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apart. 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 to Lender
<br />In the event Of a 11OW taking Of the Property, this Proceeds shall b ®a hail t0 the sums Secured by this _ Of Trust. with
<br />the exc , if any, paid to Borrower. In the event of a PP
<br />in writing, there shall be partial taking of the Property, unless Borrower and lender otherwise
<br />! which the amount of tie sumsu secured m�� his tad of Trust such proportion of the prOC a as is equal to
<br />fair ralarkat value Of Me pr immediately Y Of Trust immediately prior to the date of taking rs to the
<br />It Pr is on by Borrower, or it, after notice bytLender tohBorrower that the Proceeds offers to make an
<br />award Or soffloths a claim for damages, Borrower fails to respond to Lender within 30 days after Me date such notice is mailed,
<br />L
<br />the sums ender is authorized to Collect and apply the proceeds, at Lender's Option, either to restoration or repair of the Property or to
<br />secured by this Dead of Trust
<br />matUnless Lender and Borrower nth ly Insti agree in writing, any such application of Proceeds to principal shall not extend or
<br />� Ilse Burt date Of the monthly inaraiiments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />ins �.
<br />ig. BOFTOWW NM . Ex ton Soo n of the time 'Of 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 Of the original Wrfower and Borrower's successors interest Lender shall not be required
<br />Jost such successor or refuse to extend time for payment or otherwise modify amortition of the sums commence
<br />Secured proceedings
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Lendef Not a Waiver. Any forbearance by Lender rn exercising any right or remedy hereunder, or
<br />Otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />prOcurenrientof insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's rightto
<br />i acc the maturity of the indebtedness secured by this Deed of Trust
<br />i2• Re nedlaa Ctrrrttrfaffve All remedies provided m this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law Of equity and may be exercised concurrently, independently or
<br />successively
<br />13. lsUCC014011s anti Assign pound; Joint and Several Liability; Captions. The cuvenants and agreements herein
<br />contained shalt 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, 7J' rov,: nano, and agreoments of Borrower shall be Joint and several. The
<br />captionsand headings of the paragraphs of this Deer] of Trust are for c
<br />define the provisions hereof. r ;r nuance only and are not to b ©used to interpret or
<br />14• NoBca. Except for any notice required under appircabte law to be given 'D another manner, (a) any notice to Borrower
<br />Provided for in this Deed of Trust snail be given by maiNng sucli nonce by certified mail addressed to Borrower at the Property
<br />Address or at such other address as Bon owe( may designate by nonce to Lender as provided therein, and (b) any notice to
<br />tender 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 Burrower 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 ➢naor-er designated herein
<br />15. Uniform Deed of Trust; Governing Law; Sstrerablaly. The Iorm of deed o! trust combines uniform covenants for
<br />national use and nonuniform covenants with limited variations by jurisdiction to constnute a uniform security instrument
<br />covering rest property This Deed of Trust shalt be Joverned by file law !the )urisd!ct on in which the Property !s nstru d. In
<br />the event that any provision Of clause of thnr{)epd frust Of the Not conrl!r,ts with applicable law, such conflict shall not
<br />elect OtherprovisionsofthisDeadolTrust ®rthsifild"'sth"canberJ V c etiertwithout meConflicting w, provisions,and tothis
<br />end the provisions of the Dead of Trust mid the Note are declared to be severable.
<br />18. 9orrowtr's Copy. Borrower shall be furnished a conformed co
<br />execution or after recordation hereof Pv o11he Note and of this Deed of Trust at the time of
<br />of17. Tranater of the Properly; Assumption. p ,! i part h ! !t•e: prul rift ur .➢ h i ;as3rt g4 ttiere;r is sold or transferred by
<br />Trust, t, ( without anon f prior h e lnu4r t n1 cx ill Air,d ta) dhu crua5ti n of a fri r. or enF uF ➢hbranccl subordinate hotels Dead
<br />of Trust, (b) the creation of a put charm money securty uue➢est fur huusehaid applianebs, (c) a transfer by devise deseentor by
<br />operation of law upon tote death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />uptiOn 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 shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to
<br />whom the Property !s 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 ser u➢er1 by foie Deed of Trust snail be at such rate as Lender shall request If
<br />Lender has waived the option to accelerate provided In this paragraph 17. and it Borrower's successor in, interest has
<br />underthi a written arust and ti agreement accepted m wrrt!ng by lender Lender shall release Borrower from all obligations
<br />under this Dead of Trust and the Note
<br />It Lender exercises such option to accelerate. Lender shall Mari 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 fads to pay such sums prior to the expiration of such period. Lender
<br />may. without further notice or demanr, ore Borrower invoke any rerngdies permitted by paragraph 18 hereof.
