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<br />87-- 102860
<br />0. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid d Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Pr
<br />Z11 in writing, there shelf be applied to the sums secured by this Deed of Tru PO h u f less Borrower and Lender otherwise
<br />that proportion which the amount of the sums secured by this Deed of Trust im t such proportion of the proceeds a$ is equal d
<br />fair market value of Mae pr Immediately prior to the data of taking with the prior to
<br />of the roceedspaid tboarso the
<br />It the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor Paid Borrower.
<br />a -
<br />award or $ettle a claim for damages, Borrower fails to r Oilers t0 make an
<br />Lender is authorized to collect and apply the proceeds, at Lender's option. either to restoration or o date of Nre Property or O
<br />the sums secured by this Deed of Trust,
<br />postpone the due date of the monthly otherwise rerferredto in such Paragrraphst1 and 2 hereeoof orcha�geatlhee aim amount uhf such
<br />Installments.
<br />till. §§Owen Not Released. Extension of the time for payment or modification of amortization Of' he sums secured by this
<br />Dead of Trust granted by Lender to any successor in interest of 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 Cans
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in sums se
<br />11. Forbearance by lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />Otherwise afforded by applicable law, shell not be a waiver of or preclude the exercise of any such right or remedy. The
<br />Procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />t2• Rentedlea Cumuiatilre All remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this peed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13• Supceeeore and An" Bound; Joint and Several UabNti
<br />contamed shall bind. and the rights hereunder shall inure to, the respective Captions. ccessorls and assigns and enderr and Borrower,
<br />subject to the provisions of paragraph 17 hereof An covenants and agreements of 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 notto be used to interprotor
<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 mail 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 be given by certified mail, return receipt requested. to Lender 's address stated herein or to such otheraddreeaaS
<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 Lender when given in the manner designated herein.
<br />1S. (hWmtn Dead of Trust;
<br />T:orernts with limited ied variations The form of deed of trust combines uniform covenants for r
<br />national use and non- uniform covenants 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 jurisdiction in which the Property is located In
<br />the event that any provision of clause of this Deed of Trust or the Note conflicts with applicable taw, such conflict shall not
<br />affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provisions, and to this
<br />end the Provisions of the Deed of Trust and the Note are dectarad to be severable,
<br />1a• 's Copy Borrower shall be furnished a COMOrrned c0
<br />execution or after recordation hereof copy of the Note and Of this Deed of Trust at the time of
<br />17. TranoW of till PIOpeAy: Assumption. it all or any part of the property or are Interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of alien or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money ecur
<br />OPerabOn of law upon "death ol a y ame grant of any leasehold interest of three yews or savias o tint or
<br />Option to purchase. Lender may, at Lender tenant ti n. the Brent of any leasehold Interest is three yeah or lass not co"ta►ning �
<br />Y opt ion, declare all the sums secured by this Deed of Trust to be immed"y due
<br />and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person d
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is ssisiaotory to
<br />Lender and that the interest payable on the sums secured by Ibis Deed of Trust shall be ai such isle as Lander shalt request. If
<br />Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor In irrler est 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 Nofe.
<br />It 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 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due If Borrower tails to pay such sums prior 10 the expiration of such period, Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted b
<br />NON- UNWORM COVENANTS. Borrower and Lender Y Paragraph t13 hereof.
<br />tt. AceelereSorh; R P hinvoi covenant end agree as follows:
<br />agreement of Borrower in this DOW of Trust, including thee covenants to pay when upon
<br />ue Borrower's us secured by U®is Dead 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 />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 must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Deed of Trustand sale of the Property. The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assen the non - existence Of a delault or any other
<br />defense Of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender of
<br />Landers OP#0h may declare all of the sums secured by this Deed of Trust to be immediately due and pey ®tile without furCrer
<br />demand and may invoke the Prover of sale and any other remedies Permitted by applicable law. Lender shall be entitled d
<br />ln" d afl reasonable opals ad expenses incurred in pursuing the remedies provided in the
<br />litrtifsd �. r�rrvhetra tees. Paragraph 18, including, but not
<br />OwwOOtis located and If the power of said is in end, Trustee shay record a notice of default in each county in which the Property or some part
<br />P SMSProscibed ahaBmatblelosoleir Such
<br />elapsin the manner presCribadbyapplicablelawtoBorrowerandtotheOVW
<br />Public riOSCe d sate iCabie taw. After the lapse of such time as may be required by applicable law. Trustee shall give
<br />t n eh O Persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />Property at Public auction to the hi9hest bidder at the time and Place and under the terms des'pnoted in the notice
<br />in ww Of more Parents and in such Oder as Trustee may dotMrrnne. Trustee rim
<br />Property by public announcement at the ins and place M Y Postpone s� tN all or any Parcel of
<br />may P
<br />Upon tocaript of urchase she Prohpea�rtny st any We. any Previously scheduled sale. Lender or Lender's designee
<br />The in � Trustee's d titre {Inca bid. Trustee shall dekver to ttte purchaser Trustee's deed conveying the Property sold.
<br />ruslee' deed If bs Prime lee's evKkMCO ol the truth of the statements made therein. Trusted shoji apply
<br />the e Proceeds elo fle soli mo in the orb: (a) to � reasOnable coats and ex
<br />Tribe's kip ol not rtmr®thorh �._ . _ Aeneas of the said. including. but not limited fo .
<br />b p� % Of till i Oas sale price, reasonable sfbrnsy'a fps and costa of title evidence;
<br />11. ROM e c M Deed ol Trust and (c) tike excess. if any, to the person or Persons 1e0iy enifted thereto.
<br />Wve1 fbleYrslels Nh11WISIA"rig Lender's acceleration of the sums secured by this Deed of Trust,
<br />prior io site ke occur ol Ii) the any Proceed" begun by Lender to enforce the Deed of Trust discontinued at any time
<br />M Trust (h) OP a y before tiur able of t ho, Property pursuant to the power, of sale contained in the peed
<br />-" t enforcing this peed of Trust it: (a) Borrower pays Lender 811 sums which would be than due
<br />under 1" Deep of Trull, the Nob lend notes Securing Future Advances, if any, had no acceleration occured:(b) Borrower
<br />nurse #01 brMiKh" of any Other covenants or agreements of Borrower contained in this Deed of Trust- (c) Borrower pays all
<br />r jeaxW1, 05incurredbyLeaderandIruateaenforcingthecovenantsands9reamentsofBorrowercontainadinthis
<br />Cat Trust and In anforc ing Lender's and Trustee's remediee as provided in
<br />1.r bre anwney's t"". and (dt Borrower lakes paragraph tahclreof,Inciudi n9,butnommrted
<br />Mrs of Trtrst i ih 1nte sat in the Pr such action as Lonaer may reasonably Iehqurre to assure that the Lien of
<br />(G <mtina.ee unwrrf3arreal Upon alien PParty ofd Bwrowers obll"ttofl to Pay the sump 4ecured by thin [)eett at i mIWI
<br />Itheit Tema, -I'Af Payrragntar"a"t)by(�}prrgwaa this Dwa rf of truster ( then;,e�Uatwnnyr +r�urtadht?reby
<br />uac:e ,and t as .r no Acceierathon had rht:e:;rrrad
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