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87-- 104785
<br />t. Conderniftellon. 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 this event of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Dead of Trust, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unleas Borrower and Lender otherwise
<br />agree in writing. there shall be applied to the sums soured by this Deed of Trust such proportion of the proceeds 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 beers to ties
<br />fair market value of the pr immediately prior to the date of taking, with the balance of the proceeds paid le Borrower.
<br />If the Property is abandon try Borrower, or if, after notice by Lender to Borrower that the condemnor offers to mate an
<br />award or selNe a claim for damages, Borrower fails to respond to Lender within 30 days attar the date such notice is mailed,
<br />Lender is authorized to collect and apply the proceeds, at Lenders option, either to restoration or repair of the Property or to
<br />the owns secured by this Deed of Trust.
<br />Unloss; Lender and Borrower otherwise agree in writing, any such 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 />instaNmer ts.
<br />10. Now owea 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 of the original Borrower and Borrower's successors interest. Lender shall not be required to commence proceedings
<br />against such suwcessor 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 Wailm. Any forbearance by Lender in 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 />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's rightto
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Rernedtes Cur ndstive 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, independently or
<br />successively
<br />12. successors and Assigns Mound, Joint and Several Liability; Captions. 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 of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Notes. 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 atthe 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 shalt be given by certified mail, 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 shall be deemed
<br />to have bow giwn to Borrower or Lender when given in the manner designated herein.
<br />15. UnNwm Deed of Try Governing Law: severabNNy. 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 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 or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not
<br />affect other proviswnsof this Deed of Trust or the Note which can be given effect without the conflicting provisions, and tothis
<br />end the provisions of the Deed of Trust and the Note are declared to to severable.
<br />16. sor"mtw's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfer of #w Prop"; Assumption, it all or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Len(*er's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust. (b) the creation of a purchase money security interest for household appliances, (c) a devisa descant or by
<br />operation of law upon the death of a joint tenant or (d) the grant of any feasehold 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 shelf 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 trial the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deedol Trust shall be at such rate as Lender shall 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 />N Lender exercisas such option to accelerate, Lenclor shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 her eof. Such notice shall provide a period of riot less than 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due If Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />li WUNWORM COVENANTS. Borrower and Lender k~ covenant and agree as too*":
<br />It. AcsMeralioa Remedies. Except as provided tan paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreementof Sot-rower in this Deedoll Trust. including tune covenants to pay when due any sums secured by this Deed of Trust.
<br />Lender poor to acceleration shall mad riouce to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach, 131 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 cute such breach on or Wore the date specified in the notice may result in
<br />acceleration of the sums secured by this Deed of T rust and sate of the Property. The notice shall further inform Borrower of the
<br />right to teinstaft after acceeeaatton 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 bale "the breach is not cured on or before the date specified in the notice, Lender at
<br />Lender's option may declare ail of the sums secured by this Deed of Trust to to immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies emitted by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided In the paragraph 18, including, but not
<br />limited to, ressonatile attorney's fees
<br />If time power of sale is invoked. Trustee "if record a notice of default in each county in which the Property or some part
<br />thereof is located and ~ mail c of such notice m the manner prescribed by applicable law to Borrower and to the other
<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 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 true highest bidder at the time and place and under the terms designated in the notice
<br />Of Sete in one or noose parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />We Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the at any sate.
<br />Upon rocerptof payment of the price bid. Trustee shall defiver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />the pireceedsof the in the Wowing order (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />Trustee's fen of not more than ..__.__._._ ._.. _.._ of the gross sale price, reasonable attorney's fees and costs of title evidence,
<br />(b) to all surrill toured by this Deed of Trust: and (c) the excess, if any, to the person or persons legally entitled thereto.
<br />1t. Bertewo a RISIM to ReleisfeN. Notwithstanding L is acceleration of the sums secured by this Deed of Trust.
<br />Borrower I hava the ightlohaveany proceedings begun by Lender to enforce the Deed of Trust discontinued at any time
<br />to Ilea to occur of (i) tine fifth day before the sate of the Property pursuant to the power of sale contained in the Deed
<br />of Trust Ili) entry of a judgment enforcing thee Deed of Trust it ill) Borrower pays Lender all sums which would be then due
<br />under R" DOW of Trust, the Note and notes securing Future Advancer,. if any, had no acceleration occured (b) Borrower
<br />cures alt tweaches of any other covenants or agreements of Borrower contained in this Deed of Trust (c) Borrower pays ail
<br />lessonable expenses incutood by Lendef and Trustee enforcing the covenar,ls and agreements of Borrower contained in this
<br />Dvait of Trus` surd mn enforcing Leoder's and T rest 's remetd }es as provide d m paragraph 18 hereol, ncludinq, but not iimitead
<br />W ""WONIve aft€.aurl"' S fees - and 4d) Wit ?o*ortakes such action as L. Rndvr ma Y r€iasonablyr t-qu�fe ti assure that the Tien of
<br />s Deed of Trrs . I der's -ritetrsl m the Prelverly and zre acs's obhgatnon io t ay Ptw,j of Try,54
<br />° czatrkr ere inn m Fa 9 ! Fp¢r =, st.r�h pap± ±rent err d eaarts fay fk r r weir, ftii5 C %e cv 7 r a.ri , ".s w, i ii ed hereby
<br />ss nl r te , fire fox* er ror*>d had
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