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86-- 106109
<br />Cadaanatien. The proceeds of any award or claim for damages. direct or consequential, in connection with an.
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Leader.
<br />Ilk the event of a total tilkin the Property, the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />Borrower Lender
<br />with the exaes, if any, paid to rower. In the event of a partial taking of the Property, unless and
<br />otherwise agree in wtiting, there shall be applied to the sums secured by this Decd of Trust such proportion of the proceeds
<br />as is so that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking beats to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paw to Borrow".
<br />If gte'Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to stake
<br />an award or settler a claim for dam%W. Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed; Lwtder is authorised 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 Tnut.
<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 referred to in paragraphs I and 2 hereof or change the amount of
<br />i— UnustL
<br />such
<br />IB. Sturewer 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 not operate to release, in any manner,
<br />the Gabilily of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such succeaor 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. Forbearawee 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 Lenders
<br />right to sccelerate the maturity of the indebtedneu secured by this Deed of Trust.
<br />12 Rottrrdies Cumulative All remedies provided in thus Decd of Trust are distinct and cumulative to any other right
<br />or remedy utTder this Deed of Ttnst or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively.
<br />13• Successors and Antos 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 he 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 Jaw 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 a! such other addttess as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lauer shall be given by certifed mail, return receipt requested, to Lenders 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 shay! be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniforg Dees of Trust; Gsveraiag Law; Severabitlty. This form of deed of trust combines uniform covenants for
<br />national rise and note- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering rat property. This Deed of Tnrsl shall Fee governed by the law of the jurisdiction in which the Property is located -
<br />In the went list 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 Nate which can he given effect without the conflicting provision.
<br />of the Deed of Trust and the Note are declared to to severable.
<br />and to this end the provisions
<br />16. Borrower's 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 Pttaperey; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lenders 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 Lenders 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 />date is within
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the the notice mailed
<br />Borrower the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period.
<br />which may pay
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />III, Accelerations; Remedies. Etrcepl as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />10 when due any sums secured by this Deed
<br />agreement of Borrower in this Deed of Trust, including the covenants pay
<br />of Trust, Lender prior to acceleration shill mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />to such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />breach; (2) the action required cure
<br />Borrower, by which such breach must be cured; and (4► that faillore to cure such breach on or before the date specified
<br />in the notice may resell in acceleration of the sums secured by this Deed of Tram and sale of the Property. The notice
<br />shag furdser inform Borrower of the right to reWslale after acceleration and the right to bring a court action to assert
<br />the moo- esiski ce of a iefank or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice, Leader at Leaders option may declare all of the sums secured by this Deed
<br />of Tram to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />perrmkle I by appkenhic law. Lender shark be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />renaadka provided IN this patagrapb 1g, including, but not limited to. reasonable akoraev's fees.
<br />N the power of sale is havokd, Trustee sbaU record a notice of default in each county in which the Property or some
<br />E ail pies of such notice in The manner prescribed by applicable law to Borrower and to the
<br />pater Atsraaf Is located and shall co
<br />other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give orpublic notice of k to The p� and is the manner prescribed by applicable low. Trustee, without demand on
<br />Borrow shag no the at auction to the highest bidder at the time and place and under the terms designated
<br />to lit malice of tale iw one sr npte parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any par panic announcement of the Property by pan announcement err the time and pierce of any previously scheduled sale. Lender or
<br />Leder's detlgwee may parching the Property at any sale.
<br />Up" MCC* of payment ed iba )Trice iii, Trsrlee shag deliver to the purchaser Trtslee's deed conveying the Property
<br />sold 7`ba :recitals be Are Triona's deed sW be prima facie evidence of the truth of the statements mide therein. Trustee"
<br />tMti ably Ate pwesais ei the tale (n the laiaviftfi crier. (s) to on reasonable cosec and expenses of the sale, iaclading, but
<br />ha than ��Z Of 1 % of the gross ask price, reasonable attorney's fees and costs of
<br />am lbnkei to, i'fus1ge's of visit gore
<br />d& evidence; (b) to an sums second by fits Deed of Trust; and (c) the excn:, if any. to the person or persons kgaBy entitled
<br />Alttwla
<br />19. Borrower's Right to Radnnate. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust d: (al Borrower pays Lender all sums which would
<br />he then due under this Deed of Trust, the Note and notes accunng Future Advances if n), had nn accelcrannn o sunned.
<br />(b) Borrower cures all breaches of any other covenants or agreement. of Borrower contained in this Dced of Trust
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<br />(c) Borrower pays all reasonable expenses incurred by Lender and Tn,stec in enforcing ibe cusenant: and agreert,cnrs of
<br />Borrower contained in this Decd of Trust and in enforcing Lcn& -r's and Trustee's remedies as tit --icd in paragraph IS
<br />hereof, including. but not limned to, reasonable attorney's fees. and (d) Il:arower takes 'u,h action as I crxdcr ntas reas maNN
<br />Decal Trust, I.endcr's Interest � -� the Pwpi,m :.,rid tiorross -rrv's ohhgauon to pas
<br />req,urc to assure that the ben of this of
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