender's interest in the Property and Borrowe,'s obligation 10 p8')' the sums socured by thIS Deed at 1 rust
<br />shall continue unimpllired. Upon such payment and cure by BorrowOl IhlS Oood 01 Trll!!ll nod the ohhgntlUl1s sf'c\llt!t1l1eroby
<br />shllll femSIn In tull toree and eneelss if no Dccele,otlon had occuuud
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