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$6 100371
<br />9. Conldemnaliun. The proceed, of any .os.od .•t Awl, r,,, datif.,gc" direct tie ansequcnlial, In connection with :un
<br />condemnation or other taking of the Properly, or part Ihereol, or for anweyance in lieu of condennialion, ;ire herchy assigned
<br />anti shall he paid to Lender.
<br />In The event of a total taking of the Property, file proceed, shall he applied w the sums -secured by this Decd of 'Trust.
<br />with the ,excess. if any, paid to Borrower. In the event of a p.mial taking of the Property, unless Borrower 'Ind I.cnder
<br />otherwise agree in writing, there shall be applied to the suns secured by this Decd of 1 rust such proportion of the proceeds
<br />rras is equal to that proportion which the amount Ill the sums secured by this Deed of Trust in,rncdiately prior to the date of
<br />I,! taking hears to the fair market value of the Property immediately prior to the date Ill taking, with the hahnicc of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle :r claim for damages, Borrower falls to resp(uu1 to Lender within .111 days after file J;ne such notice is
<br />mailed, Lender is mtthorired to 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 Tender and Borrower otherwise agree in writing. env such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly instillment% referred to In pr
<br />aagraphs I and 2 hereof or change the amount of
<br />such'installmcnts.
<br />10. Borrower Not Released. Extension tit the lints for payment nr nunlifiruion of amortization tit the sums secured
<br />by this Iked of Trust granted by Lender It, any successor in interest of Borrower shall not nperte to release, in :my m:mner.
<br />the liability of the original Borrower and Borrower's successors in inte,cst. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify anmr¢ation of the sum,
<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. Forbearance by Lender Not a Waiver. Any forbearance by Lender in cverckmg any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shall not be if waiver of or preclude the cverciw of any such right or remedy
<br />The procurement of insurance 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 indebtedness secured by this Dccd of Trust
<br />12. Remedies Cumulative. All remedies provided in this Deed of 'Trust are distinct and cumulative to 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, Successors and Assigns Bound; Joist and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure tit, the respective successors and a „inns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt he joint and several.
<br />The captions and headings of the paragraphs of tilt, Deed of Trust are for convenience only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under apphcahIe law to he given tit another manner, (al any notice to
<br />Borrower provided for in this Deed of Trust sh:ull he given by mailing such notice by certilied mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender • s provided herein, and
<br />(b) any notice to Lender shall he given by' certified mail, rcuun receipt requested. to Lcndcr's address stated herein or it,
<br />such other address as Lender may designate by notice w Borrower its pit vfded herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given w Bourawcr or l.cndei when given tit the manner designated herein.
<br />15. Uniform feed of Trust; Governing Law; Sef arability. "I his form of deed of trust combine, uniform covenants for
<br />national use and non - uniform covenants with limited variation, by {urisdiction u, cotsiiwte a uniform security instrument
<br />covering real properly. This Deed of Trust shall he governed h) the law of the turi,dictton in which the Property is located.
<br />In the event that any provision or clause of this Deed of l rust ar the Nuts .ontliets with applicable law• such conilici shall
<br />not affect other provisions of this Decd of ]'rust or the \otc which can he given effect wuhuut the conflicting prns'suun.
<br />and to this end the provisions tit the Decd of Trust and the Note are decfarcil u, he seveiahle
<br />16. Borrower's Copy. Borrower shall be tunushed a :onloinicJ copy of file Noic and ill this Decd of '1 rust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. It all o, airy part of the Propcil) or .tit inlclest there”, is sold or transferred
<br />by Borrower without Lender's prior written consent. escluclmg i a t the crew ion of a ben or encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase nwnct security Interest for household appliances, (L I a transfer by devise.
<br />descent or by operation of law upon the death of a jouri tenant nr
<br />1 ender ma,, .,t 1 under, upu„n. declare all file suns,ecuroJ h, this Deed of !'nut to tic
<br />immediately due and payable. Lender shall hale 's.u,cd itch option uI a,-celer;rre d. prior to file ,ale or transfer. I.cnder
<br />and the person to whom the Properly' is to he sold or ii.insfeiied ,each agreen,c•n1 In writing that the credit of such person
<br />is satisfactory to Lender and that the interest paiahlc on the ,11111, %:cured ilk this Deed of 'I rust shall he at such rate a s
<br />Lender shall request. If Tender has waived the option to awccicu,uc provided i11 thi, paragraph 17. and it Borrower's srucCC,xtir
<br />in interest has executed a wimen assung,tiun ag,centcnt .Itxeptcd ut w sting hs I cndct, I cnJcr shall tcicasc Borrower iron,
<br />all obligations under this Deed of Trust and the Notc
<br />If Lender exercises such option m accelerate. Lender sh,Jl nt.ul B,orn,,,er 110ticc aI ;I— Cierauon ut accordance wish
<br />paragraph 14 hereof. Such notice shall provide a pen od tit n,a Iris than n dais, from the dale the notice is mailed within
<br />which Borrower Ilia), pal, the sum, Jccl.ucd (file If It,u lan,u I ,,I,, hl p.I, .u, 11 suer. pn,n t., the , .pn.Itn,u .•I wrh prlto,l.
