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85-- 001809
<br />9, Coademnaion. 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 , are hereby assigned
<br />and shall be paid to Lender, lieu of condemnation
<br />r !n the event of a total taking of the Property, the proceeds shall be applied to the sums secured 6y this Deed of Trust,
<br />t 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 be applied to the slims secured by this Deed of Trust 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 Trust.
<br />or postpone the and otherwise referred to incparagraphs I and hereof orrchangesthe 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 Deed 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 this Deed of Trust by reason of any demand made by the original Borrower and Borrowers 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 he 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 Deed of Trust.
<br />12. Remedies 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 />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 respective successors and assigns of Lender and Borrower.
<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 of 'I rust are for convenience onh and are not to he used n,
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner. iris any nonce n,
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed to y note 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) any 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 by noti
<br />Deed of Trust shall he dee ce to borrower as provided herein. Any, notice provided for in this
<br />med to have been given to Borrower or Lender when given in the manner designated herein
<br />1S. 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 % ecunty instrument
<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 with applicable law. such conflict %ha!i
<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 a conformed copy of the Note and of this Deed of I rnsl ;i! the time
<br />of execution or after recordation hereof.
<br />17. Transfer of The property; Assum
<br />by Borrower without Lender's n If all or any pan of the Property or an interest [herein is sold or transferor.f
<br />prior written consent, excluding la) the creation of lien or encumbrance suhordina(c It,
<br />'his Deed of Trust, (h) the creation of a purchase money security interest for household appliances, I c) it transfer by de%i,c.
<br />descent or by operation of law upon the death of a joint lenam or td) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase. I ender may, at 1 cnder's option, declare all the sums secured h% this Decd of Trust to he
<br />Immediately due and payable" I ender .hall have waived such option it) accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the property is to he sold or transferred reach agreement in writing that the credit of such gender
<br />s satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate .is
<br />Lender shalt request. If lender has ,tatved the option to accelerate provided in this paragraph 17, and if Borrower's succes%u,I
<br />m interest has executed a wntten 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 N) days from the date the notice is mailed within
<br />which Borrower may pay the sunis declared due. If Borrower fails to pay such Burns prior to the expiration of such period.
<br />Lender mays without further notice or demand on Borrower, invoke any remedies permitted by paragraph l3 hereof.
<br />Ntrv-U IFOast COVENANIS Borrower and Lender further 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 ibis Deed of Trusl, including the cotenants to pay when due any sums secured by this Deed
<br />of Trust. Lender prior to acceleration shall mail notice 14o Borrower a% provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; 131 a date, not fees than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must 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 Ihed of Trust 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 po assert
<br />'be non•exLstence of a default or any other defense of Barroster to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice, Lender at Lender'% option may declare all of the sums secured by this Decd
<br />of Trust to be immediately due and payable without further demand and may :nuke the power of sale and tint other ris I) tcs
<br />permitted by applicable law. Lender shall be entitled to collect all fell m a ;n costs and expenses incurred in pursuing the
<br />retnedles provided in this paragraph lit, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, 'Trustee shall record a notice of default in each county in which the Property or %(line•
<br />Part thereof is located and shall mail copies of such notice in the manner prescribed My applicable jaw to Borrower and to the
<br />"her persons prescribed by applicable law. After the lapse of such time a% may tie required by applicable law, er and shall
<br />ve public aolice of sale to the persons and in the manner prescribed by applicable led 'Trustee, without Trustee on
<br />Borrower, shall sail the Property at public auction to the highest bidder at the time and place and under the ter designated
<br />in the notice of sale in one or more parcels and in such Order as Trustee may determine. 'fnrstee may postpone sale (If all
<br />or any parcel of the Property by Public announcement at the Ilmv and place of say previously scheduled %isle. Lender all
<br />l rodeo's designee may purchase the Property at any sale.
<br />Upon receipt of Payment of the price bid, Trustee %hall deliter to the purchaser 'L'ru %tee's deed conveying the Property
<br />sold. The recitals in the Trustee% deed shall be Prim" facie evidence of the troth of the %fatenre.nt% made therein. '1'nrstee
<br />shall apply the proceeds of the sale in the following Inder: (al ill all reasonable costs and expe(l%e% of the sale, Including, but
<br />mil limited In, T'rustee's fees of mot more than of the gros% sale price, reasonable attorney's fees and costs of
<br />title evide"c•e; (b) to ail %ums secured by this Decd Of I ruo; Hilt lei the excess, if am, to the person or Person% legalit cnrillcd
<br />thereto.
<br />19.
<br />Borrow
<br />er's
<br />Right In Rio have. Not' Ahst.tnding I ender s ra cler.uron of th •.nor, r, moll by III,, herd ,d 1 nisi.
<br />;'illNorrower shall have thi right c have any 1 roreednigs begun by I under I,, cnl„n c this D,r,l r,l 11-1 .1 ... .,ntimred .0
<br />any tone poor" to the tr ;u be Gn occur of hl the ht,b Jay before re tht �.dc rl the I'toperiv larnwmt trr the j,,,u .r •f a,Oe , riot unr,l
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