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86- 100341
<br />♦. ('ondemnalino. 'I he pri,cred. of iris ,.ward or claim it., d,unagrs direst ••r •.—iscil— era) .o t,nucction with ans
<br />sondcmnation or other taking of the Prof.)rty, or part (hereof, err for conveyance u, lieu of t ondemn ail ion, are hereby assigned
<br />and shall he paid to I ender.
<br />In the event of a total raking of the Property. the prtxecd. shall Iw:.tpplwif In the nuns secured by this Uced of T rust
<br />with- he excess, of any, paid to Flotrower In the event of a partial Iak-ng it the Property, unless Borrower and Lender
<br />otherwise agree in well in g, there shall he applied Itithe sums se(ure) by this leecd of 1 rust sorb proporimn of the proceeds
<br />as is equal to that proportion which the amount of the sums secured 1•y this I)re•1 of 1 rust mnnedi.stely prior to the date of
<br />,raking tzars to the fair market value of the Properly immediately prior to the date of taking, with the balance of the proceed.
<br />paid !10 Bsrower
<br />if Ili; o•rprny • .s•antbn ed by It,.tt..nrr, w 11, Alcs ootrtc by 1 rodri hi Rine +exit that ctrl , ..nJcnntni offer, iii mnkr
<br />am,.ward or seine .. Haute lit damage, Itorrowcr Loh 14. nspnrJ In I sndrr wdhnt 111 Jays alter the date such oolrtc t,
<br />mailed. lender is authorized k+ collect and apply the proceeds, at Lender's option. either to restoration or repair of the
<br />property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree to wriling any such application of proceeds to principal shall not extend
<br />or postpone the due date of the minnthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such iMtallmenls.
<br />It. Borrower Not Released. Extension of the time for payment or modification of Amortrzat.mr of, the sums sectored
<br />by this Deed of Trull granted' by t ender to any successor in interest of Borrower shall not operate to release, in any manner.
<br />the liability of the original Borrower and Borrower's successors in interest. 1 ender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest
<br />11, ►arbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />nherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy
<br />The procurement of insuranete or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indchtedness secured by this Deed of Trust
<br />12. Remedies Cumulative. All remedies provided in this feed of Trust are distinct and cumulative it) any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively
<br />13. Surcewri and Assigns Bound; Joint and Several [lability; Capiiorn. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure to, the respective suscessors and assigns of Lender and Borrower
<br />subject to the provisions of paragraph 17 hereof All covenants and agreements of Borrower shall he joint and several
<br />the captions and headings of the ,paragraphs of mu Deed of Trust arc for convenience only and are not to be used to
<br />interpret or Jefine the provisions hereof.
<br />td. Notice. Except for any notice required under applicable law to he given in another manner. (a) any notitc to
<br />Boreower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property. Address or al such other address as Borrower may designate by notice to I ender as provided herein, and
<br />Ih) any notice to Lender sball`be given by certified mail, return receipt requested, to Lender's address stated hereon or to
<br />such otbter Wddtess as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />IS. Uniform Deed of Trust; Governing, Law; Severeblky. This form of deed of (rust combines uniform covenants for
<br />national use and nonuniform 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
<br />In the event thalafay' provision or clause of this Deed of Trust or the Note conflicts with applicable law• such conflict shall
<br />not affect otherpprroyi>KR*,oLthit.Deed of Trust or the Note which can he given effect without the conflicting provision.
<br />and In this.etsd the provesises of the Deed of Trust and The Note are declared to be severable.
<br />if .00Y." IlOrrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the limit
<br />ol'eieetNto" at after recordation hereof.
<br />17. Transfer of Ike Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase money security interest for household appliances. (c) a transfer by .revise.
<br />descent or by operation of law upon the death of a joint tenant or td) the grant of any leasehold interest of three years or less
<br />not containing an option 10 purchase, Lender may, at Lender's option, declare all the sums secured by this Deed tit Trust to he
<br />immediately due and payable. Lender shell have waived such option to accelerate if, prior to the sale tar transfer. Lender
<br />and the` person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall iryuesi. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Decd of Trust and the Note.
<br />It Lender exercises such option to accelerate. !.ender shall mail Borrower notice of acceleration in accordance with
<br />paritraph 14 hereol. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph IS hereof.
