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85-. 000948
<br />4. Condemnatins. The prose Is of erns award or c'ta.m t,It damage, direct or consegl,enlial it connection won JOY
<br />ondemnation or other taking of the Pc op., or part therenl tit for conveyance rat Iteu tit condemnation, are hereby assigned
<br />and shall he paid to lender.
<br />In the event of a total taking of the Property, the proceed. +hall he applied its the sums %ecured by this Decd of Trust
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and !.ender
<br />otherwise agree in writing, there shall he applied to the sums secured by this teed of 'I nest ao. h proportion of the proceeds
<br />its Is equal to that proportion which the amount of the sums secured by this (seed 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'aatance of the proceed%
<br />paid to Borrower
<br />If the ,- ,.twns •. .'.t`andnnrd by Ilom-er, of If, afro notice by I rmict to Ilnrrowrl ilim Ihr „aldenmol offer% to malts
<br />.Irt .,ward to sc111c• a slenrt lot d:unagey Itorrowel t.nl% ti, resp,rnd rat 1 ender u Ilbm 1n days Auer il,e date such nonce n
<br />mailed, Lender as authorized tv 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 Trust.
<br />Unless Lender and Borrower otherwise agree In writing, any such application of proceeds to principal shalt not cytend
<br />or postpone the due dale of the monthly Installments referred to In paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />IS. scrrower Not Rekmed. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by I ender 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 this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in Interest
<br />I I. Forlwarence 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 the 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 Item or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the Indebtedness secured by this feed of Trust
<br />12. Rewedles Cisendaillve. All remedies provided In this D"d of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded M law or equity, and may be exercised concurrently, independently or
<br />successivelyy
<br />13. Suceessers and Assigns Bound; Joint and Several Liability; Capliow%.' The covenants and agreements hereon
<br />contained shall bind, and the rights hereunder shall Inure to, the respective successors and assigns of Lender and Borrower
<br />subject 10 the provisions of paragraph 17 hereof All coyenants and agreements of Borrower shall he joint and several
<br />the capons and headings of the paragraphs of ,ms Decd of Trust arc for convenience only and are not to be used to
<br />interpret or Jeftne the provisions hereof
<br />14. Notice. Except for any notice required under applicable law to be given In another manner. (a) any noluc to
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed to Borrower at
<br />the Properly Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />list any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or o
<br />stash other address as lender may designate by notice to Borrower as provided herein. Any notice provided for In this
<br />Deed of Trust shall he deemed to have been given to Borrower or Lender when given In the manner designated herein
<br />15. Uniform Deed of Trust; Governing Law; Sevtrobrky. This form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenants with limned variations by jurisdiction to constitute a uniform security Insu.onenl
<br />covering real property This Deed of Trust shall he 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 wilt applicable law. such concoct shall
<br />not affect other provisions of this Dead of Trust or the Note which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to he severable
<br />If. Serrower'stepy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after fecordstionTereof.
<br />17. Transfer of the Property; Awumpllon. If all or any part of the Properly or an Interest therein Is sold or trAmferrea
<br />by Borrower without tender's prior written consent. excluding (al the creation of a hen or encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase money security Interest for household appliances. t c a transfer by .I.cvT%e.
<br />descent or by operation of law upon the death of a joint tenant or 1d) the grant of any leasehold interest of three lean or less
<br />not containing an option to purchase, tender may, at Lender's option, declare all the sums secured by this Eked of Trust to he
<br />tmmedoately dote and payable. Lender shall have waived such option to accelerate IL prior to the sale or transfer, 1 ender
<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 ant; that the interest payable on the sums secured by this Deed of Trust shall be at such rate a%
<br />Lender shall rrgtlat. If Lender has waived the option to accelerate provided in this paragraph 17, and of Borrower's successnr
<br />on interest has executed a written auumplion agreement accepted in writing by Lender, I -ender shad release Borrower from
<br />all obligal.nns under this Decd of Trust and the Note
<br />If Lender exercises such option to accelerate. 1 ender shall mad Borrower notice of acceleration in accordance with
<br />pan`raph 14 hereof. Such nonce shall provide a pertrd of not less than 10 days from the date the notice n mailed within
<br />which Borrower may pay the sums declared due_ If Borrower fares to pay such sums prior to the expiration of such period.
<br />Lender may. without furlber notice or demand on Borrower, invoke any remedies permitted by paragraph erg hereof.
<br />NMr.UPWORM ('(WIPHANTx Borrower and Lender further covenant and agree as follows.
