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<br />f'ondenination. 'Yh� prt ce-Is of any award or claim for damages. direct or consequentiah in comtectiun with any
<br />for set lieu of condemnation, are hereby assigned
<br />usher tafan{ of live 2roperty, or part thercot, or conveyance
<br />mid to Lender r
<br />in tF client of a total taking of the Property, the proceeds shall he applied to the sums secured by this Deed of Trust,
<br />•a taking of the Property, unless Harrower and Lender
<br />h, cuss, if any, paid to Borrower. in the event of partial
<br />,.: ;erwise grec in writing, there shall be applied to the sums secured by this Decd of Trust such proportion of the proceeds
<br />by this Deed of Trust immediately prior to the date of
<br />.is : c :.nial to tl:al proportion which :he amount of the sums secured
<br />utking hears to the fair market value of the Property immediately prior to the date of taking, with the balance 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 />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />I
<br />an award or settle a
<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 />in 1 and 2 hereof or change the amount of
<br />or postpone the due date of the monthly installments referred to paragraphs
<br />such installments.
<br />19. Borrower Not Relleased. Extension of the time for payment or modification of amortization 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 />interest. lender shall not be required to commence
<br />the liability of the original Borrower and Borrowers successors in
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />in interest.
<br />proceedings
<br />secured by this Deed of Trust by reason of any demand made by the origiriat Borrower and Borrower's successors
<br />right or remedy hereunder, or
<br />1I. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any
<br />be of or the exercise of any such right or remedy.
<br />otherwise afforded by applicable law, shall not a waiver preclude
<br />insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />The procurement of
<br />right to accelerate the maturity of the indebtedness secured by this Deed 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 o6Trust 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 />and assigns of Lender and Borrower.
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors
<br />to the of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />subject provisions
<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 ;: a provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Deed Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />Borrower provided for in this of
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />to Lender's address stated herein or to
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested,
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Lender when in the manner designated herein
<br />Deed of Trust shall be deemed to have been given to Borrower or given
<br />15. Uniform Deed 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 />be by the law of the jurisdiction in which the Property is located
<br />covering real property. This Deed of Trust shall governed
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, 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 any part of the Property or in interest therein is sold or transferred
<br />y
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise.
<br />this 7.
<br />descent or by operation of law upon the death of a joint tenant or
<br />y, :u Lender's opt declare all the sums secured by this Dced of Trust to be
<br />Lender ma p
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />the Property is to be sold or transferred reach agreement in wrtung that the credit of such person
<br />:
<br />r
<br />and the person to whom
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shalt he at such rate as
<br />has the option to accelerate provided in this paragreph 17, and if Borrower's successor
<br />Lender shall request. If Lender waived
<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 />less 30 days front the date the notice is mailed within
<br />paragraph 14 hereof. Such notice shall provide a period of not than
<br />Borrower may the sums declared due. If Borrower fails to pay such sums pj� r to the expiration of such period.
<br />which Pay
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />to when due any sums secured by this Deed
<br />agreement of Borrower in this Deed of Trust, including the covenants pay
<br />Trust, Lender to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />of prior
<br />breach; (2) the action required to cure such breach; (3) a dale, not less than 30 days Front the date the notice is mailed to
<br />that Failure to cure such breach on or before the date specified
<br />Borrower, by which such breach must be cured; and (4)
<br />in acceleration of the sums secured by this Deed of Trust and sale of the Propert,. The notice
<br />in the notice may result
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />defense of Borrower to acceleration and sale. If the breach is not cured
<br />the non - existence of a default or any, other
<br />on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />further demand and may invoke the power of sale and any other remedies
<br />of Trust to be immediately due and payable without
<br />by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />permitted
<br />remedies provided in this parstimph 18, including, but not limited to, reasonable attorney's fees.
<br />is invoked, Trustee shall record a notice of default in each county in which the Property or sonic
<br />If the power of sale
<br />part thereof is located and shall maid copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />After the lapse of such time as may be required by applicable law, Trustee shall
<br />other persons prescribed by applicable law.
<br />Rive public Notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />to the highest bidder at the time and place and tinder the terms designated
<br />Borrower, shall sell the Property at public auction
<br />in the entice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />at the time and place of any previously scheduled sale. Lender or
<br />or any parcel of the Property by public announcement
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of psymeNt of the price bid, Trustee shall deliver to the purchaser Trustee's decd conveying the Property
<br />Trustee
<br />sold. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Shall apply lbe proceeds of the ssk is the foN ipp�C order: ((s) to all reasonable costs and expenses of the sale, including, but
<br />�/ L Of 1 9 of the sale price, reasonable attorney's fees and costs of
<br />not limited to, Truslee's fees of not more than gross
<br />title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, IF any, to the person or persons legally entitled
<br />thereto.
<br />19. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />sit
<br />L Borrower shalt
<br />any time prior to the earlier to occur of (i) the fifth clay before the sale of the Property pursuant to the power of sale contained
<br />(ii) of a judgment enforcing this Decd of Trust if: (a) Borrower pays Lender all sums which would
<br />in this Deed of Trust or entry
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances. if any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreement', of Borrower contained in this Decd of lrusC
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<br />(c) Borrower pays all rcaconuhle erlxnscs incurred by Lender and 'Ir-Mice in enforcing the coo nunls and agreements of
<br />in Deed of Trust and in enforcing Lender's and Tntstec's remnhes as ptorided m p :oagr;y�h Ix
<br />Borrower contained this
<br />h,, ,+f including. but not limited to. rcusonahle attorney's fees: and (d) Borrower takes wch action as lender mat re:nonnblN
<br />n,
<br />b., that the hen of thin Decd of Trust. Lender's interest in the I'n,pertt and ilorno cr', ed.lignu.m 1,11
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