<br />Leader stay. without luf(her nolicc to demand on Ito110\%c1, nt,,,fc .tu, Ivntcuhrs pc,iowc,l b, p..iogiaph is hereof
<br />NON.UNII.ORxr COVENANU Burrower and Lendcu lurthci c„scn.uti and agree as foll,Iw,.
<br />is. Acceleration; Rensedles. E%crpt as provided in paragraph 17 hereof, spun Borrower's breach of any cusenunt or
<br />agreement of Burrower in this Deed of Trtsl. including the voteuants ru pay "ben due af) sums secured by this Deed
<br />of Trutt. tender prior to acceleration shall mail notice lm Borrower a, prutided in paragraph 14 hereof specifying: (1) the
<br />breach; 121 the action required to cure such breach; (3) :1 dale, out less Man 30 days from Ilse dale life notice is mailed to
<br />Borrower, by which such breach must be cured; wall 44) Ilia( failure 140 sore such breach on or before life dale specified
<br />in the unlike may reboil in acceleration of Ibe suns secured by Ibis Deed of cruel and sale of the Pnrpert). The notice
<br />shag further inform Borrower of the right to reinstate after acceleration fail Ihi right to bring a cuurl action to assert
<br />Ire coal- eaiWence of a default or any other defrusr of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the dale specified in The notice, Lender at Lender's option may declare all of Use sums secured by this Deed
<br />of Trllrl to be immediately due and payable without furlher demand and Oita) ill okr the power of sale wart any other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />rerredks provided it thin pwragruph Ig, including. but nil limited hr, reasonable attorney's tees.
<br />It file suer of sale is invoked, 'truster shall record a suffer of default in each county in which the Property or bone
<br />part thereof WcnNrd end shall mail rNrpies of such notice in Ibe nlanmer prescribed by applicable la" to Borrower and In the
<br />When persuws prescribed by applicable law. After the lapse of such hmc rs tea) he required b) applicable law. Trustee shall
<br />Rive pwMic nWice ref isle to the persons and in the manner prescribed by applicable law. "truster. without demand on
<br />Borrower, bhsN srH the Property a1 pohlic aucriuu w the highe,l bidder of the rinse and place and under Ilse terms designated
<br />it the wWice of seek is owe or more panck and iu such order :IS I'rudre olw) determine. muster may postpone sale of all
<br />ter fry parcel of the PruprAy by public announcement a1 Use time and place of sit) previously scheduled sale. Lender or
<br />I.erder'r derlRttra may purchase the Property at any sale.
<br />Upow rereipl of paywnewl of the prier bid,'1'nrstre shall otrlivrr to the porehsxr "1'rrslrc's deed conveyhrg the Properly
<br />rntld. the reckals in the TrrNee's deed shall be prima fack esideoc•c of the truth of Ilse statements lisle therein. Trustee
<br />dmil apply Ilse pprroceeik of the link it file fuBowip� order: (a) to all reasonable costs and expenses of the sale, including, but
<br />snort Ilnrited b. Trllrtre'r Peer oaf nil inure Ihrn 1/ L O f 1 ", of (he gross sale prier, reasonable attorney's fco•s and costs of
<br />Iffle evidewce; (b) to all suers secured by this Deed of ']'rest; and Ic) the exe•ess, if any, ho the persons or persons legally entitled
<br />harts.
<br />19. Borrower's Right to Reinstale, Notwithstanding lender's ,uceleralion 111 the sum, ,ecored by Ihs Devil of 11tw.
<br />Borrower shall have the right u, have any proceeding, begun by I ender b, cnlol,c till, Decd of l rut (hscnnhnued at
<br />any time prior to the earlier to occur of IU the fifth day heloic the sale of the Property pursuant to the power of sale contained
<br />in this feedof'rrusl or (iii entry of a tudgmcnl cnforeing Ihi, Deed ill I ruse if t.0 Bon owes pals Lcndcr .III nuns which world
<br />he Ihrn due under [his Ikon of ]trust. the Note and nor(, wl.wliig Lonn •xds.ul r, .I .rut, h -1 11,o a..rlrr.wun octnln•d.
<br />(h) Borrower cures all breathe+ of ally other co+cuanl, tit ,gic1,n,cif, if Itunuo „i .,nua11lcd m tilt, Ikcd uI Iru,l.
<br />lei Borrower pays all reasonable c,pcose, uuuttell hit I cnd,f and Iid,tc, ut 1,111 „brig the „nrn.Inls .u,d .,irirrnieM, Of
<br />Ilofrower cn11lauted in tilts heed tit mist snot If col „t.uy; I rn.lrt •. ,mI I t ,.I., ., , , m I,.11al;t.,I'll 15
<br />hereof. inOoding. hill n, i houwd to n:dumahlc allorne,'. 1rr, -ill t,it It,nln„e t t, r.... ,,L I— I , niter std,
<br />requcrc 111 ❑+sure Ihar the hen it 11111 Dccd 111 1 nl,t I CMILI . rtnc 11.11 in till Ih.,hctt, ,„I If,,,,,,,,,, , ,,hh .ufiat 10 I4I,
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