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<br />85--° 0061 ,11
<br />9. Caoieawafiao. The proxeais of any award or claim for damages. direct or consequential, in connection with any
<br />�tian or other taring 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 be applied to the sums 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 />taring beats 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 snake
<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 />tamed Leader is authorized to collect and apply the proceeds, at Lenders option. either to restoration or repair of the
<br />Property or to the stuns secured by this Deed of Trust_
<br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall net extend
<br />or the due date of the monthly installments referred io in paragraphs 1 and 2 hereof or change the amount of
<br />��.
<br />111. go own Not Release 1. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by i_ender to any strcxsscr in interest of Borrower shall not aperate to release. in any manner.
<br />the liability of the original Borrower and Borrower's successors in interest, mender shall not be required to commence
<br />prooeediags against such successor or refuse an extend time for payment or otherwise modify amortization of the sums
<br />sac mecl by this Deed of Trust by mason of any demand made by the original Borrower and Borrowers successors in interest
<br />11. Eariearance bg Ienier Nat a tllativer. Any forbearance by fender in exercising any right or remedy, hereunder. o :
<br />tthet, rise affotdod by appGcabk taw, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />Thee proctuennest of ithsuranct or the paymmnt of taxes or ether liens ar eharges by fender shall not be waiver of lender:
<br />right io aoxtaate rife maituity of the indetuedness secured by this Deed of Tnist.
<br />13 Resoles Cntnttisndye. Ail rem�ies provided in lots Deed of Ttttst are distinct and cumulative to any ,ether right
<br />or ttntedy' under this Deal of Trust or afforded by Saw or equity, and may be exercised concurrently, independently or
<br />sfscc�essively '
<br />13. Socceiners and .4m*m Roes : Joint and Several I1ahilit}: Captions. The covenants and agreerncnts hercm
<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 shad' i,c ;pint and several
<br />The captions and headings of the paragraphs of -this Deed of Trust are for convenience onh and are not to i,r used to
<br />interpret or defuu the provisions hereof.
<br />1d. led re. Except for any notice required under applicable law ro be 6i cr, in another manner. ear an notice ro
<br />Arrrower provided for in this Deed of Trust shall lic given by mailing such notice by certified mail addressed to Borrower ai
<br />the Property Address or at such other address as Borrower may designate by notice to I_cnder as provided herein. ana
<br />ib) any notice to lender shall he given by certified mail, return receipt requested. to Lenders address stated heron or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for m the.
<br />Deed of Trust shall be deemed to have been given to Borrower or lender when riven in tfie manner designated herein
<br />13. Um*oes Deed of Trost: Governing Iiw: Severabblity. This form of deed of :rust combines .imf orm covenant, 'or
<br />national use and non - uniform covenants with limited variations b,. jurisdiction to constitute a uniform security -nstrumeni
<br />covering real property. This Deed of Trust shall he governed h% the law of ;he jurisdiction in which *.he Property is located
<br />In the event that any provision or clause of this Decd of Trust or the Note conflicts with applicable law, such mgiri shat;
<br />rot aftaa vnioale ul..Iftjti Decd of Trust or the Note which can he _raven effect without the conflictin n oyivx•n.
<br />and for iMdtyid C p otttt tmtlre Dee d of Trust antl he tote are declared to he severable.
<br />1% eirhall be furnished a conformed copy of the Note and of this Deed of Trust a. the ttme
<br />of e" hcie:aff.
<br />#V. Tvain" ot71is1lsu�etty :Assumption. bf all for am part of the Property or an freezes *. *honer s sold or aaasterre s
<br />by Borrower wdthm tender's prior written consent, excluding i a i the creation of alien or encumbrance suhordmatc to
<br />this Deed of Trust. (b) the creation of a purchase money securty interest for household appliances, is t a transfer by do +Ise.
<br />descent or by operation of law upon the death of a ;pint tenant or f d) the grant of any leasehold interest of three years or 1es+
<br />not containing an option to purchase. Lender may, a1 1 ender's option. declare all the sums secured b,. this IX-ed of True , be
<br />immediately due and payable. lender shall have wzrved such option to accelerate if. prior to the sale :,r transfer. fender
<br />and the person to whom the Property is to he sold or iransfetred reach agreement in writing •hat :he credit o f ,u rent' ^n
<br />is satisfactory to lender and that the interest payable on the suety ,ccurci by this Deed of Trust shalt he at s+cn -ate a,
<br />lender shall re quest. 1f Lender has waived the option a accelerate provided it Gras paragraph 17. and if Borrower's success.:
<br />in interest has executed a written assumption agreemeent accepted in +s. icing by Lender. Lender shall release Borrower 'r, -m
<br />all obligations under this Deed of Trust and the Nate
<br />If lender exercises wch option to accelerate. Leader shall !nail Borrower notice of acceleration in accordance a;rh
<br />paragraph 14 hereof. Such notice shall pri vide a period of isr,i I•,ss ,hart X11 days from the date the notice is mailed wrthir
<br />which Borrower may pay tine sums declared due. 11 Hoi-,ower 1a.i. iii nay, such sums prior to the ex*iratio, of such nerina
<br />Lender may, without further notice ar demand (in Anrrower. •n - -kv :+m, remedies permitted t v paragraph l9 hereof.
