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86-- 107468
<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 hereby assigned
<br />and shaif be paid to Lander .
<br />in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
<br />the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise
<br />agree in writing, there shalt be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to
<br />fftat proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the
<br />four mafket 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 soft a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed.
<br />Lender isauthorized 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 />18. Norrower 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 shall 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 Borrower's successors in interest
<br />11. Forbearance by Lender 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 Lenders right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative Ali remedies provided in this Deed of 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 Liability; Captions. the covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respect.ve successors and assigns of tender and Borrower,
<br />subject to the provisions of paragraph 17 hereof " covenants and agi eeme� is al Borrower shall be joint and several. The
<br />captions and headings of the paragraphs of th,s Deed of Trust are for con. ernence only and are not to be used to interpret or
<br />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 Borrower
<br />provided for in this Deed of Trust snail be given by marling 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 mad, return receipt requested, to Lender's address stated herein or to such other address as
<br />Lender may designate by notice to Borrower as provided herein Any notice provided for in this Deed of Trust shall be deemed
<br />to have been given to Borrower or Lender wtien given in the manner designated herein
<br />15. UnNarm Deed of Trust; Governing taw; Severabflity. 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 />covsrang r preperllr TJuaDaelLpt,T. rust shall be governed by the law of the jurisdiction in which the Property is located. In
<br />the eV44 aft ltltleriaief1111t1 t;tiiNm of this Deed of Trust or the Note conflicts with applicable law. such conflict shall not
<br />afteCt ottt� provosk "jf*ll�i#alpot Trust or the Note which can be given effect without the conflicting provisions, and to this
<br />end the provisloniii4_I_ Dow oi Trust and the Note are declared to be severable
<br />1E. "Vowel s Copy. Borrower shall be furnished 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 all or any part of the property or an :merest therein is sold or transferred by
<br />Borrower without Lender'sprior writhe- c.:,nsent, excluding (a) the creation of a bens 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 descent or 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 />opbon to purchase, Lender may. at Lender's option, declare ali the sums secured by this Deed of Trust to be immediately due
<br />and payable. Lender shalt have waived such option to accelerate it, 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 or, the sums secured by this Deed of Trust snail 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 i ender Lender shall release Borrower from all obligations
<br />under this Deed of Trust and the Note
<br />It Lender exercises such option to accelerate. Lender shall mad Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of rot less than 30 days from the date the notice is marled within which
<br />Borrower may pay the sums declared due. if Borrower faits 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- UNIFORM COVENANTS. Borrower and Lender hasher covenant and agree as follows.
<br />18. Acceleration: Remedies. Except as provided in paragraph - 7 hereof .-Dnn Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust mciuding the covenants to pay when due arty 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 days from the date the notice is mailed to Borrower, .,y which
<br />such breach must be cured; and (4) that failure to cure such breach or. or before the date specified in the notice may result in
<br />acceleration of the sums secured by tins 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 nor - existence of a default or any other
<br />defense of Borrower to acceleration and sale. 11 the breach is not cured on or before the date specified in the notice. Lender at
<br />Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 18, including, but not
<br />itmited to, reasonable attorney's fees.
<br />if the power of sale is invoked. Trustee shall record a notice of default in each county .n which the Property or some part
<br />ttwisof is ioK:aited and shall mail copies of such notice i;, the manner prescribed by applicab!e !sw t.; 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 sale to the persons and in the manner prescribed by applicable law. Trustee. without demand on Borrower,
<br />shalt self the Property at public auction to the highest bidder atthe time and place and under the terms designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />the proceeds of the sale in the following order (a) to all reasonable costs and expenses of the sale. including, but not limited to.
<br />Trustee's fries of not more than %of the gross sale price, reasonable attorneys fees and costs of title evidence.
<br />(b) to a4 sums secured by this Deed of Trust and (c) the excess, if any, to the person or persons legally entitled "wato.
<br />1i. tlertowM's RIW be RelnstaMa. 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 the Deed of Trust discontinued at any time
<br />prior to the sarfier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in the feed
<br />of Trust (ii) entry of a judgment enforcing this Deed of Trust it (a) Borrower pays Lender all sums which would be then due
<br />under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occured-ib) Borrower
<br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust (c) Borrower pays all
<br />reasonai?!e expenses incurred by Lender and trustee enfafcmg the 4nvenants and agreements of Borrower contained in this
<br />Deed of Trust and,,, enforcing Lender's and Trustees remedies as provided in paragraph 18 hereof including. but not i,mrtcW
<br />to r"46onawe ottoisney 8 ri"$. and td) Borrower takes such action as Lender may reasonably re Kure to ab3utr tfiA1 the !Non of
<br />tars Deed of True Lender+ s ,ntsresl in thin Prop," and Borrower s obriga i— to pay the sc m tin c ,rt d G, h,R ee i et ?rue!
<br />w%at'r root -moo un=m o&if a !,.rpon such i:1avmenl and cure by Elofttwet Ih,% a-i hip. }are s s.c -i e,d heloby
<br />*hail tel,rrkairi to !V111; to4co a'" tstter� t its if ro a"C'ef"tation had Mcit"tw
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