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<br />88- 106175
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<br />9. Condemnation. The proceeds 01 any award or claim far damages, direct or consequential, In connection with Bny
<br />condemnation or other laking of the Property, or part thereof. or lor conveyance In lieu of condemnation, are hereby assigned
<br />and shall be peld to Lende,. ,
<br />In the evenl 0' e total taking ot the P,operty, the proceeds shell be epplled 10 Ihe sums eecured by this Deed or Truel, with
<br />the excess, II any, plld 10 Borrower. In the even' 01 a pertlal taking 01 Ihe P,operty, unless Borrower and Lender olherwlse
<br />egree In writlng,lhere shall be applied to the sums secu,ed by this Deed 01 Trust such proportion ofthe proceede ..Is equal to
<br />that proportion which the amounl 0' Ihe sums aecured by Ihls Deed ofTrust Immedialely p,lorlo Ihedate at taking bears 10 Ihe
<br />'air merket value,ol the property Immediately prior 10 the dele of lIking, with the belance of the p,oceeds paid to Borrower.
<br />II the Property Is abandoned by Borrower, or If, aller notice by Lender 10 Borrower thet the condemnor oilers to mIke an
<br />award or settle a.clBlm for damages. Borrower falls to respond to Lender within 30 days after the date such notice Is mailed,
<br />Lender Is authorized 10 collecl end apply 1he p,oceeds, al Lenda,'s option, either 10 restoration or repllr of Ihe Property or 10
<br />the sums secured by thle Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any 5uch application of proceeds 10 principal shall not extend or
<br />postpone the due date of the monthly installments relerred to in psrngraphs 1 and 2 hereof or change the amount of such
<br />installments,
<br />10. BorrowerNoI Rol....d. Extension of the time lor payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor In interest 01 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 demand 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
<br />otherwise afforded by appllclble law, shall nol be a welver 01 or preclude the exercise 01 eny such rlghl or remedy. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a walveraf Lender's right to
<br />accelerate the maturity of the Indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative All remedies provided in this Deed of Trust BrB 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. Successors and As.lgns Boundj Joint and Several L1ablllly; Captlonl!. The covenants and agreements herein
<br />contained shall bind, and the rights 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 01 the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />define the proviSions hereof.
<br />14. Notice. Exceptfor any notice required under applicable law to be given in another manner. (a) any notlcelo Borrower
<br />provided for In this Deed 01 Trust shell be given by mailing such notice by certified malleddressed to Borrower atthe Property
<br />Address or et such other address as Borrower may deslgnale by notice to Lender as provided herein, and (b) any notice 10
<br />lender shall begiven by certified mail, return receipt requested, 10 Lander's-address stated herein or to such other address as
<br />Lender mey designate by noliceto Borrower as p,ovided herein, Any notice provided for In this Deed ofTrustshall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein
<br />.15. Uniform Oeed of Tru.ti Govornlng Law; Severability. The form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute B uniform security Instrument
<br />covering ,eel property. This Deed of T,ust shall be governed by the lew 0' the jurisdiction in which the Property Is located. In
<br />the event Ihat eny provision or clause 01 this Daed 01 Trust 0' the Nole conlllcls with applicable law, such conflict shall not
<br />affect other provisions 01 this Deed 01 Trust orthe Note which cen be given eHect wlthoul the conflicting provisions, and to Ihls
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16, Borrower'. Copy. Borrower shall be furnished a conformed copy or the Note and 01 this Deed of Trust at the time of
<br />execution Dr after recordation hereef
<br />17. Tr.n.ler ollhe Properly: A...mpllon. II all or any part 01 Ihe property or an Inlerest the,ein Is sold or translerred by
<br />Borrower without Lender's prior written consent, eXCluding (a) the creation of 8 lien or encumbrancElsubordinatelothis Deed
<br />o'Trust, (b) the creation of a purchase money security Interest for household appliances, (c) e transfer bydevise descentor by
<br />operetlon oflaw upon Ihedealh of a joint lenen! or ld)the grant 0' eny leesehold interest ofthree years or less not containing an
<br />option to purchese, Lender may, at Lender's option, decla,e all the sums eecured by Ihls Deed ofTrustto be Immediately due
<br />and payable, lender shall have waived such option to accelerate if, prior 10 Ihe 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 of such person Is satisfactory to
<br />Lender and Ihatthe interest payable on the sums secured by this Deed of Trust shall be at such rate as Lendershall reques1.1f
<br />Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor In Interest ha!!!
<br />executed a written assumption agreement accepted in writing by Lt"nder. Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Nole,
<br />If 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 not less than 30days from the date the notice Is mailed within which
<br />Borrower may pay the sums declared due. If Borrower falls to 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. UNIFORM COVENANTS. Borrower end Lender further covenlnl Ind agree e.lollows:
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<br />18. Acceleration; A.madle.. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement 01 Borrower In this Deed 01 Trust, including the covenants to pay when due any sums secured by this Deed ofTrusl,
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach; (3) a date, not less than 30 days from the date the notice Is mailed to Borrower, by which
<br />such breach mustbe cured; and (4) that failure to cure such breach on or before thedats specified in the notice may result in
<br />acceleration of the sums secured by this Deed ofTrustand sale olthe Property. The notice shall further inform Borrower of the
<br />right 10 reinstate after acceleration and the right to bring a court action to assert the non-existence of B default or any other
<br />delense of Borrowerlo acceleration and sale. If the breach Is not cured on or before the date specified in the notice, Lendsr at
<br />Lender's option ma, declere all 0' the sums secured by Ihls Deed at Trusl 10 be immedletely due Ind peyable without further
<br />demand and may Invoke the power of sale and any.other ramedle:J permitted by applicable law. Lender shall be entlUed to
<br />collect all reasoneblecosts and expenses Incurred In pursuing the ,emedies provided In the paregraph 18, including, butnol
<br />limited to, reasonable anorney'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 />thereof!s located and shall mail copies of such noUce In the manner prescribed by applicable law 10 Borrowerand to the other
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<br />shall sell the Property at public luction 10 the highest bidder at the time and place and under the terms designated In Ihe notice
<br />of sale in one or more parcels and In such order as Trustee may determine. Trustee may postpone Mle of all or any parcel of
<br />the Property by public ennouncemenl el the time and place of any previously scheduled sale, Lender or Lender's deeignee
<br />may purchesa Ihe Property at any sale.
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<br />the proceeds of the 88ls in the following order. (a) 10 all r8asonable costs and expenses of thassle, Including. but not limited to
<br />(b)ut~:;~e::~~~::dob~ t~i~ Deed of Trust ~noJ (~)lh::::~~~ifl~~:.~~~~~a:~~~o~~:;~1:: ~~fr~~~tft~:~h:;:t~~ce;
<br />11, s.xyower'. Righi 10 Reln.lale. Notwithstanding Lender's ecceleretion of the sums secured by this Deed of Trust
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<br />cur" 811 breaches of any other co...enants or agreements or Borrower contained In this Deed of Trust: (c) Borrower pays 011
<br />reasonable expenses incurred by Lender and Trustee Gnforcing the covenants and agreements 01 Borrower contained in thiS
<br />Deed of Trust and In enforcing Lender's and Trustee's remedies as proVided U1 paragraph 1 B hereol. Including, but not limited
<br />to, rea~nable anorne)"s fees; and (d) Borrower lakes such acllon as Lendor may reasonably reqUire to assure trlnllho lien 01
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<br />ahall remBln In tulllOfce and efloct 85 it no accelornhon had occurred
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