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<br />85-- 000147
<br />9. Condemnatio ®. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or odes taking of the Property, or part thereof, or for conveyance in lieu of sonde nation, 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,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall he applied to the sums secured by this Deed of Trost such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />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
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized 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 Trost.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not "tend
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Ieed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by wis Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />1D. 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.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Decd of Trull.
<br />12. R Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />sucriv
<br />13. vessers 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 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.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to he used to
<br />interpret or 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
<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 at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) anv notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate oy notice to norrower as proviaca ncrem. nny noucc prvvlucu 1vr v 111.3
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law: Severability. This 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 law of the jurisdiction in which the Property is located.
<br />In the event that 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 Note which can be given effect without the conflicting provision,
<br />and to this cad the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Cory. 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. Trader of doe rrooperty; Assumption. If all or any p.-,t 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 Taut, (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 (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lendcr's option, declare all the sums secured by this Deed of Trust to he
<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 />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<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 farther covenant and agree as follows:
<br />16. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covet or
<br />agreement of Bommer in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Leader prior to acceleration shag mad notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action rewired to care such breach; (3) a date, not less than 30 days from the date the notice Is mailed to
<br />Borrower, by which such breach mum be cured; and (4) that failure to cure such breach on or before the date specified
<br />In the notice may result in acceleration of the sums secured by this Deed of Taut and sale of the Property. The notice
<br />shad further Form Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the of a defsa t 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, Lender at Lender's option may declare all of the sums secured by this Iced
<br />of Try to be Isomediately due and payable without further demand and may invoke the power of sate and any other remedies
<br />by applicable law. Lender drall be entitled to collect all reasonable costs and expenses incurred is pursuing the
<br />remedies provided in the paragraph 18, Including. but not limited to, remonable attorney's fees.
<br />If the power of ads Is evoked, Tree AM record a notice of default in each county in wbkh the Property or some
<br />part thereof Is located and sW maill copies of such notice in the manner prescribed by applicable law to Borrower and to Ike
<br />iscribed by : law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />e lic e N f!e and in the manuer prescribed by applicable law. Tree, without demand on
<br />er, Property at rtlen to the h�best rat the time and place and under the terms designated
<br />e drf Moue or more eel araf in sdwh order as Trostee may determine. Trustee may pomi.pone mk of all
<br />ac y Y by t►u an ncemeot at the time and place of any previously scheduled care. Leader or
<br />1.r • ^e fire Hy at y sue.
<br />of NY tti the a bpd, Tr ee aball delver to ter purchaser Trustee's deed conveying the Property
<br />the T 's decd r be pri Pack evklencc oP the truth of the statements made therein. Trustee
<br />the pnK of the le the f why order: (a) to all rc Ilk costs and expe of the sale, including, but
<br />N, TrmlIW9 fees of PM more than % of the gram suk price, reasonable attorney's fees and costs of
<br />We evidence; (h) to oil sums secured by This Deed of Trust: and (c) the excess, if any. to the person or persons legally entitled
<br />t9, sorrowees R t to tteMoak. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any pr(xccdings begun by tender to enforce this Decd of "Trust discontimted 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 />inth40ccdof Truss ()r tii) entry of n judgmerit enforcing this Decd of 'T'rust if: (a) Borrower pays Lender all sums which worild
<br />he then clue under this Lhed of 'trust, title Note and notes securing Future Advance%, if any, had no acceleration ocenrred;
<br />(b) Borrower cures all breaches of any other covenants or agrecments of Borrower contained rat this Deed . +t Trust;
<br />(c) Borrower pays all reasonable expenses incurred by Lender and 'I rustce in enforcing the covcnurts and agreements of j
<br />Borrower contained in this teed of 'TYust and in enforcing Lender's and Trustee's renudics as provided in paragraph IS
<br />heracrf, including, but not limited lo, reasonable altortivy's fees, and (d) Borrower takes such action as I ender mas rcawnabh
<br />raquire tit assure that the hen of phis Mcd of Irusi, lender's interest rat the Prolxrty and Borrower's obhp; piton u, pa)
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