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tt. Candetttnabon. The ,scars ;as �q arly aw ald of tl�fti.i; for d:nniagw, rflra:ct of it+ <vr,.,eulior; will) any
<br />condemnation or other taking of thr, Property, « i part then aof, or for convoyaance ire fell of cone mnaWn, are nareby assigned
<br />and qhall be paid to Lender.
<br />41 the event of atotal taking of the property, the proceeds shalI be applied to the sums cured by this Deed of Treat, with
<br />the excess, it any, paid to Borrower In the event of a partial taking of the Prop", unless Borrower and Lender otherwise
<br />agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proofs as is equal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />fair market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Borroi
<br />It the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
<br />award or settle a claim for damages Borrower fails to respond to Lender within 30 days after the date such notice Is mailed,
<br />Lender is authorizers to collect and apply the proceeds. at L.ender'% 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 surh application of proceeds to 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 />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured 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 otthe 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. Forbearance by Lander Not a Waiver. Any forte wance by Lender in exerci> n i any right or remedy hereunder, or
<br />otherwise afforded by applicable law. shall not be a waiver of or preclude 1'ne exercise of any such right or remedy. The
<br />procurement of insurance of the payment of taxes or other hens or charges by Lender shall riot be a waiver of Lender's rightto
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative All remedies prorideu in this Deed of frra.st are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; t "aplions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective sucr..:essors and assigns of Lenderand Borrower,
<br />subject to the provisions cf paragral' . u Sorrewe: aihali be joint and several. The
<br />captions and headings of ine paragraphs o' this e, c d of If r -+st air is , cony r,ence t nfy and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Notice. Except for any nofiue required under applicable law to Le given in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be given by malting such notice by cerfified mail addressed to Borrower at the Property
<br />Address or at such other address as Borrower may designate by notice to Len = -Ier as providers herein, and (b) any notice to
<br />lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as
<br />Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or (_ender wh,ln given in the manner designated herein.
<br />15. Uniform Dead of Trust; Governing Law; Severabiiity. The form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenant; with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the j,.rrisdiction in which the Property is located. In
<br />the event that any provision peer of tnia.Deald of.Trust or the (tote conflicts with applicable law. such conflict shall not
<br />affect other provisions oftha ' r • b can be given effect without the conflicting provisions, and tothis
<br />end the provisions of the D d o rustaftsi3tae eglared to be severable.
<br />16. Borrower's Copy. Biirrov�ffjoaff be furnished wponformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordatiCM'hierttt)f.
<br />17. Transfer of the Property; Assumption ;F er any part or tht, property or an nt l<.st therei, i is sold or transferred by
<br />Borrower withou? Lender's prior w. tc a nt, aAeiu ing;a) the creation of a lie, or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase ivune y secun y interest for housenoid appliances, (c) a transfer by devise descent or by
<br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of 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 of Trust to be immediately due
<br />and payable. Lender shalt have waived such option to accelerate it, 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 inattne interest payable on the sums secured by ttus Deee of trust shall beat such rate as Lender shall request. If
<br />Lender has waivers the option to accelerate tuovided in this paragraph 17, and it Borrower's successor in interest has
<br />executed a written assumption agreement act -epted in wrung by !_ender Lender shall release Borrower from al' obligations
<br />under this Deed of Trust and me (dote.
<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 datethe notice is mailed within which
<br />Borrower may pay the surns declared due. If Borrower fails to pay s ,ch sums prior to the expiration of such period, Lender
<br />may, without further notice or demand. r,n 9onower nvok,, and remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, +.ipon. Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Ts'ust, including the covenants to pav when due any sums secured by this Deed of Trust,
<br />Lender prior to acceleration shall mail notice to Borrower as provided io pwa raph 1 a hereof specifying: {'s tt,e breach; (2) the
<br />action required to cute such breach; (3) a date not less than 30 days f torn the date' e notice is mailed to Borrower, by which
<br />such breach must be cured; and (4) that 1311 Lire. in cure such breach on or before m-, date specified in the notice may result in
<br />acceleration of the sums secured by this Deed of Trust and 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 sate. It 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 imn-leciiately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect alt reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
<br />limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a nct,ce of defa -ult in e.=ch courtly ir, vhicY the Property or some part
<br />thereof is located and shall mail copies of such notice in the manner prescribed by applicable iaw to 5orrower and to theother
<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 previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />T he recitals in the Trustee's dead shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />If proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale., ncl uding, but not limited to,
<br />Trustee's fees of not more than .__ ___ - %of the gross sale price. reasonable attorney's fees and costs of title evidence,
<br />b) to all slums secured by this Deed of Trust. and (c) the excess, if any, to the person or persons legally entitled thereto
<br />19. Barrower's RW to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begur, by Lender to enlorce the Deed of Trust caiscontinuel at any t:rse
<br />prior to the earlier to ocrur of if) the fifth clay before the sale of the Cr operty pursuant to the p+awer of sane contained in the Deed
<br />of 'Trust (Ni e-Ary of a judgment enfoccing 9hi,s Deed of Trust if (a) Burrower gays Lender all sums which wofild t tf tht f, -
<br />,na4er this C) d rsl' trust, tt e Norte and notes s€acurinc Puiure Advances. it erny, had r r ,acctlerritior, iccoread:(bt Borrcrx€r
<br />c ;sifts ail bmar.t tea )f ?any n1hef cover -wits or rarprr:?e:.rr,z . t. r)t Roff"wer r;Grirained in !his C'7r wf ,i ?r;, °,t ,c , Rorrowta, roes asli
<br />xrta *r��aan+_:.erat5b'y;nisi,ferwi dT7vstapa•rrkircing lancr,v n�ar�t`"anrielite,- ,..,.e ;nlfa+.,r,wr ;r�t.rne ^..irth,s
<br />r.
<br />C ood (A € u"ti= , r, e"fr r ,n" 1, ender 4 and trs,s3tte � rwn€ isesa cap provided , paraq, rip" 1 1 c,
<br />,` "Oasrznable tf,""rtey%f,r O%l if; ri' (t >lkwtowr.r.oae %%u:hncti ;ti "'14 Lerile, "u'sY,�r�ti,•at,lF•, ,,,�e?,) titw1'rV,aarl if
<br />De#%il ,. , 0,,Jtfr,rly ant f4zv6wee
<br />of 0t�a �*�, r,�tia e?r I''.,, .,, •:.M ,r 1 , , a v ,- a Utz }
<br />" ail ru..
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