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8s- lo396
<br />section. The proceeds of any award or claim for damages. direct or consequential, in connection with any
<br />other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />to Lender.
<br />of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />f any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />i writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />c fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />rty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to'make
<br />e a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />e sums secured by this Deed of Trust.
<br />er and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />We date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />er Not Released. Extension of the time for payment or modification of amonization of the sums secured
<br />'rust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />re original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />tst such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />eed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />ranee by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />A by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy
<br />of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />the maturity of the indebtedness secured by this Deed of Trust.
<br />its Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />ors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />ind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />ovisions of paragraph 17 hereof. All covenants and agreements of Borrower shall he joint and several.
<br />I headings of the paragraphs of this Deed of Trust are for convenience only and are not to he used to
<br />e the provisions hereof.
<br />Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />:d for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />dress or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />ss as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />tall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />in Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />pony. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property' is located.
<br />any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />PProvisions of this Deed of Trust or the Note which can he given effect without the conflicting provision.
<br />he provisions of the Deed of Trust and the Note are declared to be severable.
<br />let's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />tfter recordation hereof.
<br />er of the Property; Assumption. if all or any part of the Property or an interest therein is sold or transferred
<br />hoot Lender's prior written consent, excluding la) the creation of a lien or encumbrance subordinate to
<br />st, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />oration 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 />and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />o whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />Lender and that the interest payable on the sums secured by this Deed of 'I rust shall be at such rate as
<br />nest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />tecuted a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />rider this Deed of Trust and the Note.
<br />!xercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />reof. Such notice shall provide a period of not less than 10 days from the date the notice is mailed within
<br />may pay the sums declared due. If Borrower fails 10 pay such sums prior to the expiration of such period.
<br />hout further notice or demand on Borrower, invoke any remedies permitted by paragraph l8 hereof.
<br />)itm COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />ration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />orrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />r prior to acceleration shall nail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />sctfon required to cure such breach; (3) a dale, not less than 30 day's front the date the notice is mailed to
<br />hich such breach mast be cured; and (4) that failure to cure such breach on or before the dale specified
<br />ay result in acceleration of the sums secured by this Deed of Trust and sale of the Properly. The notice
<br />Form Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />ce of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />e date specified in the notice, fender at Lender's option may declare all of the sums secured by this Deed
<br />amediately due and payable without further demand and may invoke the power of srle arid any other remedies
<br />!plicable law. Lender shall be entitled to collect all reasonable costs arid expenses incurred in pursuing the
<br />led In this paragraph 18, including, but not limited tit, reasonable attorney's fees.
<br />er of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />orated and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />rescribed by applicable law. After the lapse of such time as may he required by applicable law, Trustee shall
<br />ice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />sell the Property at public auction to the highest bidder at the time and place and raider the terms designated
<br />yak In one or more parcels and in such order as Trustee may defennint. Trustee may postpone sale of all
<br />f the Property by public announcement at the time and place of any previously scheduled sale, Lender or
<br />ee may purchase the Property at any sale-
<br />ipl of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />Win in the Trustee's deed shaft be prima facie evidence of the truth of file statements made therein. Trustee
<br />��rrooccetds of the sale in the fonow order: (a) to all reasonable casts and expenses of the sale, including, but
<br />Trustee's fees of not more than 1/ L of 1 % of the gross sale price, reasonable attorney's fees and costs of
<br />b) to all sums secured by this Deed of Trial; and (c) the excess, If any, to the person or persons legally entitled
<br />wee, Right to Reinstate. Notwithstanding Lender's acceleration of the ,cants inured by thus Deed of Trust,
<br />have the right to have any proceedings begun by Lender to enforce this Decd of Jru,t discontinued at
<br />to the earlier to occur of (it the fifth day before the sale of the Property pursuant to the p, -er of sate c nl:uned
<br />Trust or (o) entry of a judgment enforcing this feed of Trust if (a) Boer -er 1,.o s t cl,de( Al sums "h":1, aonld
<br />der this Deed -,( 'frost, the Note and notes sc<onng f=ulun A -• (I,.o f any had no , - 'clerau, n ,.o mi.
<br />cures all breaches of any other covenants nt :,greemenh of Bcnrto�,cl :�mtamat r!. th!, lyus, oI
<br />,ays all rcasonnbte expenses incurrr,l by Lender and -I:usl s m cr f rig [tic
<br />.rated in Ihs fhed ;,R It'I't and In entoro:mg I endct\ ,!rid Tnn0.•c rinerd:eb , p' +,htcu u C ::a):aph I'N
<br />tg . hot 't 1,1mied I", Ie;uanablc ,N tomes ar, !n 10! fl o m Her c _„ t : - t 1 _ xec Ii'dt -he hen of they Deed of Inol Londe; , c.res! r ,hc ! , t,,.ns .wd H i ,
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