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<br />88- 105843
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<br />9. Condemnation. The proceeds 01 any award or claim lor damages, direct or consequential. in connection with any
<br />condemnation or other taking oltha Property, or part thereof. ortor conveyance In lieu of condemnation, are hereby assigned
<br />and shall be paid 10 Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the 8)Ccess, if any, pal~ to Borrower. In the event 01 a partial taking 01 the Property, unless Borrower and Lender otherwise
<br />agroe in writing, there shall be applied to the sums secured by this Deed cfTrust such proportion oftha proceeds as Is equal to
<br />thBtproportlon which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
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<br />falrl~~~~~~:~~ ~~ ~~a~~g~::J ~~~:~~~~, r::ri?r: ~~::r~~:~~ ~ytL~I~g~~~hB~~:::rnth~t~~~~g~~~~~;r ~~:r~~~~~::~
<br />award or settle a claim for damages, Borrower falls 10 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 proceedsto 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 />1 Q. Borrower Nol Aelea.ed. Extension of the time for payment or modification 01 amortization of the sums securGd 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 Lendershall 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 l.ender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder. or
<br />g~~~:~S:e~~~~~~~u~~nri:~~~h~I~~~~~~~~:II~~~sb~r ~t~::~t::n~fo~~~~~~~:~y't:n~re~r~~~il ~~~~~ :~c:lv~~~: t~::~~Jg~t~~
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedies CumulaUve All remedies provided tn this Deed of Trust are distinct 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, independently or
<br />successively.
<br />con~in:~~~:~~~i~d~:~d ~h.:~?gn~tsBh~~~~~J::~~:17~;:~~:~~;:::~~~~i~a:UuCocne.~~~: a~dv:snsi~~s ~f~e~a~~~~:r~~~~~
<br />subject to the provisions of paragraph 1 i hereof. All covenants and agreements of Borrower shall be joint and several. The
<br />caplionsand headings of the paragraphs of this Deed at Trustare for con'lenience only and are not to be used to interpreter
<br />define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to begiven in another manner, (a) any nolice to Borrower
<br />~doJ~~:: ~~~rst~~~ ~~~ro~J~~:~~~~I~~r~~~~r bJ;~a~~~pg~~~~ ~~~~~i~~ ~~r:~:e~:~ ~~~~::~~~~~~~~n~e(b)~~: ~~ti~:~
<br />~n~e:rs~:~ ~:~~~~t~b~~~~~t~~I~:r~I~~~ ~~C:ri~~rj:~~:1n~~~~~~~i~:~~~~rJ:ds~~~~ ~j~~~~d ~ ~~~~t~~~r ~~~=~:~
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<br />to have been given to Borrower or lender when given in the manner designated herein.
<br />15. Uniform Deed ot Tru.ti Governing LaWj Sever.bIDI,. The form of deed of trust combines uniform covenants for
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<br />~~~~~~~ ~11~&~. covenants with limited variatlo~:h~YI~~~r;~~j~r:~df~r~~i~~t:hl~~~~e~r~~~~'slk:~~~~j~
<br />the event ttta&r:ty pr Is Deed of Trust Dr the Note conflicts with applicable law, such conflict shall not
<br />Bftectothe(,pro""lan I the Note which can be given effect without the conflicting provisions, and tothls
<br />end the praJdAiQlitqf tile N'ote Bre declared to be severable.
<br />16. Borrow.r'. Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or aher recordation hereof.
