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85-009746
<br />9. Coodewaslion. 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 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 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 be applied to the sums secured by this Decd 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 />trailed, 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 />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 the amount of
<br />such installments.
<br />1 ®. Ito. wer 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 Borrower's 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 be 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 Aligns Bound; Joint sad Several LiabNity; Captions. The covenants and agreements herein
<br />containeu 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 be joint and several_
<br />The captions and headings of the 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 law to he given in another manner. (a) any notice to
<br />Borrower provided for in this Deed of Trust shall be given by 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 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 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 of Trust; Governer Law; Sevenbiiity. 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 security instrument
<br />covering real property. This Deed of Trust shall be 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 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 be severable.
<br />16. Borrower's 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. Trs•sfrrof the tn"y; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lenders prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of TrvsI_tb) the creafon of a purchase money security interest for household appliances, (c) a transfer by devise.
<br />descent or by 6peratj of lacy upon the death of a joint tenant or (d) the grant of any leasehold interest of three tears or less
<br />not containing an option to purchase, Lender` rtiav, qt 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 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 person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust 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 successor
<br />in interest has executed a written 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 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />13. Acceleration; Remedies. Except as provided in paragraph 17 hereof, apes Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any suns secured by this Deed
<br />of Trot, lender prior to acceleration shall mall notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action rewired to cure such breach; (3) a date, not less than 30 days from the disk the notice is misled to
<br />Borrower, by which seek breach must be cured; and (4) that failure to cure such breach an or before the doile speeded
<br />in the notice may resat in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice
<br />shad fordrer Inform Burrower of the right to reinstate after acceleration and the right to bring a court action to sneers
<br />the no wexiilanee of a defank or any other defense of Borrower to acceleration and sale. If the breach is not cored
<br />on or before one daft specified in the notice, Lender at Leaders option may declare all of the sums secured by this Deed
<br />of Trust to be imawdWAely date and Payable without further demand and may involve the power of sale and any other remedies
<br />pormdled by applicable low. Lender AM be chided to collect all reasonable costs and expenses incurred lu parseiaK *be
<br />remedies provided in this paragraph 19, Including, bbl not lunded to. reasonable attorney's fees.
<br />B are power of sale is invoked. Trustee sW record a notice of defsak in each county in which the Property or sane
<br />pmt tbneO is Heated and sMrN nail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by aPpdcabk law. After the lapse of such time as nay be required by applicable haw, Trustee shy
<br />give prhife under of aisle W Me persons and in the manner prescribed by applicable haw. Trustee, wdbout demand on
<br />Borrower, shag all ire Property at public suction to the higbest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or mom Parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or any pericel of the Proper y by public mmouacemeat at the time and place of any previously schedded sale. Lender or
<br />Lewier's daefa— tray purchase drc Property at any sae.
<br />Upon receipt of Payment of the price hid, Trustee AM deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The reclfak I. the Trustee's deed alan be prkna fuck evidence of the truck of the statements made there». Trustee
<br />shad apply the proceeds of die sale in the fodewing order: (a) to all reasonable costs and expenses of the sale, Gnclading, but
<br />net Umibd to, rm*Ws hoar of nut awn daub - % of the grow sale price. reasonable attorney's fees and cosec of
<br />dde evidence; (b) to ad sans termed by This Deed of Trust; and (c) the excess. If any, to the person or Persian leggy entitled
<br />tbafte.
<br />19. Borrower's PJW to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Decd of Trust if: (a) Borrower pays Lender all sums which would
<br />be then due under this Deal of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Decd of Trust;
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18
<br />hereof, including, but not limited to. reasonable attorney's fees; and Of Borrower takes such action as Lender may reasonahh
<br />require to assure that the lien of this Deed of Trust. Lender's interest in the Property and Borrower's obligation to pay
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