<br />IN. Accelere inn; Remedies. F.ecept as provided In paragraph 17 hereof, upon faoreowees; breach of any covenant or
<br />agoi @nnrsl off Borrower in ibis Deed of Trost. Inciedlllg the covenants to pay when due any sums secured by lhh I)Med
<br />of Tense. Letrkr prior to acceleration shed mar woeice 19 Borrower an provided In paragraph Id hereof specifying: tit the
<br />breach. (7) ehe arlbn required to cure such breach; IJl a dote, to kaa this 30 days from the date eke take is mailed to
<br />borrower, by which such breech mum be owed; and 11► low faAure to curs such breach on or before the dote speeifled
<br />In the tolkr may result In occekralion of the sums secured by ebb Deed of Trust and sale of Ike Property, The notice
<br />AM fartlber Inform rernower of eke rootlet to min@Wt after srceleraliars std Ike right to bring a cower actions to asset
<br />else of a defauMl or any Other defense of der ewer to acceleration and sake. If the breach N not cured
<br />an or before Ike date spectged In Ilse weeks, lewder at Lender's option may dkrlere all of eke sums secured by ibis Deed
<br />of Tests$ to be lw4n"Wdy dote and payable wllhoat further demand and may Invoke Ike pewer o: sake and any Other remedies
<br />p ""oohed by appl(eabk law. (.lender shat be eadded to collect all reomnebk costs and espemss incurred In pursuing the
<br />tomrdon presided In Neer perslgrosph 111, Iseluding, but wa IInNeed to, ressai able, anleraty's fact.
<br />If The power of not Y Invoked. Tito sen *W reeeed a wake of defeak to each cwwiy In wlsick ebe Pntprty or same
<br />part *woof is located and slur mW cgka of wsi sells In IM mamer prescrrstd by aNBkabk low to Rermwer and to Ilse
<br />*"we pe seas preecril ed by sppacabk law. After The lope o1 web lime m may be regsired by apPrcabke law. Trustee sMr
<br />live -ablk patke of sstle h Ike oenans and In the mom we prescribed by applicable low. Trust". without demand an
<br />Disrespect. shed seal low property of ryblk sections to else lslslsaN bidder of IM Ilaw had piece and under the terms deslguated
<br />In Ihs hake of link to one or man Parcels ale In such order as Trans" may determine. Trustee may peHpana sake or to
<br />or any Portal of The Prgtrey, by public awnalanarm at Ibis lens and plan of any PMIM {y ectssdtded ask, D.eMer or
<br />t,eMkes deeirnn may purchase the Property in tiny salt.
<br />U/ot1 neelpl of payment of the price bale Trurur slur derver to Ike purchaser TwNte's deed conveylry the Propertv
<br />add. '/7tk reeMNa In IM Twrta's deed ahar fed prhts lack evNenck tN IM truth of the staNmame mink tkenM, Trustee
<br />"apply flee �pratrr#6 of dw arse In Ike farewtag orders lal to dl reseotsbk cope sad npenres of Ike raft. Mchtdfg, but
<br />no Now" Nit Te wh 'a fees of am man I1H11 tab of the grow wk price, remonabk attorney's fin and costs of
<br />111k vo�r, IN to aR our reelected by Ihts Deed of Trawl std Itl the eacea. M soy, to Ike Perron or per"" legally enelsled , 111 It, Dacnwee'e RIgAI In RtMdtek. Notwithstanding Lender'% acceleration of the sums secuted by this Deed of true
<br />Borrower shall have the right to have any proceedings begun by Lender in enlotce this Deed of Tint dncontmlled at
<br />any time prior no the earlier to occur of (r) the Aflh day before the sale of the Property pursuant tit the power rat salt contained
<br />on ibis Deed of Trim or OQ entry of a pd mom enforcing ins feed of ?'nut if (a) Borrower pegs Lender all rums which would
<br />he then due under this Dred of Trust, t� Note and none, securing Future Advances. It any, had nn aceekrNnrn (sacuiresl ;
<br />lbt Borrower cure all breaches of any other covenant% or agreements of Borrower contained In this Deed of Truce
<br />(cl Borrower pays all feaulona�w tcpenn% I< td by Lender and 'honer In enforcing The covensnra and agreement of
<br />eMrrwwer contained In this Mod if Trust and In enforcing Linder s And 7ruslrr s nemtdtec at provided In pataglaph la
<br />hereof mthrdmg, No not limited In restcnrahle .rnrney's fret anti (d) Borrower lakei unh action at I rnden r,,sv reaw"Ahh
<br />reg.orr to allowe $hat the Ilen of his 1?red rat 'full (enter -% n.lrtrel In the IttnlMrly and "orlowel t obligation I-, fray
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