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<br />83--4 t)UU~~:~'•
<br />9. Condemwatlon. 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 shad be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to [he 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 Harrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Truss 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, afer 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 />maned, 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 I and 2 hereof or change the 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 [his 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 Ehe original Borrower and Borrower's successors in interest. Lender shall not be.requited 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 Ttvst by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />Il. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise affoMed by applicable law, shall not be a waiver of or preclude the exercise of ary such right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens or charges by [.ender 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 [o any other right
<br />or remedy under this Deed of Trust or afforded by law ar equity, and may he exercised concurrently, independently or
<br />successively.
<br />l3. Sacceasors and Assigns Bound; Joint and Several LiabBity; 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 i 7 hereof. All covenants and agreements of Borrower shall he join[ and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />44. Notlce. Except for any notice required under applicable lain 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 reyuested, 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 />I5. Uniform Deed of Trust; Governing Law; Severabilih~. This form of deed of trust combines uniform covenants for
<br />^a[ional 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 [hat 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 Decd of Trust or the Note which can he given effect without the rnnflicting provision,
<br />and ro this end the provisions of the Derd• of Trust and the Note are declared to be severablt.
<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. Travsfer of the Property; Arsumpffoa, If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding 1 a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, fb) the creation 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 td) the grant of any leasehold interest of three years or less
<br />not containing an option [o purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediatel}• due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender
<br />and the person fo whom the Property is to 6e sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to !.ender and that the interest payable on the sums secured by this Deed of Trust shat! be 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 agrcement accepted in writing by Lender, Lender shall release Borrower from
<br />aI! 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 Icss than 30 days from the date the notice is mailed within
<br />which Borrower may pay [he sums declared due. If Borrower fails to p:ty such sums prior to the espiratian of such period,
<br />Lender ma}', witfiout further notice or demand on Borrower, tm~oke any remedies permitted by paragraph IS hereof.
<br />NoN-U~teoat.+ Cavt veNTS. Borrower and Lender further covenant andrgree as follows:
<br />I8. Accekratiow; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, includialc the cw•enants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided iw paragraph 14 hereof specifying: (i) the
<br />broach; (2) the ectian required to cure such breach; (3) a date, not lens than 30 days from the date fhe notice is maned to
<br />Borrower, by which such 6reacA mtnY be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notke may result in aceektation of the surrn secured by this Died of Trust and sale of the Property. Thr notice
<br />shall further iaiorm Borrower of the right to rcirtslate after accekration artd the right to bring a court action to assert
<br />the aoa-existence of a default or any other delouse of Borrower to acceleration and sale. tf the breach is not cured
<br />ow or before the date specified in the noticr, Larder at ixwders option may declare all of the sums secured by this Deed
<br />of Trust to be immediately due trod payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applinble law. header shall 6e entitled to collect a6 reasonable costs and expenses incurred In pursuing the
<br />remedies provided in thh paragraph 18, iacludirrR, but no[ GmUed to, reasonable attoroey's fees.
<br />If fire power of sale is invoked, Trustee shall record a notice of default in each county in whkh fhe Property or some
<br />pars thereof is located and shill mall copies of such notice in the roamer prescribed by applicable law to Borrower and to the
<br />other persons prescribsd by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the persons and is the manmv prescribed by apptica6k law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and order the terms designated
<br />in fhe notice of sale ie one or morn ptrrcds and is such order as Trustee may determine. Trustee may postpone sale of a0
<br />or any parcel of the Property by pnhlk amauwcrrocnt at the time amt place of any previously scheduled sa.4. Lender nr
<br />1.radar's dca~aaa may parcha+te the Property of any sale.
<br />Ufa receipt of pyment of the price bid. Trostee shag deliver ro tae purchaser Trustee's deed conveying the Property
<br />sold. Tb+e rrcitak Gr fhe Tn~fer's drtd sba6 be prima fxk evidence of the truth of the statements made therein. Trustee
<br />shai• spp~x the of the stile is the foBowitq( order. (a) to all reananable casts and expenses of fhe ale, indudlrrg, bat
<br />not Broiled ta'~feetr of wot more flow 1 J 2 op 1, `~ of the Bross sale peke, reasottabJr attnrney'a fees and costs of
<br />ire rridrwcel tb) to all swras sceured by ibis Decd of Ttint; and (c) the excesa, U any, to tht person or persons legally endtird
<br />iheralo.
<br />14, Brurewer's ~ to Reirrrtate. Natwithuanding l.rnder's acceleratitm ut the sunx secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings began by Lender to enforce this Drrd of 7'rtrv discununued :+t
<br />any titrtc prior to iho natliat to decor of fi) !ha fiftfi day brforo the saM of the Pmpeny parsuaat ra the power of sale contacted
<br />inlhis Dead of Trust or till entry of a jttdgmrnt enforcing this Dred aF Truu if; (a) Barrrrwrr pa>•s Lendrr all sums which wotdd
<br />bm then dttq tttakr [#is Dacd of TrusE, fhe Note and notes scctsrins Future Adaanras, if any, had no atccirraurNt rxcurred;
<br />tb) Btxrowrr cures sit breaches of any alhrr covenants ar agreements itf' Barrav.tr contained en this Drrd of 7ntxt:
<br />}c) Bc[frawar paps ail rrasnna6ir eepenscx incurrrtt by Itnder and Trusttt in cnforcinpt the ;•ovenants and agreamrnts t+t
<br />Burrower contatned in this Drrd of Trust and in enforcing Lcndet's and Trustee's rentrdi€. as provided! in paragraph IF
<br />a,~raf. itrehtdittp, but mu hmiteti to. reasanaiaie auorrtey's Errs; and fill irnrnrwrr taxes aura actin as Lrntict rts. r
<br />Ca4i~niihi}
<br />rrg2ltrY e4 atxars !}Sat tlSr llin Vf tills 17tsed of Trost, l.rndcf'S !n[rrrit In the Property and Barrowrr'Y t+bllgatfatl ti+ I?av
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