<br />NON-UNWONM COVENANTS. Borrower and Lender further covenant and agree as foRowe:
<br />1e• Acc*iw&UOn, Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agr 1 of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust,
<br />Leandef prr. -rr to accererat�on shat! mail nr,tice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />act ➢orl 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 branch must be Cured; and (4) that failure to Cure such breach on ar before the date specified in the notice may result in
<br />acc auOn Of the sums secured by this Deed of Trust and sale of the Property The notice shall further inform Borrower of the
<br />rigdgt to reinstate er t acceleration and the right to bring a cou ➢1 action to asserl the non - existence of a default or any other
<br />se of grower to acceleration and sale If 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 immediately due and
<br />demand
<br />and may invoke the power of sale and an other r Y pP payable without further
<br />collect all r costs and ex Y remedies permitter D applicable law. Lender shall di entitled to
<br />,I to, reasonable penes incurr� in pursuing the remedies provided in th ®paragraph 18, includtthg, but not
<br />Ef erney's fps.
<br />thereof POwe* of sale !s inv mot, Trustee shall record a notice of default in each county in which the Property or some part
<br />is 100alilild and shall mail Copies of such notice in the manner prescribed by applicable law to Borrower and to the other
<br />public persons Prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall give
<br />notice Of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower .
<br />she" Pr at Public auction to the highest bidder at the time and place and under the terms designated in
<br />of We
<br />m Or more parcels and in such order as Trustee may determine. Trustee may f the notice
<br />Property by public announcement at the time and lace of an Y postpone sale r e11 or any parcel of
<br />y purchase the pr P y previously scheduled safe. Lender or Lender's designee
<br />receipt � Property at any safe.
<br />T f� sin Payment price bid. Trustee shall deliver to the purchaser Trustee's tithed cony ®ying the Property gold
<br />Thu shelf be prima facie evidence of the truth of tiro statements made therein. Trustee shall apply
<br />W4 Peec010ft Of the MW in the following order (a) to all reasonable costs and ex
<br />Tr `s of not store Man _ % of the gross sale price, reasonable attorney's sale, t Of title tevmdiii
<br />10 erred by this Deed of Trust; and (c) the excess, it any, to the
<br />to. Y person or persons legally entitled thereto.
<br />a to fdotwi ing L f's acceleraton Of the sums secured by this Deed of Trust.
<br />r t have tf» r1d �r tksva any proceed, ngs un by Lender to enforce the Deed Of Trust discontinued at any time
<br />Pry' th Mos 4isde" th Occur Of (i) Ov fifth day before the sale of the Pr
<br />of Trust (oil Dole judgmOnt enforcin this Borrower ty pursuant to the power Of safe contained in the due
<br />WOW of Trust, 6 of Trust if lay) aces, i pays Lender all sums winch would b) than dur.
<br />€;ufaa sit Wenches /y �r and no wring Future Advances, rf any, had no acceleration occured (b) f3o ► rower
<br />Off any ~ covenants Or Ttu ants of Borrower contained in this Deed of Trust (c) Borrower pays ail
<br />ep h ingsrrted by d_ >rler arty Trufrtee eW,.ircin the covenants ar'irf a
<br />B' 1 r`f Trustavost n enforcing l Wide, 5 and Trust 's resr➢edies ss prnvid 9 in tsars ►a me hehrr of Bor ;r Iiwei eonlainod in this
<br />=smrwrey's lbs. arid d!r'rrrrtwer lakrthq nurai ar.Htsrs am ..v,nder n,a rNasopnaf7?y rt3l1!a,rtn to assures that the heyn of
<br />tr> s 1' g. hul not hnlitrwl
<br />xt t i 1yt i ra !t 11" s �ref#rrtsf w the, Pr y
<br />r,�qt nfyantt fiaurtswe+ ^t'�gtYt,i !f7 a tlrc. aivnw
<br />+•frave�l tltxbn ®s }F,.Y� i rr, rat r� E' Y �+e c:.�rrrrl r� thiv C)eta!'} of iriisl
<br />tti' 0A e, •� roar. 4 W.l bay a6 Ur,Ur�1 rEi�uruwa9- thigf fetay .ri T. r 13n<h ih ;bl' <iHl.
<br />At 'd e:M r -_ as � r.,� ercr.e4ce*rati.�r: had rig. <«irr?<7 , , ,�,e�d her r
<br />eh'
<br />_w.�9
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