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85= 001838
<br />9. Condempa4ion. 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
<br />and
<br />shall be paid to Lender. in lieu of condemnation, are hereby assigned
<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 />f with the excess, if any, paid to Borrower. In the
<br />event of a partial taking of the Property, unless Borrower and Lender
<br />Otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such
<br />as is equal to that
<br />proportion of the proceeds
<br />proportion which the amount of the sums secured by this Deed of Trust i mmediately prior to the date of
<br />taking bears to the fair market value of the Property immediately
<br />paid to Borrower. prior to the date of taking, with the balance of the proceeds
<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
<br />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 dueadatBofrthe monthlytinstgllment referred writing, no
<br />ortchangeslthel
<br />such installments. in paragraphs I andr2chereof amount of
<br />10. Borrower Not Released.
<br />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
<br />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
<br />proceedings against such successor
<br />commence
<br />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 />1 I. Forbearance by Leader Not Waiver.
<br />a Any forbearance It 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
<br />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 Trust
<br />of .
<br />ively. dare i he Deed ofeT Trust ornaffo ded by lawnor11eg Deed distinct and cumulative to right
<br />and
<br />su ce u equity, mayabe
<br />successively. ercised concurrently, independently or
<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,
<br />the respectve successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All coven:nns and agreements of Borrower shall be joint
<br />The captions and headings of the
<br />and several.
<br />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 laK w be given In another manner, (a) any, notice to
<br />Borrower provided for in this Deed Of Trust shall he by
<br />given 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 1
<br />Ib) any notice to Lender shall he
<br />-ender as provided herein, and
<br />given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower
<br />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 />Is. Uniform Deed of Trust; Governing Law;
<br />Severability. This form of deed of trust combines uniform covenants for
<br />national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he
<br />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 (it Trust or the Note conflicts with
<br />not affect other
<br />applicable law• such conflict shall
<br />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
<br />are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed
<br />of execution or after recordation hereof.
<br />copy of the Note and of this Deed of "1 rust at the time
<br />17.
<br />Transfer of the Property; Assumpdona if all or any part of the Properts or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding
<br />(;I) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of it purchase money security interest for household appliances, (c) :I transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d 1 the
<br />grant of any leasehold interest of three year's or less
<br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to he
<br />immediately due and payable. Lender shall have waived such
<br />option to 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
<br />1% satisfactory to Lender and that the interest
<br />person
<br />payable on the sums secured by this Deed of 1 -rust shall he 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
<br />n interest has executed a written assumption
<br />successor
<br />agreement accepted in wri rig 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 ;I
<br />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 p;lv such sums
<br />Lender may, without further
<br />prior to the expiration of Stich period.
<br />notice or demand on Borrower, Invoke aor remedies permitted by paragraph IR hereof.
<br />NON- UNIFORM COVENANIS
<br />Borrower and Lender further covenant and agree as follows;
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof,
<br />upon Borrowers breach of any covenant or
<br />agreement of Borrower in this heed of Trust, including the covenants to pay when due any sums
<br />of Trust, lender prior to acceleration
<br />secured by this Deed
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a dale, oot less than 30 days from the dates
<br />breach
<br />the notice is mailed to
<br />"lust be acceleration of the aumsd secure
<br />noThe notice may result in
<br />hies 'Trust band hale aThscMnofied
<br />III
<br />his I) edruf ofrlhebefore
<br />Properiyf
<br />shah further inform Borrower of the right hr reinstate after acceleration and the right to bring a court
<br />the nun - existence of a default or any other defense
<br />action to assert
<br />of Borrower p1 acceleration and sale. If the breach iS not cured
<br />nn air before the date specified in the notice, Lender at Lender's option may declare all of the
<br />Of Trust to be immediately due
<br />sums secured by this Deed
<br />and payable wlthord further demand and may invoke the power of sale and an% other remedies
<br />Permitted by applicable law, Lender ,hall be entitled 10
<br />collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided In this paragraph 18, Including, but net limited hr, reasonable attorney's fees.
<br />If Ike Power of Sale is invoked, 'Trustee
<br />shall record a notice of default in each counts, in which the Property or some
<br />part thereof is heated and shall mail copies (if such notice in the manner prescribed by applicable Iaw tar Borrower and to the
<br />(Piker persons prescribed by applicable law. After the lapse 10 B
<br />Borrower
<br />of such time as may, Ire required Gy appl,
<br />rrid shalt
<br />law,
<br />give Public notice of hale to the persons and in the manner prewribed by applicable In %. Trustee, without demand
<br />Burrower, %hail sell the Property 31 public auction
<br />nn
<br />to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as 'Trustee
<br />or "ruslee
<br />may determine. 7 may postpone rule of Jill
<br />ally parcel of Ike Property by public announcement at the time and place of any previouSldulyd
<br />Leader's nee may purchase the Property y srhe
<br />at any sale. sale. fender of
<br />Upon receipt of payment of the price bid, Truxter Shall deliver
<br />'The 't'rustee's
<br />40M. III the purchaser deed eoriv,"ing the Property
<br />recitals in the 'ITasteeN deed shall be prima facie evidence of the truth of the slalemenis made therein. 'Trolls,'
<br />v y the proceeds of the sale in fire following
<br />order: (a) to all reasonable costs and expenses of the sale, Lrmluding, but
<br />MPi limited to, 'fruseee's fees of not more flint `; of the gross sale
<br />title evidence; till 10
<br />prier, reaminahil• atlorrley's fees and rusts of
<br />I�rtta.
<br />ail sums secured by this Deed off riw; and out the escevs, if any, to the per4oll Or per4m11% legallt
<br />entided
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