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<br />88- 10589E:
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<br />9. Condemnation. The proceeds 01 any award af claim lor damages. direct or consequenflDl, In connectlon with any
<br />condemnation or other taking 01 the Property, or part thereol. or lor conl/cyanee in lieu of condemnation. are hereby assigned
<br />and shall be paid to Lender
<br />In tho event of a total laking of the Property, the proceeds shall be applied to Ihe sums secured by this Deed 01 Trust, with
<br />Ihe excess, if any, paId 10 Borrower. In the event of a partial taking at Ihe Property. unless Borrower and lender otherwise
<br />agree in writing, tharashall be applied 10 the sums secured by this Deeda! Trust such proportion orlMe proceeds as lsequol to
<br />Ihal proportion which the amount of the sums secured by this Deed afTrust immediately prior 10 the daleol laking boars to Ihe
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<br />fairl~~~k~~g~riv ~~ ~:a~dg~~ ~~~~~~~e~~, ~r;ir~ ~~::;~~~~~ ~y~~i~~e~~~~~~:~r~~:t~~~~g~~~~n~Sr ~~~~~~~~=:~
<br />award or seUle a. claim lor damages, Borrower fails to respond to Lender within 30 days after the dale such nollce is mailed,
<br />Lender is authOrized 10 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 0' proceeds to prinelpelshell not extend Dr
<br />postpone the due dale of the monthly installments referred to in paragraphs 1 and 2 hereol or change the amount 01 such
<br />installments.
<br />10. Borrower Nol Released. Extension of the time lor payment or modificalion of amortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall nol 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 to exlend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed 01 Trust by reason of any demand made by the original Borrower and Borrower's successors in in!srest
<br />11. Forbearance by lender Not a Waiver. Any forbearance by lender m exerCising any righf or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver alar preclude the exercise of any such right or remedy. The
<br />procurement 01 insurance of the payment of taxes or other Hens or charges by lender shall not be a waiver of Lender's right to
<br />accelerate the maturity 01 the indebtedness secured by this Deed of Trust
<br />12. Remedies CumulBUv8 All remedies provided In fhis Deed 01 Trust Bre dIstinct and cumulative to any other right or
<br />remedy under Ihls Deed 01 Trust or afforded by law or equity. and may be exercised concurrently, independently or
<br />successively
<br />13. SUcceaaora and A.algna Bound; Joint and Several Uablllty; Capllons, The covenants and agreements herein
<br />contamed shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subJecllo Ihe prOVISIons 01 paragraph 17 hereof. AU covenants and agreements 01 Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not 10 be used to interpret or
<br />define the proviSIons hereol.
<br />14. Holle.. EJIlcept for any notice required under applicable law to beglven in another manner, (a) any notice to Borrower
<br />provided tor in thIS Deed ctTrust shan be given by mailing such nolice by certified mail addressed 10 Borrower atthe Property
<br />Address or al such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />Leenndde~rs~:~ ~:~~~~l~b~~~~~I;~t~~I~rrr~f~~~ ~~c;:g~r3~~:~:1~~~~~~~~i~; ~~~~fJ:ds:~~~~ ~~~t~~~ ~f ~~~~t ~~~r b~~~:~:~
<br />to have been given to Borrower or lender when given in the manner designated herein
<br />15. Uniform Deed d. Trull; Governing Law; Severability. The form of deed of trust combines uniform covenants for
<br />naltonal use and non-uniform covenants with limited variations by Jurisdiction to consli1ute a uniform security instrument
<br />covering real property. This Deed at Trust shall be govemed by the law of the jurisdiction in wnlch the Property Is located. In
<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 />affecl other provisions of this Deed of Truslorthe Nole which can be given effect without the conflicting provislons,andto this
<br />end the provisions of the Deed of Trust and the Note are declared 10 be severable.
<br />16. Borrower'. Copy. Borrower shall be furnished a conformed copy of the Nato and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Trans'er d' the Property; AlBumptlon.1f all or ar.y part of the property 01 an mterest therein Is sold or transferred by
<br />Borrower without lender's prior written consent, eXCluding (a) the creatIon of a hen or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a Iransfer by devise descent or by
<br />operation ollaw upon the death of a joint lenantar (dl the granlof any leasehold inlerastol three years or less not containing an
<br />oplion to purchase, lender may, at lender's option, declare all the sums secured by this Deed olTrust to be immediately due
<br />and payable. Lender shall have waived such option to accelerate If, prior to the sale or transfer, Lender and the person 10
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit 01 such person 15 satisfactory to
<br />lender and that the interest payable on the sums secured by this DeedofTrust shall be atsuch rate as Lendershall request If
<br />Lender has waived the option to accelarate provided in this paragraph 17, and if Borrower's successor In interest has
<br />executed a wriUen assumption agreement sccepled In writing by Lender, Lender shall relea!;B Borrower from all obligations
<br />under this Deed 01 Trust and the Nole.
