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86-- IL Coodemmdlom, The proceeds of any "award or claim for damages. direct or consequential, in cdifTteCtwe 4 ny
<br />condemnation of other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />7o the event of a total taking of tl)e'Property, the proceeds shall be 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 agm in 'writing, there shall be applied to the sums secured by 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 prior to the date of taking, with the balance of the proceeds
<br />If rho 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 Leader 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 />oxp�ostpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />stt�mWlments.
<br />14L, 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 of Borrower shall nM operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be 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. Forbesmue by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, 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 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. 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 be exercised concurrently, independently or
<br />successivel1yy.
<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 Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint 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 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 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />1S. Uaifecm Deed of Trust; Gorernirng Law; Sevenbility. "fins 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 h} (fie 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 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 be severable.
<br />16. ■orrowees 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 an interest therein 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 security 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 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 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 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 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 30 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 prior 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 />Nor(- Urueoam 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 />agreenmat of Borrower in this Deed of Trasl, including the covenants to pay when due any sums secured by this Deed
<br />of Trmp, Leader prior to acceleration shall wall notice to Borrower as provided in 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 mat be cured; and (4) Choi failure to cure such breach on or before the date specified
<br />Ins the malice may result in acceleration of The sums secured by this Deed of Trust and sale of the Properly. The notice
<br />,Mar fvnbw inform Borrower of the right to minstale after acceleration and the right to bring a court action to assert
<br />the wow- exWesece 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, Lender at Lender's option may declare all of the sums secured by this Deed
<br />of Tried to be immediately due and payable without further demand and may Invoke the power of sale and any other remedies
<br />permitted by applicable low. Leader shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />H the power of sale is invoked, Trustee shat record a notice of default in each county in which The Property or some
<br />pmt /Mereef is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />Wear persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give,pmblle metim of sale to The persons Mad in the manner prescribed by applicable law. Trustee, without demand on
<br />worrewer, shall sir the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the sn, tl of sale In owe eu rondo ppoorrted, and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or my posed of the Ptneperty by pmbile aMsevocement at The time and place of any previously scheduled sale. Lender or
<br />Lewitt', isalimaa may pwebM a the Property at any sak.
<br />U�tn aceipt lo or eF tMe M'� bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Properly
<br />soli. 1 ncYals hs tMe TrwGeds tkef shag be primp facie evidence of the truth of the statements mile therein. Trustee'
<br />itBoar aRly dar ppereocceeds of the snk i. the fd>lfowiTng o� (a) to ar reasonable costs and expenses of the sak, including, but
<br />a" minded Ise, Trustee's Gees of not worn tlw I Z O J. % of the grow sale price, reasonable attorney's fees sad costs of
<br />Nma ovidrw v,, (b) to all smam sectored by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />dw"li .
<br />19. merrenver's RIgMt to Reladale. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Tntst discontinued at
<br />any tiros prior to the earlier to occur of 6) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this teal of Trust or (ii) entry of a judgment enforcing this Deed of Trost 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 any, had no acceleration occurred:
<br />(b) Borrower cues all breaches of any other covenants or agrccments of Borrower contained in this Deed of l rust.
<br />(e) Borrower pays All reasonable expenses incurred by lender and Tnutee in enforcing the covenants anti agreements of
<br />Borrower contained in this Deed of Trust and to `orcing Lender's and Trustee's rcrnedres a, pruvnled in paragraph 13
<br />hereof• including. but not limbed to reasonable am—ley's fees: And (dt Borrower takes such ao—n as Lender mall reasonably
<br />rvquirc lei assure that the lien at this Dccd of `frtmd, lender's interest to the Prfnperty and Bcvmwer's obhgatron ray Val
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