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ss_ 101588
<br />q. i a.r4e mnflina, the r,,: t'.•. 1, .,1 a. 1 .,..arat w tla!m t,.• tl gnat ;l'i d,rc.t — ..,,,,r.I.,,• ital n -.cm lion wit h anus
<br />c.uldemnalm. or other Iak'nit of the Prnp_fty, or part 1hereof, or for a m»cyance m I,nt of i ondemnatlon, are hereby asstgned
<br />all.) shall he paid to I ender
<br />In the event of a total taking of the Property. the proceed, shah he •pphcd h• the munn vetoed b% this Heed .4 1 rues
<br />with the excess, it any, paid to Borrower in the event of a parli,11 taking ..f the 11roprlly, units,, Borrower and 1 ender
<br />Otherwise agree In writing, there shall hr apphcd to the sums secured by this Iteed tit 1 not moth proportion of the prnceeds
<br />w .n es equal 10 that proportion which the amount of the sums secured by this heel td t rusl tn,mrdutely prior In the dale of
<br />tahlwg bears to the fair market value of the Property immediately prior io the d ;ter of taking. with the balance of the proceeds
<br />paid to Bnrmwet
<br />if th, n•rpent, ' :,I•an,h.rn•d hs' Ilo, n••,rr, art 11, Alcr n„the by 1 , tr lei i IL,rn„ma 11 "1 the , ou,lenun•t 'Mcf, lu mnkc
<br />an .twat,l ,n wolic ., 0.1"11 lit, duoaftc, 11"llowe, Loh In rempamd In I ender w .thm III d.,c,, afire the date such noltue n
<br />mailed. Lender is aulhorszed h, 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 Eked of Trust.
<br />Unless Lender and Borrower otherwise agree in writing any such application of proceeds to principal shall not estenJ
<br />or postpone the dire date of the monthly installments referred to in paragraphs i and 2 hereof of change the amount of
<br />such installments.
<br />1!. film. wet Not Released. E.slenmion of the time for payment or modification of Amorh7ation of the sums secured
<br />by this Deed of Trust granted by f ender to any successor in interest of Borrower shall not operate to release, to arty manner,
<br />the liability of the Original Borrower and Borrower's successors in interest. I ender shall not tat required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the •ums
<br />secured by ;his Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors to interest
<br />1I. Forbearance by 1.tndfr Not st Waiver. Any forbearance by Lender in cxercis ng any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shall not h a waiver of or preclude The exercise of any such right or remedy
<br />The procurement of insurance of The payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right 10 accelerate the maturity of the indebtedness secured by this feed of Trust
<br />12. Remtdks CrmuWive. All remedies provided in this flied of Trust are distrnat and cumulative to any other right
<br />or remedy udder this Deed of Trust or afforded by taw or equity, and may br exercised concurrently, independently or
<br />successively
<br />13. Soccessam and Assigns Bound; Joint and Several Liabll0y; Capllons. The covenants and agreements bat,n
<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 joint and uveral
<br />The captions and headings of the paragraphs of Ims Deed of Trust are for convenience only and arc not to be used io
<br />interpret or Jefine the provisions hereof
<br />14. Notice. Eat: P, r any notice required under applicable law to be given in another manner. (a) any non,c to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed in Borrower at
<br />the Properly Address or at such other address as Borrower may designate by notice to Lender as provided herein. and
<br />(b) any notice to Leader shall be given by certified mail, return receipt requested, to Lender's address stated herein w 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />15. UmMorm Deed of Trust: Governing Law; SeverabiNy. This form of deed of trust combines uniform covenant% fo,
<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 he governed by the law of the jurisdiction in which the property is Incased
<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 />nor affect usher provisions of this Deed of Trust or the Note which can be given effect without the conflicting pfovnion,
<br />and to Ibis end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. /sreawnY Copy. Borrower shall be furnished a conformed copy of the Note and of this Decd of Trust at the time
<br />of execution nr after recordation hereof
<br />17. Trendier of tyre Property; AmempNon. It all or any part of the Property or an interest therein is sold or transferreu
<br />Ivy 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 n( a purchase money security interest for household appliances. f c) a itanstet h) devise
<br />descent or by operation of law upon the death of a mint tenant or (d) the grant of any leasehold interest of three )cars or ioiss
<br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to he
<br />immediately due and payable. Lender shall have waived such option to accelerate if, proof In the sale or transfer. I ender
<br />and the person to whom the Property is to be sold or transferred teach 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 he at such rate a%
<br />Lender shag rryltest. 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 oMitabnns under this Decd of Trust and the Note.
<br />It Lender exercises such option to accelerate. I ender shall mail Borrower notice of acceleration In accordance with
<br />parspraph 14 hereof. Such notice shall provide a period of not less than 10 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender nay. without further notice or demand on Borrower, invoke any remedies permitted by paragraph iR hereof.
