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86-.. 107473
<br />9. Condentnalfw. 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 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 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 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 immediately prior to the date of taking bears to the
<br />fair market 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 settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed,
<br />Lender is authorized to collect and apply thb 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, nny such application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such
<br />installments.
<br />10. Borrower" Released. Extension of the time for payment or modification of amortization of the Rums 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 origina; 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, shalt 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 m 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 shalt bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragrapf 17 hereof All co :� °nar,ts and ag' rants oil Borr user shall be joint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are iot col•, °n,ence only and are not to be used to interpret or
<br />define the provisions hereof
<br />14. Nodee. Except for any notice required under applicable law to be given to another manner, (a) any noticeto Borrower
<br />provided for in this Deed of Trust shall be given by maufng such notice by certified road 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 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 when given in the manner designated herein
<br />15. Uniform Deed of Trust Governs Law; Seirerability. The form of deed of trust combines uniform covenants for
<br />national f' sth hmrteo variations by jurisdiction to constitute a uniform security instrument
<br />covering all be governed by the law of the jurisdtction in which the Property is located. In
<br />the even this y p Deed of Trust or the Note conf cts with applicable law, such conflict shall not
<br />affect o r p the Note which car, be given effect without the conflicting provisions, and to this
<br />end the This n the Note are declared to be severable.
<br />18. eorrower'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. If at' or any part of the prcprerry or an interest therein is sold or !ransferred by
<br />Borrower without Lenders prior wntle' , c nsent, excluding (a) the creation of a iten or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances. (c i 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 riot containing an
<br />option to purchase, Lender may, at Lenders option, declare ali the sums secured by this Deed of Trust to be immediately due
<br />and payable. Lender shall 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 on the sums secured by this Deed of must 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 Borrower � successor in interest has
<br />executed a written assumption agreement accepted vin writing by Lender Lander shall release Borrower from all obligations
<br />under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mad Borrower notice 0 acceleration to 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 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 or Borrower invoke ?ry re fn -dies permitted by paragraph 18 hereof
<br />NON - UNIFORM COVENANTS. Borrower and under further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraoh 37 hereof, upon Borrower's breach of any covenant or
<br />agreement of 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 ,n paragraph 14 he•eof specifying: (n) 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, by which
<br />such breach must be cured, and (4) that failure. to cure such breach on or before the date specified to 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 />detense of Borrower to acceleration and safe. If 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 poorer of sate 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 to the paragraph 18, including, but not
<br />limited to, reasonable attorney's fees
<br />If the power of sale is invoked. Trustee shall record a notice of detau +tin each county in w nice the Properly or some part
<br />thereof is located and shall mad copies of such notice in the manner prescribed by applicable law 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 sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower.
<br />shall $oft the Property at public auction to the highest bidder at the time and place and under the terms designated to 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 w any sale .
<br />Upon receipt of payment cf 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 fees of nol more than %of the gross sale price, reasonable attorney's fees and costs of title evidence:
<br />(b) to all sums secured by this Deed of Trust: and (c) the excess. it any, to the person or persons legally entitled thereto
<br />19, Borrower's RIVM to RektNaM. Notwithstanding Lenders acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall havethe right to have any proceedings begun by Lender to enforce the Deed of Trust discontinued at any time
<br />prior to the earlierto occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in Me Deed
<br />of Trust (it) 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 occunird (b) Borrower
<br />cures, all breaches of any ~ covenants of agreements of Borrower contained in this Deed of Trust tc) Borrower pays all
<br />reasonable expenses incurred by lender and Trustee enforcing the covenants and agreements of Borrower contained in this
<br />Deed of T rust ants m enforcing Lenders and Trustee a remedies as provided in paragraph 15 herw)f ncfud +rig. but not hmtted
<br />t0. rea onab le ittt> +nays fees. Mild Id) f_3rxrower lit kes such action as, ender may r @a4plrFibfy rr;gtl if P fo assure That the i,en -11
<br />this r}Ired nt Tnist Lirnder's tntergAt an the P,operty anal Borrower s obltgAhon 10 ray the cutnc sec rtrerl by th s geed ,?f r rust
<br />;hats rUnttnue ilia- e.ua+rr_d lfran such paymentano dire try flit rower
<br />shAO rernaw " } li lorcr, and pled as rl no aicG wtifallon hid rrr.t :;rrrt +d
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