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<br />88- 106743
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<br />9. Condemnation. The proceeds 01 any award or claim lor damages. direct or consequenllal, in connection with any
<br />condemnaUon or other taking oflhe Property, or part thereof, ortor conveyance In Iteu at condemnation, are hereby Bsslgned
<br />nnd shall be paid to Lender.
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<br />the Id~~:S~~?,~~~,apt:I~~:~r~g~::I~r~e:Ja~~r~o~=~ ~k'~;~~iti~i~~~~~~,s~:;t:s~eg~~~:~;~~dO~e~d~fr~t~~I~~~
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<br />agree In writing. there shall be applied to tho Bums secured by this Deed of Trust such proportion 01 the proc.oads as Is equal to
<br />that pro~ortlon which the amount of the l!lum& secured by this Deed ofTrtlst ImmeGtlately prior 10 the date or taking bears to the
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<br />falrl;:h~ ~~~~~u~ I~ ~~a~dg~: ~~1~~~:~~. ~~jf: ~~~~~~~~~ ~y~~i~Se~t~hB~~~:~rnt~:t~~~~g~:~~:r~~~r~Ot~~~=:~
<br />award or sattle 8 claim for damages, Borrower falls 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 topalr of the Property or to
<br />the sums secured by this Deed or Trust.
<br />Unless lender and Borrower otherwise agree In writing, any such application 01 proceeds to principal shall not extend or
<br />postpone the due date of the monthly lnstallments referred to In paragraphs 1 and 2 hereof or change the amount 01 such
<br />Inslallmenls.
<br />10. 8orrowerNoI Relea.ec:I. Extension of the time for paymentor modification of amortization 01 the sums secured by this
<br />Deed of Trust granted by Lender to any successor in Interest of Borrower shall not operate to releasB, In any manner, the
<br />lial;lillty of the original Borrower and Borrower's successors Interest. lender shall n01 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 Borro..,.,er and Borrower's successors In Interest
<br />11, Forbearance bV Lender Not e Welver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />~~~~~~s:e~~~f1~~u~:n~:~lf~h~I~~;~e~r~~lt~~~sb;r ~t~::~I'::n~fo~~~~~~~~~Y T:ndxe~r~~~~, ~~:~~ :~~~v~~~: ~~d:;~Y9~t~~
<br />accelerate the maturity of the Indebtedness secured by this Deed 01 Trust
<br />12. Remedies Cumul.llve 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, IndependenUy or
<br />successively.
<br />13. Succeuorl Bnd Aulgns Boundj Jolnl and Several Uabll1ly; Captlona. 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 at 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 at Trust are for convenience only and are notlo be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower
<br />provided for In this Deed of Trust shall be given by mailing such notice by certified mall addressed to Borrower at the Property
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />lender shall beglven by certified mall, return receipt requested, to Lender's address stated herein orto such other address as
<br />Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shell be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trult; Governing Lawj SeverablUty. The form of deed of trust combines uniform covenants for
<br />nation~l.us~.~ncJ.non.unlform cO)l',El(lants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covEUjf1g r:ejl prQPertv:.,Thls. De st shall be governed by 1he law of 1he jurisdiction 10 which the Property Is located. In
<br />lhq eve~t f this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect 0 ' rust orthe Note which can be given I3ffect without the conflicting provisions, and to this
<br />end the ravll st and the No1e are declared to be severable.
<br />16. Borrower'. Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed 01 Trust at the time of
<br />execution or after recordation hereof.
<br />17, Tren.rer of the Property; A..umptlon. II all or any pan olthe property or an IOterest therein is sold or transferred by
<br />Borrowerwlthout Lender's prior written consent, eXCluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust. (b) the creation ot a purchase money security Interest for household appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of ajoint tenantor (d) the grant of any leasehold tnterestof three years or less not containing an
<br />option to purchase, Lender may. at Lender's option. declare all the sums secured by this Deed ofTrustto be Immedlatelydue
<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 that the credit of such person Is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trust shall beat such ra1eas Lendershall request. If
<br />Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor In interest has
<br />executed a written 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 accelerale, Lender shall mall Borrower notice of acceleration In accordance with
<br />paragraph 14 hereof. Such notice shall provide a period 01 not less than 30 days 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 expirallon 01 Buch period. Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 B hereof.
