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<br />85- 00,1611
<br />9. Coodemnall"m The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation i other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Leader.
<br />In the event of a total taking of the Property, the proceeds shall he 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 Tnist 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 cottect 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 shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or inn ;lificalion of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to an}' successor ill 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 he 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 liv reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Anv forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shall not he "a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the it vment of taxes or other liens or charges bv' Lender shall not he a waiver of t ender',
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trim are distinct and cumulative to cosy other right
<br />or remedy under this Deed of Trust or afforded by law or equity• and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; ('aptions. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure 10, the respective successors and its- P( ).ender and Harrower.
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Deed Lit Trust are for comenience 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 .!,, to be given in another manner. (at any notice to
<br />Borrower provided for in this Deed of Trust shall he given by maliine , h notice by certified mad addressed to Borrower it
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lenders address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<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 fo Trost; covenants with Law; Severabilih. This form of .iced of trust combines uniform covenants for
<br />national use and non - uniform covenants with limited variations he nrrisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law- of the turisdiction 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 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 />16. Borrower's Copy. Borrower shall be furnished it conformed copy of the Note and of this Deed et Trust at the time
<br />Of execution or after recordation ho.rent.
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<br />17. Transfer of the Property; Assumption. If all or any art of the Propem or an interest therein is ;old or rr :insferred
<br />by Borrower without Lender's prior written consent. excluding tor) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, ( h) the creation of a purchase money secunty interest for :rouschold appliances• ic) it transfer by devise•
<br />descent or by operation of law upon the death of it joint tenant or ! i l l the grant of anv leasehold interest of three )can or less
<br />not containing an option to purchase. Lender mav, it I under 's option, declare all the sums secured by this Deed of Trust ro he
<br />immediately due and payable. Lender shall have waived such option n, accelerate it. prier io the sale or transfer, Lender
<br />and the person to whom the Property a to be sold or transferred reach agreement m writing that the credit of such person
<br />s satisfactory to Lender and that the interest payable on the wins secured h% this Deed of Trust shall he at such rate s
<br />!.ender shall request. If Lender has waived the (,prior) to acceler lc provided in this paragraph 17, and if Borrower'; successor
<br />in interest has executed it written asstinrption agreenunt accepted ur ,voting he Lender. Lender shah release Borrower !ton,
<br />all obligations under this Deed of "Rust and the Note.
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />Paragraph 14 hereot. Such notice shall provide a period of not less than 30 day' from the date the notice is mailed within
<br />which Borrower stay pay the sums declared due. If Borrower Leib !o pay such sums prior In the expiration of such period.
<br />Lender may. without further notice or demand on Borrower, invoke anv remedies permitted by paragraph IN hereof.
<br />NON- UNIFOflA7 CovslveNrs. Borrower and Lender lurther covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the cnvenants to nay when doe nos _Pmv seevrea b. •f.. reed
<br />of 1 rust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: tl) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less Chao 30 days from the date the nolice is mailed to
<br />Borrower, by which such breach must be cured; and 14) that failure to cure such breach on or before the date specified
<br />n Ike notice may result in acceleration of the sums secured by this Deed of Trost and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the "Will- extstenre of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />Pm or before the dale specified In the notice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />of Trust to he immediately due and payable without further demand rind may invoke the power of sale and any other remedies
<br />Permitted by applicable law. Lender shall ha enlilled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies Provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />It the lower of safe is invoked. ' rrustee shall record a notice of default in each county in which the Properly or some
<br />Pwi thereof is located and *hail mail copies of such notice in the manner prescribed by applicable law In Borrower and to the
<br />Other P rso !splice Prescribed byloP li able law, After the lapse of such little as may he required by applicuble law, Trustee shall
<br />give bile persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shill sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />Or in the notice of safe in one or more parcels and In such order m Trustee may dclermine. Trustee map postpone sale of all
<br />Le ally parer! of the Property by a Pro .rtv announc tineWo al lilt ';'or and place or any previously scheduled sale. Lender or
<br />!se'nder's desi)laacee may parches the Property s1 any tale.
<br />Upon receipt of Payment of the price bid, Trustee 111811 deliver to the purchaser 'Trustee', deed conseving the Properr.
<br />said, 'eke recitakv in The Trustee's deed shall be prima facie evidence of The truth of the statements made therein. 1'rustee
<br />shall apply The proceeds of the r in the following order: (n) to all reasonable costs and expenses of the sale, including, but
<br />not Nmitod to, Trustee's fees of not more than %� of the gross sale price, reasonable aflorncy's fees and costs of
<br />We evidence; (b) to AN sums secured by this Deed of Trum; and (e) the excesr, if any, to the person or Persons legally entitled
<br />therefor
<br />Borrower�%hall haveRlite tgnReinstave t t(mnecdingngl ptintby L nduatk,ttcnloni sthtfssDerdcoltIT7asts Deed(+t IF at
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<br />any time prior L) the. earhr.r la occ or of ul t)u fifth day I Clore the sole of the Property pursuant to the power of stile ennled a? J
<br />m This need Of 'trust or Ili) entry of it µulrTnicnt rnforrinr, this Decd of 'foist if: rat Borrower pays I ender .ell sums which would
<br />fir Rtes due under this Dec ti of rru•,t. the 'von ,nd notes sc'cunng 1'ulury Advances I any. h,d no acn•Icrauou oeeurred.
<br />1131 Horrowcr cores -111 t reaches fit any other cove:nanls ,r wrrctnuus o1 fiortim'r contained ur this I
<br />k) Bartow CP t aye all rcav ndJ rvpenle r tntiit red by I cndcr and rr:,"Ice in cn(o , )crd of 1Tnvl gL?
<br />Borrower vunt.ited it, 'his f:)e.cd of irusl Ind r1 enfo lung the u•o-enanis and egn•cntenrs ,I a (
<br />hereof. ii101,11 r t+ul nn a rug Lenders .•rid I`u•n•e s t nu•dira ;a (,ern 1ded ,n pm,,vraph i �
<br />p. : t Ilminrd it. rear »unable .:non,ev + fees. end (di Bor rower i tkcs such ,chop as I ender m :n n•a „m.i hl,
<br />wiplile to arson: Thar The hen „I Ill., Decd of IY u,r. I ernlc•r's rnlctest .n the Pt nt•errs end H,•rrt% I v\ i roe li,i: r. ;•,i,
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