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<br />83_001J,_,;
<br />9. Ceademnadoa, The proceeds of any awa,d or claim for damages, direct or consequeotial. 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 sball be paid to Lender,
<br />In the event of a total taking of tbe 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, 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 tbe sums secured by this Deed of Trust immediately prior to the date of
<br />taking bean to the fair market value of tbe Property immediately prior to the date of taking, with the balance of the p,oceeds
<br />paid to BolTOwer,
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to BOlTOwer 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 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 Bo,rower 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 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 nOl 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 BOfi'ower's successors in interest
<br />11. ForbearaR<:e 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 tbis Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equilY, and may be exercised concurrently, independently or
<br />successively,
<br />13. Succeaors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreemenls 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 17 hereoL 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 conveoience 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 be 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 sucb other address as Borrower may designate by notice 10 Lender as provided herein, and
<br />(h) any notice to Lender shall be given by certified mail. return receipt requested, to Lender's address stated herein or to
<br />such other addr..s 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 />IS, Uniform Deed of Trust; ('riJyerning Law; StyerabiDty. This form of deed of Irust combines uniform covenants for
<br />national use and non-uniform covenants with Jimited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property, This Deed of Trust shall be governed hy Ihe law of the jurisdiclion in which Ihe Property is located,
<br />In Ihe event that any provision or clause of this Deed of Trust or the Note conflicls witb applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,
<br />and to Ihis end the provisions of the Deed of Trusl and the Note are declared to be severable,
<br />16. Bormwer's Copy. Borrower shall be furnished a confo,med copy of Ihe Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof,
<br />17. Transfer of tile ~rty; Assumption. If all or any part of Ihe Property or an interest therein is sold or transferred
<br />by Borrower without Lender s prior written consent, excluding (a) the creal ion of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security inlerest 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 inter..t of three years 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 be
<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 he sold 0' transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payahle on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall request. if Lender has waived the option to accelerate provided in Ihis 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 TrUSI and the Note,
<br />If Lender exercises such option to accelerate, L.ender 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-UNtFORM COVENANTS, Borrower and Lender furlher <-ovenant and agree as follows:
<br />18, Acceleration; Remedies. Except as provided in JIlII'8llraph 17 he,"f. upon Borrower's breach of any covenant or
<br />"Irtement of Borrower in this Deed of Tl'U5t, including the covenants to pay wben due any SIllJU! secured by tbis Deed
<br />of Trust, Lender prior to acceleration sha1l mail uotkt to Borrow", as pmvided in paragraph 14 hereofspe.eifylng: (1) the
<br />brta<.-h; (2) the actioa required to cure such breach; (3) a date, not less than 30 days from the date tbe notice is maiItd to
<br />Borrower, by which such brta<.-b must be cured; and (4) thai fallure to cure such breach on or befOre the date spedlied
<br />in tbe nutlee may result in aeceleratioa of Ibe _ secured by Ibis Deed of Trust and sale of the Property. The notice
<br />shall furtber inform Borrower of tbe richl to reinstate afler accel",ation and the right to briDg a court action to assert
<br />tbe _-existence of a defauit or any otb", deftIISC of Bormw", to accelerallon and sale. If tbe breach is not cured
<br />011 or before the dale speeifitd in the nollee. Lender at Lender's option may declare all of the sums se.:ured by. this Deed
<br />of Tmst 10 he Immediately due ad payablt without funher demand and may illvoke the power of sale and allY other remedies
<br />permllltd by applicable law. Lender shall be entitled to collecl all reasonable costs and expenses illcurrtd ill pursuiDJI tile
<br />....metties pro\'ldtd in this paragntph 18. iIldudina, bot not Umittd to. reasonable attorney's fees.
<br />If lhe power of sale is "IYoked, Trustee sha1l record a notice of default in eacb county in which Ihe Property or some
<br />parttllereof is Iocated...d sbaII mall copies of su<:h notlce in the manner prescribed by applkable law to Borrower audto the
<br />oI....r persoos prescribed by applicable law, After I.... lapse of such time as may he required by applicable law, Trustee sball
<br />give pullUtllotice of sale to ..... persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Bo........... sbaII sell t.... Property at public auction to the highest bidder at the time and place and under the terms designated
<br />intbe notice of salela _ or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all
<br />or ..., .....<<J of the Property. by polllic announcement al the time and place of any previously scbedoled sale. Lender or
<br />Le...... ~ntay pIItCIIMe the Pmperty at any sale.
<br />U.... n!Cdptof pay_ of tile price hid. Trustee shall deli,,"r to the purchaser Tr...tee's deed conveying Ihe Propeny
<br />$!lIol.. TIleredlakltt I"" Trustee's deed sbaII .... prima facie evidence of lhe troth of Ihe statements made therein. Trustee
<br />~.' ......~ of..... sale ill I"" f..uowinJI order: (a) to all reasonable costs and expenses of the sale, includi..., but
<br />'*lIItiiIIH.to. Truotee's .'- of not more tIIan. 1/2. 0 f 1 % of lbe gro... sale price, reasouable attorney's fees and COlit. of
<br />ilde~lOOill"__liredby this Deed of Trust; and (c) the .xceq, It any, 10 tile person or persons Iegal.ly .nlitted
<br />......
<br />.. IJ. ~,"r'11ltcbt ...Re'-, Notwithstanding t.<:nder's acceleration of the sums ,"",ured by this Deed of Trust.
<br />Borrower ,hall have the right to have any proceedings begun hy Lender 10 enforce this Deed of Trust dilc.ontinued at
<br />any. !ittlePfior to.the eadier to Occur,of (i) the fifth d..y beh>re the sale of the Property pursuant to the power of sale contained
<br />'&IIlia~,,{Trllil..r {1I)entry.of alud&mentenforc'ng th.. Deed of TrU$/'(' (a) Borrower pays Lende, aU sums which would
<br />b!;t",* ~\ltId4lrtbis lMdof Tr\f$l, the Note and not~." securing Future Advanc<:s. if any, had no acceleration ""curred;
<br />(b)Bof_ cum all bFeac1l<:. of allY other covenant! or .,1_ents of Borrower contained intni. Deed of Trust;
<br />I~) llolr- ~}'Oal! ro_ble e~~iQi:urred by tender and. Tn..tet in e"((lremg the CQwnant> and agreements of
<br />Bor~ (;OIi~~m /~ Deed of Tttl$t and in em(lKin. Lende6 and Trustee', remediel; .as provided III paragraph 18
<br />~, IN:t..di.tllJ. btlt not.llI!Jtllld 10, ~Ible at_y'. fee,; and !dlBorrower ,.k.. ,...h acllt'll "" Lender mav rea."onablv
<br />"'It!I1R./o _ thallbe bcon 011"'- Deed 01 Tr~ Lender', .nt"rest in the Pn'p.wy and Borrower', nblil1.;ti,'" "' pay
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