<br />NON.UNIFORM COVENANTS. Borrower Bnd Lender 1urther covenant and agree B. follow.:
<br />18. Acceleration; Rentedl". Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower In lhis Deed of Trust. Including the covenants to pay when due any sums secured by this Deed of Trust,
<br />lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />:~~~~~:~~~~ut~t ~~r~:r~~ ~~~(~rt;~~~ ra~~~~ t~O~~~~ss~:; ~~~hS~~oo~ ~~;O~:~~~d~~~~~~1~~I~~~~: ~:r~::~:re=~I~~~
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<br />acceleration of the sums secured by this Deed of Trustand sale of the Property. The notice shall further Inform Borrowerof 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 ~eclfled In the notice. Lenderst
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<br />~:~~e:ds :~~IC:::B~r~v~~I~~: ~~~~~~r~: :~~ua~ ~ltt~~i~~r::~I~~~~u~~~e~~::'p~:~~~re 1~~~~~dalra~~:lr:~~~~:~~
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<br />collectall reasonable costs and expenses Incurred In pursuing the remedies provided In the paragraph 18, including, but not
<br />limited to, reasoneble attorney's tees.
<br />If the power of sale is Invoked. Trustee shall record a notice of default in each county in which the Property or some part
<br />thereolls located and shall mall copiesof such notice In the manner prescribed by applicable law to Borrower and tothe other
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<br />~~t;;~n~~f~:~li= ~~ ~tf:~:~~B~'d~~~~h~~a~;:r ~fr:~~~~~eb~sa~~~~b~:~~~~r~;t:~~~~~~tl~:~:rid~~ ~~~~~
<br />~~::I~I~ t~~:~~~~~:r~~\I~ :~d~:~~~~~r~~~:Bs~~~=~~~eJ~~~~rn~~r~~re~d ~~:e~~~~::a1:~r~lr~~~~y~~~g~~~
<br />the Property by public announcementst the time and place of any previously SChedUle! sate. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Th~r:~::I~I~:!r:~r:~~=!ri~~~b~~'rT~~~=:~~~~~~~:~W~~~~~~:~I:~~e:~:sd':~;~hn:~~~~~::ofheBr:raS:~~
<br />theproceeda 01 the sale In the following order. (a)lo all reasonable CO::lts and expenses of the sale. Including, but not limited to,
<br />~)I~':r;~e::~~~::dob~ ~~an Deed of Trust; ~~~~~)f~:~:~,'W~~y~~~sth~a:~~6~0~~~~f~ri:re~~~~~~t?J:~h:~:t~~ce;
<br />11. Bono.... RIght to Rlinatatc. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />~~::;t'e:~lre~::~~~~::i)t~~vff,::,nJ:;g~=i:h~B~~~ft~~ ~~~:~op~~~':J~~t'f:,e~::~::~i~~~1~S;g~:rnUe~dl~tt~~~=
<br />~~~a~\~ = g~ ~~:~~:n~~~~~~n~~~: ~:~I~~T~~~~ ~~:~~~~Ir ~~~~ ~:~~~r :~~~~:':t~~I~~~~~~(C) ~~~~~~
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<br />curea all breeches 01 any other covenants or agreements of Borrower contained In this Deed 01 Trust: (c) Borrow.er pays all -
<br />rea!Oneble expenses incurred by lender and Trustee enforcing the covenants and agreements of Borrower contained In this
<br />Deed olTrust and in enlCirclng Lender'sandTrusfee's remedies as provided in paragraph 18 hereof. including. bul not limited
<br />la, reasonable enorney'! lees; and (d) Borrower takes such Bellon a5 Lender may reasonably reqUIre to assure thatlhe lien 01
<br />1hls Deed 01 T,usl, Lender's inlerest in the Property and Borrower's obllgatlOn to pay the sums secured by thIS Deed 01 Tlusl
<br />shall conllnue unimpaired Upon such payment and cure by Borrower. thiS Deed 01 Trust and the ohll~F~llOns s~cured hereby
<br />,hall remain In tull lorce and effect 85 if no acceleration had occurred
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