a
<br />86. 143177
<br />iy award or claim for damages, direct or consequential, in connection with any
<br />V. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />rperty, the proceeds shall be applied to the suns secured by this Deed of Trust,
<br />fn the event of a partial faking of the Property, unless Borrower and Lender
<br />died to the sums secured by this Deed of Trust such proportion of the proceeds
<br />unt of the sums secured by this Deed of Trust immediately prior to the date of
<br />'roperty immediately prior to the date of taking, with the balance of the proceeds
<br />,er, or if, after notice by Lender to Borrower that the condemnor offers to'make
<br />-rower fails to respond to Lender within 30 days after the date such notice is
<br />apply the proceeds, at Lender's option, either to restoration or repair of the
<br />:d of Trust.
<br />agree in writing, any such application of proceeds to principal shall not extend
<br />statlments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />i of the time for payment or modification of amortization of the sums secured
<br />.ny successor in interest of Borrower shall not operate to release, in any manner,
<br />lorrower's successors in interest. Lender shall not he required to commence
<br />". to extend time for payment or otherwise modify amortization of the sums
<br />ny demand made by the original Borrower and Borrower's successors in interest.
<br />rer. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />not be a waiver of or preclude the exercise of any such right or remedy.
<br />it of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />edness secured by this Deed of Trust.
<br />.s provided in this Deed of Trust are distinct and cumulative to any other right
<br />irded by law or equity, and may be exercised concurrently, independently or
<br />pint and Several Liability; Captions. The covenants and agreements herein
<br />:r shall inure to, the respective successors and assigns of Lender and Borrower.
<br />ereof. All covenants and agreements of Borrower shall be joint and several.
<br />is of this Deed of Trust are for convenience only and are not to be used to
<br />luired under applicable law to be given in another manner, (a) any notice to
<br />shall be given by mailing such notice by certified mail addressed to Borrower at
<br />ess as Borrower may designate by notice to Lender as provided herein, and
<br />:ertified mail, return receipt requested, to Lender's address stated herein or to
<br />by notice to Borrower as provided herein. Any notice provided for in this
<br />n given to Borrower or Lender when given in the manner designated herein.
<br />t Law; Severability. This form of deed of trust combines uniform covenants for
<br />h limited variations by jurisdiction to constitute a uniform security instrument
<br />hall he governed by the law of the jurisdiction in which the Property is located.
<br />his Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />crust or the Note which can be given effect without the conflicting provision.
<br />f Trust and the Note are declared to be severable.
<br />tc furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />on. If all or any part of the Property or an interest therein is sold or transferred
<br />consent, excluding (tr) the creation of a lien or encumbrance subordinate to
<br />:base money security interest for household appliances, (c) a transfer by devise.
<br />t of a joint tenant or
<br />Wray, at Lenders option, declare all the sums secured by this Deed of Trust to be
<br />have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />e sold or transferred reach agreement in writing that the credit of such person
<br />,t payable on the sums secured by this Deed of Trust shall be at such rate as
<br />re option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />agreement accepted in writing by Lender, Lender shall release Borrower from
<br />the Note.
<br />:lerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />ide a period of not less than 30 days from the date the notice is mailed within
<br />due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />id on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />and Lender further covenant and agree as follows:
<br />provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />ist, including the covenants to pay when due any sums secured by this Deed
<br />naB notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (3) a dale, not less than 30 days from the date the notice is mailed to
<br />ured; and (4) that failure to cure such breach on or before the date specified
<br />the sums secured by this Deed of Trust and sale of the Property. The notice
<br />to reinslale after acceleration and the right to bring a court action to assert
<br />r defense of Borrower to acceleration and sale. If the breach is not cured
<br />, Lender at Lender's option may declare all of the sums secured by this Deed
<br />rithoul further demand and may invoke the power of sale and any other remedies
<br />e entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />luding, but nol limited lo, reasonable attorney's fees.
<br />shall record a notice of default in each county in which the Properly or some
<br />I such notice in the manner prescribed by applicable law to Borrower and to the
<br />Vier the lapse of such lime as may be required by applicable law, Trustee shall
<br />W in the manner prescribed by applicable law. Trustee, without demand on
<br />ction to the highest bidder at the lime and place and under the terms designated
<br />and in such order as Tntslee may determine. Trustee may postpone sale of all
<br />ouncemenl at the time and place of any previously scheduled sale. lender or
<br />at any sak.
<br />id, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />I be prima facie evidence of the truth of the slalemenls made therein. Trustee'
<br />In order: (a) to all reasonable costs and expenses of the sate, including, but
<br />s V1 Of 1 % of the gross safe price, reasonable attorney's fees and costs of
<br />Deed of Trust; and (c) the excess, If any, to the person or persons legally entitled
<br />twithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />e fifth day before the sale of the Property pursuant to the power of sale contained
<br />it enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would
<br />ote and notes securing Future Advances, if any, had no acceleration occurred:
<br />her covenants or agreements of Borrower contained in this Deed of Trust;
<br />ncurred by Lendcr and Trustee in enforcing the covenants and agrecmcnts of
<br />in enforcing Lender's and Trustee's remedies as provided in paragraph IR
<br />ncreor, mcnrmng, our cur mmrcu to. rcasuna attorney's fees; and (dl Borrower takes such action as Lendcr Wray reasonably
<br />require to assure that the lien of this Deed of Truo. Lcodet's intcrest in the Property and Borrower'% ohhg,rtion to p;p
<br />M
<br />
|