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.. 002810
<br />,- Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any
<br />condemnation or other taking of the Properly, or part thereof, or for conveyance in lieu of condemnation, 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,
<br />unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion
<br />as is equal to that proportion which the amount of the sums secured b) this Deed of Trust immeiat
<br />taking bears
<br />prior to the date of
<br />to the fair market value of the Properly immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />It 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 Lender's
<br />proceeds. at 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 1 and 2 hereof or change
<br />such installments.
<br />the amount of
<br />1 #- SO wet 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
<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 be required to commence
<br />proceedings against such successor or refuse to
<br />extend time for payment or otherwise modify amortization of the suns
<br />t secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />II- Forbtsranet by leader Not Waiver.
<br />a 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
<br />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. It*=@ ins Cnmadstive. All remedies in Deed
<br />provided this of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Twat or afforded by law or equity, and may be exercised concurrently, independently or
<br />sutxsesii
<br />137 and Arsigas Used; Joint and Several Liability; Captions. The covenants and agreement
<br />contained shall bird, and the rights hereunder shall inure to, the respective successors
<br />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 caption and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used
<br />interpret or dune the
<br />provisions bereot. to
<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 to this Deed of Trust shall be given by mailing such notice by certified
<br />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) any notice to lender shall be given by certified mail,
<br />return receipt requested, to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. An notice
<br />Deed of Trust .ball be deemed to have been given to Borrower rdesignated
<br />or Lender when given in the manner herein•
<br />lf. Utdfotren Dena of Treat; Governing Law; Severabllity, This form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenants limited
<br />with variations by jurisdiction to constitute a uniform security instrument
<br />covering rest properly. This Deed of Trent shall be governed by the law of the jurisdiction in which the Property is located.
<br />In Ibe event that any provision or clause this Deed
<br />of of Trust or the Note conflicts with applicable law, such conflict shall
<br />not sflusct When provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to this end the provisions of the Dead Trust
<br />of and the Note are declared to be severable.
<br />16- •orre►wsr'e Copy- 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. Tr'a■sfer of the y; Aaww . If all or an
<br />�~ , P� y part of the Property or an interest therein is sold or transferred
<br />by Borrower without Leader a prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation
<br />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 container an option to
<br />an Lender
<br />purchase. may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately and Payable. Lender shall have
<br />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
<br />is Satisfactory to Leader and that the interest payable on the sums secured by this Deed
<br />Lender Trust
<br />of shall be at such rate as
<br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in intstrest has executed a written assumption agreement accepted in writing by Lender, Lender
<br />AM oblillatiOnS, under this Deed of Trust and the Note. shall release Borrower from
<br />It Lender exercises such option to accelerate. Lender
<br />shall mail Borrower notice of acceleration in accordance with
<br />Pua``raph 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 pey the sums declared due. If Borrower fails to pay such sums to
<br />Lender
<br />prior the expiration of such
<br />r may, without further notice or deemed on Borrower, in%oke any remedies permitted b period.
<br />Paragraph 18 hereof
<br />.
<br />Nor+- Upimoam COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />IS. Ace k. Remedies. Esctpi
<br />as provided in paragraph 37 hereof, upon Borrower's breach of any coveruual or
<br />rtemsM of Borrower M I" Deed o That, including the covenants to pay when due say sums
<br />Try. Lender
<br />secured by this peed
<br />prior to acceleration shall mail notice to Borrower as provided M patagrspb 14 hereof specifying: (1) the
<br />breach; (2) this action required to curt such breach; (3) a date, not less than 30 days from the date the notice s ailed to
<br />Borrower. by which Such breach must be cured; end (4) that failure
<br />to cure such breach on or before the dale specified
<br />M the nmke say resell M acceleration of the sums secured is% this peed of Trust and sale of the Properly. The notice
<br />AM further IDIOM Borrower of the right To reirustate
<br />after acceleration and the right to bring a court action to assert
<br />the natasaatlstenes of a default or as) Giber defense of Borrower to acceleration and sale. If the breuh hi not cored
<br />06 Or he date specified its lb* sotke, Lender
<br />of Trust at Lender's option may declare Asti of the sums secured b)' this Deed
<br />Imtnedblsly doe and payable without further demand and nay Invoke the power of sale and any other remedies
<br />pervahled by teppllcahle law. Leader shall be
<br />entitled to collect all reason"It costs and expenses incurred in pursuirng the
<br />MM*" prrOVWAd M 1111111 psragrapb 11, locluding, but not limited to, reasonable attoror)'s teen.