<br />II Lender exercises such option to accelerate. lender shall mail Borrower notice of acceleration In accordance with
<br />paragraph 14 hereol. Such notice shall provide a period of not less than 30days from 'he data the notice is mailed within which
<br />Borrower may pay the sums declared due. II Borrower fails to pay such sums prior to the expiration 01 such period, Lender
<br />may, without further notice or demand on Borrower, invoke an)l remedies permitted by paragraph 18 hereof.
<br />NOH-UNIFORM COVENANTS, Borrower and Lender further CGvenant and agree Ba followa:
<br />18. Acceleration; Remedlel. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant ar
<br />agreement of Borrower In this Deed afTrust, including the covenants to pay when due any sums secured by this DeedofTrust,
<br />;~~~~rr~~~rr~dat~c~~~~a~~~hs~~~~~:1(3)~i~:t~, ~~ij~:set~~SnP;g~l~e~f~~~a:~~~~~ t1~ ~~t~6~ ~~~c~~~~~~(~~:O~:~1~: ~~1~~
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<br />such breach must be cured: and (4) that failure to cure such breac~ on or before the date specified in the notice may result in
<br />acceleration 01 the sums secured by this Deed ofTrustand sale of the Property. The notice shall further Inform Borrowerofthe
<br />right to reinstate alter acceleration and the right to bring a court action 10 assert the non-existence of B default or any other
<br />defense of Borrowertoacceleration and sale. If the breach is not cured on or before the ddte specified in the notice, lender at
<br />Lender's option may declare all of 1he sums secured by this Deed at Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any ather remedies permitted by applicable law. ~ender shall be entitled to
<br />collec1 all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but nof
<br />limited to, reasonable attorney's fees.
<br />II the power of sale is Invoked, Trustee shall record a notice at default in each county in which the Property or some part
<br />thereof is located and shall mail caples or such notice in the manner prescribed by applicable law to Borrower and tathe 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,
<br />shall sell the Property at public auction to the highest bidder 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 pre\!iously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receip1 01 payment ot the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truthol the statements made therein. Trustee shall apply
<br />the proceeds of thesalein the following order: (a) to all reasonable costs and expenses of the sale, includIng, but notllmlledto,
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<br />J~)ul~~~;~~e~: ~~~~:so~~ t~~~ Deed 01 Trust; ~noJ(~i ffir~:~~:~~~W~~;,~~~~~apb~~s~~O~~~~:~~: re~~~~~~tft:~I~I~he:)~t~~ce;
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<br />18. Borrow.r'a Righi to Relnatale. Notwllhstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lendertoenforce the Deed of Trust discontinued at any time
<br />prior to the earlier 10 occur of (i) the filth day before the sale of the Property.pursuantto the power 01 sale conlained in the Deed
<br />of Trust (ii) entry 01 a judgment enforclns this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occured:(bJ Borrower
<br />cures all breaches of any other covenan1s or agreements 01 Borrower conlained in lhis Deed 01 Trust. (c) 8arrower p~ys all
<br />reasonable BJIlpenSes incurred bV Lender and Trusleo enforCing the covenanlsand agreements 0180rrowel contained In thiS
<br />Deed at Trust and In enlorclng lende,'s and Trustee's remedies a5 prOVIded In paragraph 18 hereal. including. bul not limited
<br />to. reasonable atlorney'slees, and (dl Borrowef takes such action as lenrier may reasonably rSQulre to afoS<JrE' Ihill the 11011 01
<br />thiS Deed 01 Tlust. lender's Inlerest In the Property and Borrower's obligation 10 pay lhe sums securerl hi' tllt'- Ol"."lllll T rLlsl
<br />snail contInue unImpaired Upon such paymenl nnd cure by 80rrowtll. Ihls Det'd 01 Trust find Itw ohllq'!lhnI15 '>HCUf.'d I1mob.,.
<br />snail rernaln In lUll force nnd ulleel 85 II no Ilccolornllon had accwlad
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