<br />NOIa.hj Ntrootm Co` emANTs Borrower and Lender further covenant and agree as follnws:
<br />It. Acceleration; Remedies. Except a provNed In per igropk 17 hereof, upon Ibrrowers breach of any covenant or
<br />agreement of Borrower in Ibis Deed of TrwsL including the eavenemb to pay when time any sums secured by this Deed
<br />of True. Lendtf prior to acceleration shall rnaB notice N Borrower a Provided In paragraph 14 hereof specUylrrg: (1) the
<br />brtscht (21 the action regaked Is tort such breach; (J) a date, no less than 30 days from the doe the "lice is mailed N
<br />Borrower, by which such breach most be cured; end (4) thmil fdlure to care sock breach as or before the doe sprcllled
<br />in the eaNce may read) in acceleration of Ike wins secured by this Deed of True and ask of the Property. The nuke
<br />uMN husker inform {srrswrr of the Agee Is reIneatt after acceleration and the right to bring a cowl action to avert
<br />the awwtatWewce of a dd"N at any other defeme of Harrower to arceherallorl and sale. If the breach Is not cared
<br />am or before floe dolt s rorkied in the woke, [.carder of Lemiteit option may declare AN of the sums secured by this Deed
<br />of Trove to be imnwdio wy data and payable wNhasht fu floor demand and may Invokt the power o' sale and any other remedies
<br />peomllsed by applkabk haw. Deader shelf be eMMtd to collect all ressowo►le costs and expenses Incurred in Pursuing the
<br />remedbs prosided in Mb pstagfgh IS. 4 rc 1i off, but apt N"ed la. rtmewm " amemy's fees.
<br />It dint dower of rude M love". Trm a" shall record a woke of ddatHt in each comely In which the Properly or same
<br />part there" k bleared mind *%M rumb cgka of smack walk in The mawser rrsserlbed by anfleable hw to Marrewer and to the
<br />other perrws prescribe/ by upplfcabk few. After the Igse of amok time as may be required by appuemibhe low, Trustee shelf
<br />give , -a6ik wodrt of ads so the promises M In the instance prescribed by sppNcable law. Trustee, without demand on
<br />Dstrower. 11hall will ifie Properly o poW section to the highest bidder of (be time and place and murder the term" deslgwoed
<br />In Nee woke of ask In awe of mstrt parteis mind In wrk order a Trustee may defernhMe. Trustee may posipowr ask of all
<br />of soy recd of the Property bf pn1Mc soneemmoom at the time sad place d sty pneviesmly scheduled ask. D.ewder sr
<br />tasolres dewe"t easy pmrcbmt Mee Pr"aIf at mq age.
<br />(tae receipt of payowsaa of NIa pike Mal. Trrsee A M drtiver Ito Ike purcha we Tromet's deed conveyiwg the Pr rt
<br />Bald fba rteksk lw the Tmmo"'s deed shag be prime twit evidence of the fruits of the sloemeos image thertM. Tr�eees,
<br />Am apply oat pprrsoeeleds A the Oak in Mme Following old" is) 1st all mmonsbk come mied eapelor m of the ink, Including. bet
<br />eat MmNW 1% Trnsire's foam of net ewes them 'Ile of the grow oak price, rtwomabk milerney's fees stag cs"b of
<br />Mob erhgaecr; Cbl M i owes reeved by thb Dead of Trot: said (t) the ratio, M stay. to the permits w pumas" legality ewlMktl
<br />L oho..
<br />I'll. Breves a MMM N Uti"mft. Notwithstanding Lender's acceleration of the %arms secured by this Deed of True
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this feed of frost discontinued at
<br />any fire" prior to the a tbat to occur of 11) the fifth day before the sale of the Properly pursuant to the power of sale contained
<br />in }lots feed of Tru»t of Get entry of a jtldgintnt enforcing this Deed or Trust it (s) Borrower pays Lender all sums which would
<br />be Ike due under this Decd Of Title, the Note and notes aecunng Future Advances, it any, had no acceleration occulted:
<br />(b) Borrower cures ail bre►chss of any other coveeams or agreements or Borrower contained in This teed of Trust.
<br />Ic) Borrower pays all reasonaabk1e espenaet Atoned ed by Lender and Tri Stec in enforcing the covenants and agreements or
<br />Borrower contained in this deed of Ttusl and in enforcing Lender's and Trustee's remtdrri n rrnvided to patagraph Is
<br />hereof_ iMlnilmlL but not limited In, ftasooablt ollofney's feet. and (d) Borrower lake+ arch a, two as f endei may teawnstaiy
<br />resonate to assurt that the lien of this Deed tot lrusl, Lender's micteal m the Pr,yKny and Ronnwer's obhgslrnu to pay
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