<br />Nos- L'tstiolitm CovF_wr,xas Borrower anti Lcnder :uriher ::,, enant trod agree as foilows.
<br />It. Acceberalion; Remedies. Except at. provided in paragraph 17 hereof, upon Borrowers breach of any eoyenaat or
<br />aRreeraewt of Ronower in t is, Duel of Tnxit, including the covenants to pay when due any sums secured by this Oved
<br />of Trot. Lender prior to acv operation shed mail notice so Borrower as provided in paragraph 14 hereof specifying: T 1) the
<br />breack f2) the arKea required to care such breach: 13) a date, not lass than 30 days from The date the notice is mailed To
<br />Rnsimnier, by wbicle such breath amrst be cured; and I4) that failure to cure such breach on or before the date specified
<br />hs tit andce atuy result in acceleration of the sums secured by this Deed of Trust and safe of the Property. The matiice
<br />11.60 fuedw inform Notrower of the rigbt to reinstate after acceleration and the right to brig a court action to assert
<br />die non- eslsteace of a defank or any otber defense of Borrower to acceleration and sale. If the breach is mat cased
<br />on or before tlm dale sjecffbed en the notice. I ender at Leuder's oinkm may declare aN of the suet secured M this Hires
<br />of Trent to be immediately doe and payable without further demand and may invoke the power of sale and any other remedies
<br />prrts'no h applicable Jaw. Lewder shah be enlitfed to collect all rrasonable cosh aand expenses incurred in pursuing the
<br />renedks prwsided kt this paragraph 19. including. bat oft limited to. reawastsk attorney's fee%.
<br />N the power of sale b issahed. Trwdce %hall record a notice of default in each counh in which the Property or come
<br />port dieaeof is located and AuM mail copies of such notice in the manner prescribed by applicable law to Burnout and to the
<br />trqur persans prescribed by applicable law. After the lapse of wch time as may he required by applicable law, Trustee shah
<br />gisv pWk notice of ask to rite persoms and in the manner prescribed by applicable law. Trustee. without demand ern
<br />filona+rer, &60 in* the property at pWAic auction to the hisibrst bidder at she time and placr and under the terms designated
<br />in qtr notice of aide In ale or more ppssreeIs and bn -inc•h order as Trmstre may determine. Trustee may postpone sale (d all
<br />of any pwvel of the property by public anwaowrement at the tierce and place of am pre,imaslr scheduled sale. lender or
<br />i.e" s dewiguee ray purcbate the Property m any %We.
<br />tipat receipt of payment of the price bid. Trostte shall deNyer In the purchaser Trustee's deed coa%eyitg the Proprrt}
<br />sold, i'bt reeilak in the Tru lees deed shall be prima facie rvidence of The truth of the slalements made therein. Trusty
<br />sbW apply Net proceeds of The suit In the fallowing order: (a) to aN reasonable tosh and expenw% rf the sale, including, bat
<br />not Naabled to. Troo to s fair of not store than "r of the gross oink price. reasnnabk atsorney's fees and nests of
<br />dot evidence, (b) to alt win+ wared In lbbs Deed of Trust: and se) the once% ,.. If am, to the person or prrsoas legally entitled
<br />tbtdaio.
<br />19. lorre"es aight to Rrkawale. ,,ofwithomiding I ender', i,tOcrataa, ,,t the ,utm wicured hx ihi. Deed of Tani
<br />$f,rrr,wcr vhail have the sighs ac+ have any prncceding, ingun by I coder t„ enforcv this Deed of i'rit,i d :sci•r•rim,Cd ai
<br />.any rinK pe +imp I() the ceflicr to incur rd lit the fifth dap hvfore the ,cafe (if the F'n,periv ;,timiaat t(. the i—cr of ,ale ,.'naairrrd
<br />in this Deed of Trust of fn)colmof a prdgment t•nfr,rung ihi. Derd,4 'ifrist if tar &,rrower par, I oidci all,wn, i.h,rh ut.ui,'
<br />he when d(r sender thus I_k-ed iii 1ruur. the Nr,te tend ?wlv, Future Ad.ancc, .f .,n•., had , , auclrratmtt +tc, iirerti
<br />it,i Nom,µ r cures all hicaohcs i ^II any, mhrr co,crr:anl, avrvemcm, of finrrv,ci imtativctl in itu, Decd t,f ftu,t
<br />) ft ilviwrr pa3w x11 icAvruehie CiTlensc, in<. tr .i h" I i scr d Trii,tec in and aa.r -cwt ea,
<br />I3r :rt fr.we•r s,+rHanird iii rhik Wed r) Trite.{ .a sil ,'i enti r ,c I r itlr. .,,id f r �,'t•r 1„cc9a;, a ,�.tcd ri I yi •.ir-i; ' 'to
<br />tern: :,f imz.l.a,,4�na i7aa', pc =t 4fttirrd te,, rc:aMCrnallc , +it +,rot • `r,, .end ''I µorr+ai• al<i +. .ugh :+� ,, ? xis {, -t +n: _.,. .,�.
<br />.y. t a., .r. ha! 'hc ,let .1 'bias T)reil rr :r.t . ,d,, n.,•r.l i,• I. _,,,,1 lII �i :.,t .blig _.
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