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<br />88- 106359
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<br />9. Condemnltlon. The proceeds of any award or claim lor damages, dlrect-Or consequential. In connection with any
<br />condemnation or other taking at the Property. or part thereol. or for conveyence In lieu of condemnation. ere hereby esslgned
<br />" and shall be peld to lender.
<br />In the event 01 a total taking oflhe Property. the proceeds shall be applied 10 the sums secured by this Deed 01 Trust With
<br />'Ihe excess, II any, paid to Borrower. In Iha event at e pertiel taking of the Property, unless Borrower and lender otherwlae
<br />agree In wrillng.there shall be epplled to the sums secured by this Deed at Trustsuch proportion at the proceeds aa la equal to
<br />that proporllon which the amount of the sums secured by this Deed of Trust Immediately prlorlo the date of taking bears to the
<br />lair marNet value of the property immediately prior to the dele 01 taking, with the balance 01 the proceeda paid to Borrower.
<br />If the Property Is abandoned by Borrower. or If. efter notice by lender to Borrower thalthe condemnor offerato make an
<br />award or sellle a claim lor demages, Borrower falls to respond to lender within 30 days efterthe dete such nollce Is mailed,
<br />Lender Is authorized to collect and apply the proceeda. at lender's option, either to restoration or repair or the Property orto
<br />the aums.secured by this Deed at Truat
<br />Onless Lender and Borrower otherwise egree In writing, any such application of proceeds to prlnclpelshall notexlend or
<br />postpone tne due data at the monthty Installments refarred 10 in paragrephs 1 and 2 hereot or change the amounl of such
<br />Installments.
<br />10. Borrower NotRelealed. Extension of the lima for payment or modlficetlon of amortization of lhasums sacured by this
<br />Deed of Trust granted by lender fa eny successor in Interest of Borrower shall not operate to release, in any manner, the
<br />liability oflhe original Borrower and Borrower's SUCCBssors Intarest lendershall notbe required to commence proceedings
<br />against such successor or reluse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by rBsson of any demand made by the original Borrower and Borrower's successors in interest
<br />11. F_rance by lender Not a Walvar. Any forbearance by lender in exercising any rlghl or ramedy hereunder. or
<br />otherwise aftorded by applicable law, shell not be s waiver at or preclude the exercise of any such right or remedy. The
<br />procuremenl of insurance oflhe payment at taxes or other liens or charges by lender shall not be a waiver of lender'a rlghllo
<br />accelerate the maturity of the Indebtedness secured by this Deed of Trust
<br />12. Remedlea Cumulallve All remedies provided in this Deed at Trust ere 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 />13. Succ...o.. and Aulgna Bound; Joint and Several L1eblllty; Capllona. 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 at Trust are lor convenience only and are notlo be used to Interpret or
<br />define the provisions hereof.
<br />14. Notice. Excepllorany notice required under appllceble law to beglven In anothermanner.(a) any notlcelo Borrower
<br />provided for tn this Deed orTrustshell be given by mailing such notice by certified mall addressed 10 Borrowerallhe Property
<br />Address or at such other address as Borrower mey designate by notice 10 lender as provided hersln, and (b) eny notice to
<br />lender shall beglven by cerlified msll. return receipt requested. to lender'seddress stated herein or 10 such other address as
<br />lender may designate by notice to Borrower as provided herein. Any nollce provided for In this Deed ot Trust shall be deemed
<br />to have been given to Borrower or Lender when given In the manner designated herein.
<br />15. Uniform Deed of Trultj Governing Law; SIIver.blUty. The form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument
<br />covering reel property. This Deed or Trusl shell be governed by the law of the jurisdiction In which the Property Is located. In
<br />the event thai any provision or clause 01 this Deed or Trust or Ihe Note conflicts with applicable lew, such conflict shall nol
<br />affect other provisions of this Deed 01 Trust or the Note whrch can be given effect wlthoullhe conflicting provisions, and to this
<br />end the provisions 01 the Deed 01 Trustand the Nole Bre,'declared to be severable.
<br />16. Bonawer'l Copy. Borrowe~s~iiil be~unilslleif'8conformed copy 01 the Note and of this Deed of Trusl el the time of
<br />s)(9cutlon or after rBCordatlon'hareof.
<br />17. Tranller of the Property I Auumpllon. It ail or eny part 01 the property or an Interesttherein Is sold ortranslerred by
<br />Borrower without lender's prior wrltlen consent, excluding (a) the creation of a lien or encumbrance subordinate 10 this Deed
<br />oITrust, (b) the creation of a purchase money security Interest lor household appliances, (c) a transfer by devise descent or by
<br />operetlon 01 law upon the death ot e joint tenant or (d) the grant 01 any leasehold Interest of threeyeers or less not containing an
<br />option to purchase, lender may, at lender's option. declare all the sums secured by this Deed 01 Trust 10 be immediately due
<br />and peyeble. lender shell have waived such option to accelerate If, prior to the sale or transrer, lender and the person to
<br />whom the Property is to be sold or translerred reach agreerrodntln wrlllng Ihat the credit of such person Is satialactory to
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<br />t:~~~ ~~~ t~~I~':.~l~~~";'~f~X~~I:~~~~~:t~m:r~e~u::1~~~~~s p~~:gr~~T,'~~. s~~~ ~e ~~r~,;,:~~es~~~:~:~ ~~~~t':.~~rI,~~
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<br />executed a wrltlen assumption agreement eccepted In writing by lender. lender shall releese Borrower from all obligations
<br />under this Deed of Trust and the Nole.
