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<br />88- 105725
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<br />9. CondemnBllon. The proceeds 01 any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, orforconveyancB In lieu of condemnatIon, arB hereby assigned
<br />and shall be paid to lender,
<br />In the event at a lotal taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust. with
<br />the Bxcess,lf 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 01 the proceeds as Is equal to
<br />that proportion which the amount 01 the sums secured by this Oeedal Trust immediately prior to the date of taking bears to the
<br />fair market value of the property Immediately prior to the date of taking, with the balance of the proceeds paid to Borrower,
<br />lithe 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 faUs 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 Deed of 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 />Inst.allments.
<br />10. Borrower Not Relealed. 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 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 Clemand made by the original Borrower and Borrower's successors In interest
<br />11, Forb..rance by Lender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or
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<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedlel!l Cumulative All remedies provided in this Deed of Trust are distinct 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, independently or
<br />successively.
<br />13. SUCCHSOrs and Alii,,". Bound; Joint and Several Liability: CapUanl. The covenants and agreements herein
<br />contained shall bind, and the fights 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 joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are lor convenience only and are notto be used to Interpret or
<br />define the provisions hereof.
<br />14. NoUcs. Except for any notice required under applicable lawto beglven in another manner. (a) any noticeto Borrower
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<br />lender shall begiven by certified mall. return receipl requested, to lender'saddress staled herein orto such other address as
<br />Lendermay designate by notice to Borrower os provided herein. Any notice provided forin this Deed of Trust shall be deemed
<br />to have been given 10 Borrower or lender when given In the manner designated herein,
<br />1!1i. Uniform DHcI of Trult: Governing Law; Sever.bIBIv. The form of deed of trusl combines uniform covenants lor
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<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other provisions of Ihls Deed 01 Trust or the Note which can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed at Trust and the Note are declared to be severable.
<br />16. Borrower'l Copy. Borrower shall be furnished a conformed copy of the Nole and of this Deed 01 Trust Bt the time of
<br />execution or after recordation hereof
<br />17. Trenlf., of th. Property; AllumpUon, il all or any par1 01 the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior wrinen consent, excluding (a) the creation ofa lien or encumbrance subordinate 10 this Deed
<br />01 Trust, (b) the creation ola purchase money security Interastfor household appliances, (c) a transfer by devlaedeacentor by
<br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold Interest of three years or less not containing an
<br />option to purchase, Lender may, at Lender's optlon, declare all the sums secured by this Deed of Trust to be lmmedlalelydue
<br />and payable. lender shall have waived such opllon to accelerate If, prior 10 the sale or transfer, Lender and the person to
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<br />lender has waived the option to accelerate provided In this paragraph 17, and II Borrower's successor In Interest has
<br />exttCuted a written Dssumption agreement accepted in writing by lender, Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note,
<br />II Lender exercises such option to accelerale, Lender shall mail Borrower 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
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<br />NON-UNIFORM COVENANTS. Borrower and Lend.r further covananl and egree III f~lowl:
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<br />18. Acceleration; Remedle.. Except as provided In paragraph 17 hereor, upon Borrower's breach or any covenant or
<br />agreement of Borrower In this Deed of Trust. including the covenants to pay when due any sums secured by this Deed of Trust,
<br />lender prior to acceleralion shall mall nolice to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the
<br />aclion required to cure such breach; (3) a date, not less than 30 days from the date the notice Is mailed 10 Borrower, by which
<br />such breach must be cured; snd (4) that fallureto cure such breach on or before the date specified In the notice may resultln
<br />acceleration oftha sums secured by this Deed otTrustand sale of the Property. The noticeohall further Inform Borrowerofthe
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrower to acceleraUon and sale. If the breach is not cured on ")rbefore Ihe date specified In the notice, Lender at
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<br />collect all reasonable costs and expenses incurred In pursuing the remedies provided in the paragraph 18,lncludlng, but not
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<br />Iiml~~op~~:~~,a:fe '~~~~t:J~~stee shall record a notice of default in each county in which the Property or some part
<br />thereof IS locat~and shall mall copies of such notice In the manner prescribed by applicable law to Borrower and to lhe other
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<br />6~~1~~ t~~:~~~c%~r~:li~:~3~~~~~~~r~~rhae:t~~~~:~:~t~~~~rn~~~r~~~~d~~:e~~~~::a~:~r~li~ ~~y~~~~~~~
<br />the Property by public announcement at the time and place of any previously schedule! sale. Lender or lender's designee
<br />may purchase the Property at any sale.
<br />The~:~::i~~!r:~::~:.:sefh~~leb~i~~T~~Sf=:~~~~~~~:~}~~~~~hc;Jf~~:~I:::'~~i'sd::~~~~::;~~~~:t:,ofh~Waspo~~
<br />the proceeds of lhesale In the following order: (a)10 all reasonable costs and expenses of the sale. including, bul not limited to,
<br />~)u:,~'~~,:: ~~~~o~ ~T~ Deed 01 Trus~ ~~J~~) 8,~:~:~~W~~;.~~~~~ap~~~~o~~%~g~:i::o~ft~~~t?J:~~:;:~~ce:
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<br />18. _....lUghllo RIIIn.IoI.. Notwithstanding Lsnder's sccslsrallon 01 Ihs sums sscursd by this Cae<! of Trusl
<br />Borrowershall haltelhe rlghtto havaany proceedings begun by lender to enforce the DeedofTrustdlscontlnued atanytlme
<br />.priorto lheearliartooccurot(l) the fifth day before the sale oftha Property pursuant tothe power of saleconlalned In the Deed
<br />of Truat~ii) entry of a judgment enforcing this Deed of Trust If: (a) Borrower pays lender all sums which would be then due
<br />under thIS Deed 01 Trull. the Note and notes securing Future Advances, If any. had no acceleration occured:(b) Borrower
<br />curB' all breaches 01 Bny olher covsnBnts or agreements of Borrower contained In this Deed of Trust (c) Borrower pays all
<br />reasonable 8)lpenses Incurred by lender and Trustee enforcing the COYenB~l!I and Bgreements of Borrower contained in this
<br />Deed at Tru5tand 10 enforcing Lender's and Trustee's remedies8s provided In paragraph 1 e hereof, mcludmg, but not limited
<br />to, reasonable anorney's feea; and (d) Borrower takes such action 85 Lender may reasonably reqUire to assure that Ihe hen 01
<br />lhls Doed 01 Trust Lender'l!Ilnterest In tho Property and Borrower's obligalion 10 pay the sums secured by thiS Deed of Trusl
<br />s.hall contmue uOImpaired Upon !uch payment and cure by Borrower, thIS Deed 01 Trust and the oblIgations ~wcured hereby
<br />shall remain In lulllorce and e"ect 8S II no acceleration had occurred
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