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�f'-_. 101349
<br />Q ('ondmnnat", The pio.ecds of an a+ +ard or claim ;; r damages d -.r"t tar consequcn!ial. in c :,mreciion with any
<br />condemnation or other taking of the Property, or part thereot, or :,,r conveyance in lieu of condemnation, hereby
<br />are assigned
<br />and shall be paid to [.coder.
<br />In the event of a total taking 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
<br />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 h} this Deed of Trust such proportion of the proceeds
<br />as is equal to 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
<br />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 />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed. Lender is authorized to collect and apply the Lender's
<br />proceeds, at 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 in
<br />referred to paragraphs i and 2 hereof or chance the amount of
<br />such installments. -
<br />10. Borrower Not Released. 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 Borrower
<br />of shall not operate to release, in any manner,
<br />The liability of the original Borrower and Borrowers successors in imerest. 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 demand
<br />of any 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,
<br />or
<br />otherwise afforded by applicable law, 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 Lender
<br />shall not he a waiver of Lender's
<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 of Trust or afforded by law or equity, and may he exercised concurrentl
<br />successively. y, independently or
<br />13. Successors and Assigns Bound; 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 Lendcr and Borrower.
<br />subject to the provisions of 17 hereof. All
<br />paragraph covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust for
<br />are conNenience only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower
<br />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 to
<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 shalt be deemed to have been given to Borrower or Lender
<br />when given in the manner designated herein.
<br />I.S. Uniform Deed of Trust; Governing t.aw; Sevenbility. 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 applicahle 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 declared
<br />are to he severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed Trust
<br />of at the time
<br />of execution or after recordation hereof.
<br />17. Taansfer of the Property; Assumption. If all or any part of the Properly 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 encumhrance subordinate to
<br />this Deed of Trust, (b) the creation of a money interest
<br />purchase security for household appliances, 1c ) a transfer by devise.
<br />descent or by operation of law upon the death of a joint tenant or
<br />Lender may, ;it Lender's option, declare all the suits secured hr this Deed of Trust to he
<br />immediately due and payable. Lender shall have waived such option to acceierate if, prior to the sale or 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 on the by
<br />payable sums secured this Deed of 'rust shall he at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph i7, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in Hriung h+ I ender, 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 Borrr„vcr notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall a IL
<br />provide period of nut than ?rr ,lays lino the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Bornxvcr falls to pen su,:h Alms pryrr to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower. in,;r1 e ant remedies permitted by paragraph 13 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agrcC as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of anv covenant
<br />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, Lender prior to acceleration shall mail notice to Borrower as in
<br />provided paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the `date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of file sums secured by this Decd of Trust and sale of the Property. The notice
<br />shah further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />Ike non-existence of it default or any other defense of Borrower to
<br />acceleration and sale. If the breach is not cured
<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 />of Trust to be immediately due and payable without further demand and may invoke the power of sale and am other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasonahle costs and expenses incurred 'in pursuing the
<br />remedies provided in this paragraph 18. including, but not limited to, reasonable attoroev's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each c•ounq in which the Properh or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law kr Borrower and to the
<br />other persons prescribed by applicable law. After file lapse of such tittle be 'Trustee
<br />as unay required b} applicable taw, shall
<br />Rive public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder
<br />at the time and place and under the terms designated
<br />in the taillike of ask in one or more parcel and ill 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 previoush scheduled sale. Lender or
<br />Lender's designee may purchase the Property of any sale.
<br />UPwt receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The recitals in tie Trustee's deed shop be prima facie evidence of the truth of the statements
<br />made therein. Trustee
<br />shall apply the proceeds of the sak in the follo 7, 1 order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not Ifttaife f to. Trustee's fees 1/
<br />of not more than L Of 1 ` , of the gross sale price, reasonable attorney's fees and costs of
<br />fide evidence; (b) 10 all wins secured by this Deed of Trust; and (c) the
<br />IYtertris. excess, if any, to the person or persons legally entitled
<br />19. Borrower's Right to Reinstate. Notwithstanding LCndcr acce•Icration of the .urn se lied t", ituc Deed of Trull.
<br />Borrower shall have the right to have anv proceedings begun by Lender I, enfurcc tfiis Decd „I 1 usi d s. ;miinucd at
<br />t�rj
<br />any lime prior to the earlier to occur of W the fifth day hefore the sale if the Property pinsuant 1 the po H,,- n• ,alc cont.unea
<br />in this Deed of Trust orfni entry of a judgment cnforcmg this Deed 'I BWTOP'er
<br />t
<br />lit rust if tai 1 I ernl r ill
<br />he then due under this Decd or frost he Note and nt tes ecur.n f uiur, : *\,J, ur
<br />`' -6 nv nit n�-
<br />;tit
<br />,ltpf r,>w Cr Lures all bicii.fies ot n� . '1lr lt)yLl arEl ,1 -Inel I r I1 ,
<br />let Burr +,+r part • all to c - hi.. espenacs to rtn•.i t+ I Lid mil, 'I
<br />fill rroau ,.Jrrt l ed 1 n 'I D d r lot r,d i•, enl ,R l 1 j r .. in, I I .. u: r „i
<br />hrrec r, i , -! ,Iir hill n: .��) I, r�r.nna lc. :,!torn cat
<br />D"%'d
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