<br />N this Power of ask Is Invoked, Tree shall record a notice of default in each county in which
<br />p tdnenof r loud
<br />the Property or some
<br />and shill awaM copies of such noeke In the manner prescribed ►) Applicable bw to Borrower and to the
<br />other Maw prescribed by applicable Mw. After the lapse of Such time as may be by In law, Trustee shall
<br />Iwo pubUc *Wks of seek to this persons sad in the manner prescribed by
<br />apple
<br />rr, loll sell the Properly N paw=' suction 10 the hlghest bidder at the time and Vw' Trunde, without demand on
<br />M the tsotice of axle M one or more puctIs sod in such order as Trustee may tttermia .. Trus ee e) the
<br />tbProperty by t tall
<br />postpone sale of
<br />pa ana�outcemtnl at The time and place of an) pnvioualy
<br />4 ��� y purchase the Pro rty at say seek. hedaled sale. Lender or
<br />nee of paymeal of the piece bid. Trustee shall deliver to the
<br />.Upon
<br />purchaser Trusitt's deed conveying the Property
<br />T�ihtt M the TruNte's deed &W be prime face esidence of the truth of the ststtmentb made therein. Trustee
<br />r11asM any the�ruc"411 of the sak M lbe following order: (a) to all reasonable cogs sad expenses of the
<br />1111 WndIN to. T trttsal#As fees Including,
<br />ask. but
<br />of not men thsa °I of the gross sale price, reasonable attorney's fees and Busts of
<br />dds tvil/tncr (►) N tut awns secured bs This peed 1 Trust: and le) the tee
<br />�melo• ess, N say. M
<br />person or persons legally entitled
<br />1t1• Borrower's Right to Ra:iatttate. hlotwlthsrandrng Lender s acceleration of the soma secured by this [Bed of `Trust
<br />Borrower shall have the right to have any proceedings begun by Lender
<br />to enforce thn Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (1) the fifth day before the %ale of the i'ro n
<br />In this Deed of Trust or (11) entry of a jud meat enforcing thin Decd of Trust if Pro: (a) erly P%er
<br />OMaj
<br />be then due under Ibis I)ttd 7fust. %t l 1x
<br />t
<br />of poly end all sl.un% wlr, >r I d
<br />the Nate and notes securink Future Advance%, If an), had no acceleration oc,urlcd.
<br />(bl Swrower cures all b►taches of any other covenants or a`reement% of Borrower contained
<br />k) 80rrower Pays all reasonable 'ir%eet
<br />#
<br />Ili the% tfeed of
<br />expenses Incurred by !.ender and Tnutee in enforcing the cc9�elyant% arm agreements oP
<br />itts sWtr ccutralntd in Ityli Deed a »r'rrusl and In tnf.+rcrrP` 1 ender'b and Trustee'% Irn%edlc% as
<br />tires /, Including. but not limited err. bk
<br />I)6UOIdCd In i,a ►a�jlaph IN
<br />attorney's fees. and td) Horrcfwer lakca
<br />require IQ ire that the ten of tha Datd o/ `trust. !.ends► °s interne In this Pr uaeh action as Lender n1aY reasmjahll
<br />open% and Blerruv.rr,% 1%Mllgatlran Iu pa)
<br />
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