<br />17. Tran"er ot Ihe Property; A..umptlon.1f aU or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior wrlUen consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />01 Trust, (b) the creation at 8 purchase money security Interest for household appliances, (c) a transfer by devise descent or by
<br />~~~~8ntJ~n P~~~~8~~~~~~~:re~~v~~~ L~i~~~~~sa~~~~~) ~~~e:r~n~I~:h~~~e::~~~~r~nJ~;~~f~ ~~:~~~~~~~r ~~~ l~t~:~~~~~~~~
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<br />and payable. lender shall have waived such option to accelerate 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 thet the credit of such person is satisfactory to
<br />Lender and tha' the Interest payable on the sums secured by this Deed of Trust shall beat such rate as Lender shall requesllf
<br />Lender has waived the option to accelerate provided in this paragraph 17, and If Borrower's successor in Interest has
<br />executed B wrlUen assumption 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 accelerate, Lender shall mail Borrower notice of acceleration In accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of nolless than 30daysfrom the date the notice is mailed wltt,ln which
<br />Borrower may pay the sums 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 Sorrower, Invoke any remedies permItted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS. Borrower l:nd Lender further covenant and agree 81 '0110..:
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<br />18. Acceleration; Remedl... Except as provided in paragraph 17 hereof, upon Borrower's breach of 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 o'Trust,
<br />lender prior loacceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1)thebreach; (2) the
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<br />:~~~b~:~~~~dut~t ~~r~u5r~~ :~~(~riJ:t ra?I~~':; :6o~~~ss~~~ ~~~hsd~oo~ ~~10~:tth~hd~~t~~:~fk,~I~~~~~ :rr~eW:~yb;e:~I\~~
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<br />acceleration of the sums secured by this Deed of Trust and sate of the Property. The notice shal1 further Inform Borrower of the
<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 acceleration and sale. If 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 01 sale and any o\her remedies permitted by applicable law. Lender shall be entitled to
<br />collectall reasonable casts and expenses incurred in pursuing the remedies provided In the paragraph 10, including, but not
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<br />limif~~op~':;6r:re ~~i~~t:d.~~~stee shall record a notice of default in each county in which the Property or same part
<br />thereof 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 to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
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<br />~~:~I~~ ~~:~~:~a~r~~\I;:~~?g~~~~~r~~r::~~~~~: ~:edt~~~~r~:~r~~~en~ ~~~e6~:~~::a1:~P:lr~~~~yth;.~~~~
<br />the Pcoperty by public announcement at the time and place of any previously sChedUleJ' sale. lender or Lender's designee
<br />may purchase Ihe Property at any sale.
<br />TheUr~~r~ful~~~~~=~ g:r fri~~~b~~'J~~sf~~I:~~~~~~~:~~~~~~~~~~~~~:~~~S~e:~~d~~;~hn:r':,l~~~~~:t~~o:h~Wa~~?y
<br />the proceeds oftha sale In the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />lb)Ut~~;~~e::~~I~~~::dOb~ ~i~ De\3d of Trust; ~~~~) ~~:~~~~Ifl~~y~~~~~~a:~~s~~a~~%~~:: ~~~~~~tfJ:~~:~~ce;
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<br />'1. Borrow.r'. Right '0 Rein"".. Notwithstanding Lender's accelt'ratlon of the sums secured by this Deed of Trust,
<br />Borrower shall have the rlght'o havuany proceedings begun by lenderto enforce the Deed of Trustdlscontinuecl at any time
<br />prior to the earllorto occurot (I) the t1fth day before the sale of the Property pursuant to the power 0' sale contained In the Deed
<br />of Truat(i1) entry of it judgmGnt enforcing thIs. Deed 01 Tru!;t If: (al Borrowec pSy:i Lender all sums which would be then due
<br />undor this Deed of Trust. the Note and notes securing Future Advances. if any, had no acceleration Dccured:(b) Borrower
<br />cures all breaches 01 any other covenants or agreements of Borrower contained In this Deed of Trust IC} Borrower pa)'5 all
<br />reasonable ekpenses Incurred by lender and Trustee enforcing the cov~nanlsand agreemenls 01 BOrlower contained ,In 1his
<br />Deed 01 Trust nnd In enforcing Lender's and Trustee's remedies as proYlded in paragraph 18 hereol. Including. bu1 not limited
<br />10, roasonable anorney'slees; and ld) Borrower takes such Bcllon as Lender may reasonablv reQUire to assure thai the 11Bn of
<br />HII!! Deed 01 Trust, Lender's Interest In the Property and Borrower's obligallon 10 paV the sums securod by thIS Oeed 0111U5t
<br />Mhall continue unimpaired. Upon such payment and cure by Borrower. thIS Deed of Trusl and the obllgllllOllS ~~cured horebv
<br />shall remain In lull larce and enect as if no acceloratlon had occurled
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