<br />NaN•UNIfatIM ('OVeNANTs. Borrower and lender further covenant and agree as follows:
<br />It. Accele►alion; Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />ageriameM of Borrower its this Uced of Tram. Including the covenants to pay when due any sums secured by this Deed
<br />of Truel. t.etnder prior to secekeeilhan shall msd aalke la Borrower as provided In paragraph 14 hereof specifying: f I I the
<br />breach; 421 the action required 10 cure such breach; (3) n dale• not less than 30 days from the dale the nonce Is mailed to
<br />Borrower, by *Me% such breach must be cured; said (d) that fellure to cure such broach on or before the date specified
<br />In the ootke may resoh to acceleration of the wort: secured by this teed of Treat and sale of the Properly. The *Wks
<br />aMN tnrltetr inform Borrower of the righl to ►elo"e after acceleration and the right to bring a court Wctlon to areA
<br />on aoo taileace of a defwn or any olber defense of Borrower to accektillo t and onto. If the breach k not cared
<br />as or before Me date op"ed In the oolke, Lender at Lender's option may declare are of Ike sums secured by this Deed
<br />of Troll to be imale"itly due and payable withaw "bar demand and may Invoke the power o: sale and Wry other remedks
<br />perwlltd by opplkabk Bow. Leader t1saR be testified N collect all reasonable costs and espertses Incurred In pursldng the
<br />ettatdks prodded is thlt paragraph 10. tnclodloR. bus seelt Rallied lo. mmon&k ssfis my's fan.
<br />N Mt power of sale Is invoked. Tloste s " me" a nolkt of defe th in each county In which the Property at some
<br />part Mrereof is located and sMR mail eopNs of each aolke M Me wove preocrlbed by applicable law to Borrower and to the
<br />dhstr pervaae prescribed M opplkabk law, After the Mw of note lime Malay be rer4ulted by applicable low. Trualte skell
<br />■ere .,� oolka of oast to Aa persons read In Qt moment preseribed by applieable law. Trlrlee, without demand on
<br />Barrawac,"in* Ike Property at public election N the higtetst bidder of the three and place and trader Ike terns "weird
<br />M the aoske of sole M ass or iron pastels trod M sack order no Treat" may delerasbe. Truske may postpone sale of NI
<br />or say pored of else Property by p@W omwo cttlntal at the these aid pNet Of soy pretloaly sebedtrkd Oak. Leodet Of
<br />tmwws doslgarter any pwcfean Of Property N airy aid.
<br />soot.(1�osrreeMa�Is M of IIM TneMne't dw#kiMR lit rtstlso tdlall deliver la IM purchaser Trrstee's deed conveying the property
<br />TM prieve lock evMenet of Ike fruits of the sl ilealeals made therela. Truster
<br />sw opply let ppn►oscetde of Iht oak N the feftwhlg adore (a) It are reWSOnable come Will espensn of Our wk. Including, rot
<br />ail bw*W for TrwNe's IM of oil taros Ibaa % of the grans ale price. reWSOnabler Mloroey'l ten and costs of
<br />tier avlMacr (N M WB tialae seemed by Ihis geed of Truett rand (e) the tacos, It say. to else portion or positions $"toy •olRled
<br />Ibololo.
<br />L it. norowsr'e nits I M RtInNata. Notwithstanding lender's acceleration of the soma secured by this Deed of trust.
<br />Bwrewer than have the right to have any proctedinet begun by Lender to enforce this feed of 'Tint discontinued at
<br />any line prior to the earlier to occur of 461 the fifth day bCfwe the stile of the Property pursuant to the power of sale contained
<br />in chit Dead of Trim or (It) entry of a judgment enforcing this Deed of Trust if: sal Borrower pays Lendet all sums which would
<br />he then dust smdet shot Dead M 'trust. the Noss and notes securing Future Advances, of any, had no acceleration occurred.
<br />Its? Borrower tuns all breeches of any other covenMts or agreements of Borrower contained in this Deed of Trutt.
<br />(ct Boerawer pays all reasoaWpk asperities iMirrtd by Lender and Tnisite in enforcing the covenants and agreements of
<br />Borrawer contained in this (feed of 'trust and in enforcing tender's and Trustee's semtdtei as provided on paragraph 18
<br />hereof. tndudong, but not limited In, rratonable .Harney'+ feet. and (if) Borrower label uah action its 1 ender nuv reatonahh
<br />require to auore that the Into of this teed of loud. Lender's interest in the Pti pens and Bonowcr's obligation to PAY
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