<br />II Lender exercises such option to accelerate, Lender shall mall Borrower notice of acceleration in accordance with
<br />peregreph 14 hereof. Such notice shall provide a period of not less than 30 days from Ihe dale Ihe nollce Is mailed within which
<br />Borrower may pay the sums declared due. If Borrower tells to pay such sums prior 10 the explrallon at such period. Lender
<br />may, without further nollce or demand on Borrower. invoke any remedies pennilled by paragraph 18 hereol.
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<br />NON-UNIFORM COVENANTS. Bonawer and lender lurther covenant and agree al follow",
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<br />18. Acceferallon; Remedlel. Except as provided In paregraph 17 hereof, upon Borrower's bresch of any covenant or
<br />agreement at Borrower in this Deed oITrust Including the covenants to pay when due any sums secured by lhls Deed otTrust
<br />lender prior to ecceleratlon shell mall notice to Borrower as provided In paragraph 14 hereof specltr.lng; (1) the breech: (2) the
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<br />acceleration of Ihe sums secured by this Deed orTrustand sele or the Property. The nollce shall further Inlorm Borrower ot the
<br />right to relnstale atler acceleration and the right to bring e court acllon to assert the non-exlslence 01 a delault or any other
<br />defense of Borrowertoacce:.lmtlon and sale. If the breach Is not cured on or before the date specified in the notice, Lenderst
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<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided In the paragraph 1 S, Including, but not
<br />limited 10; reasonable atlorney'a rees.
<br />If the power of sale Is Invoked, Trustee shall record 8 notice of default in each county In which the Property or Borne part
<br />thereoflslocetedend shell mall caples of such notice In the manner prescribed by ar,Pllcable law to Borrower and to the other
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<br />~~:::t~~ ~~:~~:':'~~r~~\~~~~~~~r~~r~}~~~1:':~:~~~e~~rn~~~:;::,::::,d.::~~er ~~~'::'1:~r~f::'r"~~t~~~:"o~
<br />the Property by public announcement at the lime and place of any previously sChedul~sle. Lendsr or lender's J'eslgnee
<br />may purchase the I'roperty at any sale.
<br />TheUr:r~~Ic:~~=~g:'::Uh~~leb~:'J~~~:i:~~\~~~~:~W~'i!u~~"o~~~i.r;:,s,:,...~~d':::~;f~:::,lj~~~~::OJ'''''a'lre'':J~
<br />the proceeda 01 the..te In the following order: (e) toall reasonable costs and expenses ollhe sale. Including, but notllmiled to.
<br />~i::;~~".:::~~::ro~w.~~ Deed or Trua~ ~,:'~Tci B::~~:~~~I~I;~;'~~~~~":~~s~~o~~':1~~:~~:~~ft~"'~~J:~",,:~:~ce:
<br />1.. Borro_'lllIght ta Relnatete. Notwithstanding lender's acceleration or the sums aecured by this Deed of Trust
<br />. :,:~,o:::~~~~~~:.,e~~~:18t~:~f.:,nJ:;~;=I~~a'::::~n~~ ~~~g:~p~~".J;~t~~~:~g:~;~~:~1~scc~~~rnu:tI~~~~=
<br />~~~~J,\~=~: ~i:::~~:n~~r~c::;~n~~= ~~rI~W~~~~ ~~~~~':.~~I: ~~~~ ~:~~~r :~~"e'!:':t~~I~~~~~~(~i :~~o:~
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<br />cur.. all breeches of any other covenants or agreements of Borrower contained In this Deed of Trust: (e) Borrower pays all
<br />reasonable expenses Incurred by Lender and Trustee enforcing the covenants and agreements of Borrower contained In this
<br />Deed of Trust and In enforcing Lender's and Trustee'srlfmedles Bsprovlded In paragraph 18 t"loreof, Including, but not limited
<br />10~ re.IOnBble anorney'. feel; and (d) BorrowertBkelsuch Bction as Lender may reasonably require to assure that the lien 01
<br />thiS Deed 01 Trust. Lender's Internt In the Property and Borrower's obligation 10 pay the sums secured by thiS Doed of Trust
<br />'!ih.n continue unimpaired. Upon luch p'syment And cur. by Borrower, this Deed 0' Trusl Bnd tho oblignllons secured herobv
<br />,hall remain In full torce and effect as It no accelerallon had occurred
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