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36- 106856
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are herebyassigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trt#t, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and ' ender otherwise
<br />agree in whiling, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to
<br />that proportion which the amount of the sums secured by this Deed of Trust immediatel y prior to the date of taking bears to the
<br />fair mall value of the property immediately prior to the date of taking, with the balance of the proceeds paid to, Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
<br />award or setae a claim for damages. Boe'fower fails to respond to Lender within 30 days alter the date such notice is mailed.
<br />Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the Property or to
<br />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 or
<br />postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors interest_ Lender shalt not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demand made by the original Borrower and Borrowers successors in interest.
<br />11. Forbearance by Lander 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. The
<br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12. Remedies Cumulative All remedies provided in this Deed cf Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity.. and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Uabifity; 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. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. NoUe*.Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />lender shall be given by certified mail, return receipt requested, to tender's address stated herein or to such other address as
<br />Lender may designate by notice to Borrower as provided herein. Any noticeprovided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. UnNorm Deed of Trust; Governing Law; 8awrabAlty. The 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 be governed by the taw of the jurisdiction in which the Property is located. In
<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shalt not
<br />affect other provisions of this Deed of Trustor the Note which can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of Taut and the Nob are declared to be severable.
<br />10. Borrower's Copy. Borrower shall be lumished'a conformed copy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. It ati or any part of the property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise descentor by
<br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an
<br />option to purchase. Lender may, at lender's option, deciareall the sums secured by this Deed of Trustto be immediately due
<br />and payable, Lender strap have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and that the interest payable on the sums secured by this Deed of Trust shalt be at such rate as lender shall request. if
<br />Lender has waived the option to accelerate provided in this paragraph 17, and it Borrowers successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender. Lender shalt release Borrower from all obligations
<br />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 then 30 days from the date the notice is mailed within which
<br />Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON- Ut4WORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrowers breach of any covenant or
<br />agreementof Borrower in this Deed of Trust including the covenants to pay when due any sums secured by this Deed of Trust,
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach; (3) a date. not less than 30 daysfrom the date the notice is mailed to Borrower, by which
<br />such breach must be cured: and (4) that failure to cure such breach on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at
<br />Lenders option may declare all of the sums secured by this geed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of site and any other remedies permitted by applicable law. tender shall be entitled to
<br />coliectall reesonablecosts and expenses incurred in pursuingthe remedies provided in the paragraph 18, including, but not
<br />timid to, reasonable allomey's fees.
<br />if tite power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part
<br />thereof is locabd and shatl mail copies of such notice in the manner prescribed by applicable taw to Borrower and to the other
<br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall give
<br />public notice of ante to the parsons and in the manner prescribed by applicable law. Trustee, without demand on Borrower.
<br />1-h" sett the Property at public auction to the highest bidder at thetime and place and under the terms designated in the notice
<br />of sate in one or more paresfs and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />the Property by public arms ncemont at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may 'purchase the Property at any a"
<br />Upon receiptof payieerkof rite price bid. Trustee shaft deliver to the purchaser Trustee's deed conveying the Property sole!.
<br />Ttta rsctitds in the Tru pse'sdesd std fn prima facie widsrtce of the truth of the statements made therein. Trustee shall apply
<br />the pracesrladtlteaNainthetotlowingorder :(a;to r aeonablecostsandexpefia" ofttte sale. including. but not limited to,
<br />Tn tsNie'e teas of not more than 9a of the gross sale price. reasonable attorney's fees and costs of We evidence;
<br />Nei io itvrru second by Otis Deed a Trask and (c) rite excess if any, a tite person
<br />or persons legally entitled ;hereto.
<br />10 !ltarrewv's RI/M 1a RraMtMaM. Nolwiriteanartg Lender's accehrrstiat of tits sums secured by this Deed of Trust,
<br />84rrovrsr sttetl haw rift b have arty progs4mgs begun by Lender tp enlace the Deed of Trust discontinued at any time
<br />Wior fe ti►a Barker b Occur d (il the Mrit defy before rise sate of the Property pursuant to the power of sale contained in the Deed
<br />Ot Truel (+i) af►#y of a jWtgmNtt enlacing this Deed of Trust if (a) Borrower pays Lender all sums which would be than due
<br />irrtrlsr ri Oead o! Trust 1tN Noel and Woks securing Future Advances, tl any, had no acceleration occured -M) Borrower
<br />rurq att tlresches of any other covenants a awown"emots of Borrower canteated in this Deed of Trust: (c) Borrower pays all
<br />reasonable expenses incurred by tender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />teed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof. including, but not limited
<br />lo. reasonable s"orney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of
<br />INs Dood of 1'a test, (tender's interest in the Pfoperly and Borrowers o=bligation to Day the sums %ecureci by this t _)«arid of Tf%;R1
<br />fghr'A cox finals ca imprlrett. upper such payment and curd by Borrower, this neod O T toot ano the esb:igatsons zw: wed hereby.
<br />1H*ejl wn*n its hA fierce mid 0"Wo as 0 no acceleration had o{:cutfed
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