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86--- 100633
<br />! Condemnation. T'tx pro.:ce.:, ,i a rts :,:d n* hair: f,ir damages. direct or, consequentlal, In connection with an,
<br />condemnation or other taking of the Properly, or part thereof, or for conveyance in lieu of condemnation, are herchy assigned
<br />and shall be paid to Lender.
<br />In the event of a total iaking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Dent of Trust such proportion of the proceeds
<br />:is is equal IO that Proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />pad 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 a claim for damages. Borrower faits to respond to Lender within 30 days after the date such notice is
<br />mailed. Lender is authorized 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 Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such instalirnents.
<br />Is, Bonowev Not Release& Extension of the time for payment or modification of amonization of the sums secured
<br />by this Deed of Trust granted by Lender 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. Lender shall not he 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. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder- or
<br />otherwise afforded by applicable jaw, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens or charges by i_ender shall not be a waiver of Lender's
<br />right to accelerate the maturity- of the indebtedness secured by this Deed of Trust
<br />12. Rewedies 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 he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall hind, 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 he ioint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to he given to another manner, ia) any notice t.
<br />Borrower 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 at such other address as Borrower may designate by, notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or in
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />15. Uniform feed of Trust; Governing Law-, Severability. This 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 he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable iaw, such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to he severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. if all or an)' part of the Propem or an interest thereon 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, (b) the creation of a purchase money secuntt interest for household appliances, (c) a transfer by devise.
<br />descent or by operation of law upon the death of a joint tenant or
<br />Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom jhe Property is to to sold or transferred reach agreement to 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 request. If Lender has waived the option to accelerate provided to 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 Deed of Trust and the Note.
<br />If 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 3L` 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 prjpr to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
<br />Noce - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Leader prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breack; (2) the action required to cure such breach; (3) a dale, not less Than 30 days from the bate the notice is mailed to
<br />Borrower, by which such breach min be cured; and (4) that failure to cure such breach on or before the date specified
<br />is the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />AM ftu/hm inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the smo- ettirtence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />an or before the date specified in the notice, Leader at Lenders option may declare all of the sums secured by this Deed
<br />of Trip to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law- Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />rerwdits provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />N The power of safe is invoked, Trustee shah rerrrrd a notice of default in each county in which the Property or some
<br />part thereof is located and shatl mail copies of such Notice in the manner prescribed b,i applicable law to Borrower and to the
<br />other persons prescribed by applicable law, After the lapse of such time as ma) be required by applicable law, Trustee shall
<br />give public unlit: of sae to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall will the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />is the notice of sale in one of more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's designee may purchase the Properly many sale.
<br />Upon I I , I of payment of the price bid. Trustee sh deliver to the purchaser Trustee's deed conveying the Propert
<br />at) y
<br />soy, The mcilisk in lbe Trustee's deed shad be prima facie evidence of the truth of the statements made therein. Trustee
<br />sbwB apply The proceeds of the sale is the foBo�rpj order: (a) to all reasonable coals and expenses of the sak, including, but
<br />not Baptist to. Trustee's fees o[ hot more than
<br />l" L Of I% of the gross sate price. reasonable atlorney's fees and costs of
<br />title eviisw, (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />tberalo
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Tnut discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (it) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust. the Note and notes securing Future Advances. if inv. had no acceleration occUrred:
<br />(b) Borrower cures all breaches of any other covenamv or agreements of Horr<—cr contaured in this Deed of Trust:
<br />fc) Borrower pays all reaxrnable expenses incurred by Lender and Irtmee in cnforc:ne the covenants and .,rrcemcnu :`f
<br />Borrower contained its this [led of Trust and in nft icing 1 udcr's and lrustc s remedies pro%i ed in paragraph 'S
<br />hereof. inciudu.e t+ut not 'rrttucd < yeas tat lc .cite r..s fee a ,d :if He rn per 1;4.C, Ch nder n` n ;•
<br />requuc to asx,rc t?iat ttit: °rcr ,f this Dc_a _i tru•.1. ten,lc. merest on- i'rrprnt e d Rr�, .: .hlic..n�.i
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