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<br />83--0U1523
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<br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection will) 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 he 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, unless Borrower and Lender
<br />otherwise agree in writing, there shall he 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 />taking hears 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 ma~e
<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 0' 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 paragrapbs I and 2 he,eof or change the amount of
<br />such installments,
<br />10. Borrower Not Released. Extens.ion of the time for payment or modification of amortization of the sums secured
<br />by this Deed of TrlL.'\t 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 intcrest. 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 origlOal 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 he a waiver of or preclude the exercise of any such right or remedy.
<br />1be procurement of insurance or the payment of taxes or olher liens or charges by Lender shall not be a waiver of lender's
<br />right to accelerate the maturity of the indebtedness secured hy this Dccd of Trust,
<br />12. Remedies Cumulative. All remedies provided in this Dt,.ed of Trust are distinct and cumulative to any other right
<br />Of remedy under Ihis Deed of Trust or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively,
<br />J 3. Sucaswrs and Ass... Bound; Joint and Seve'ra' Liability; Captions. The I,,:ovenants and agreements herein
<br />contained shalt 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 ot this Deed pi Trust are for convenience only and are not 10 be used to
<br />interpret or define !be provisions hereof.
<br />14. Notice. Ex.cept for any notice requtred under appilcable 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 hy ccnified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate hy notice to lender as provided herein, and
<br />(b) any notice to Lender shall he given by certified mad, return receipt requested. to Lender's address staled herein or to
<br />such other address as Lender may designate by om ice 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. Unifonn. Dftd of Trust; Governift2 I.aw: SeverabUity. ThIS form of deed of trust combines uniform covenants for
<br />nationa.l use and non-uniform covenanls wilh limited variations by Jurisdiction to constitute a uniform security instrument
<br />covering real properly. This Deed of Trust ~hall he governed hy the law of the Jurisdiction in which the Property is located.
<br />In lhe evenllhat any provision or clause of this Deed of Trust or the Note ~onfhcls with applicahle law, such connict shall
<br />not affect other provisions of this Deed of Trust or the NOle which can he given effect wilhout the ~onflicting pro\'ision,
<br />and to this end the provisioDll of the Dccd 01 Trust and the Note are declared to he severahle,
<br />16. IIGm>wer's Copy, Borrower shall be lurnlShed a n)nlormed copy 01 the Note and 01 this Deed of Trust "t the time
<br />of execution or after recordation hereof.
<br />.7. 'l'r.-fer of the Property; AI5UIIIpIioa. If all or any part of 1he Propen\' (lr an imerest therein IS sold or Iransferreu
<br />by Borrower wilhout l..ender's prior wriuen consent, e.\l:luding i a) (he: creation \If .:I lien 1,)( cncumbram.:e subordinate to
<br />this Deed of Trust, (b) lbe creation ot a purchase money se\:urlty interest for household appliances, (c) a transfer by devise.
<br />descent or by operalion of law upon the death of " 10lOt tenant or I d) the grant 01 any leasehold interest of three years or less
<br />not containing an option 10 purchase. Lender O1a)', al l.ender's oplion, declare alllhe sums secured hy this [X-ed of Trust to be
<br />immediately due and payable. Lender shall have wai...ed sUt.~h option to accderate if. prior to Ihe sale or transfer, Lender
<br />and the person to whom....lhe Property is 10 be sold or transferred re'ac:h agreemem In writing thai Ihe \..'redit of such person
<br />is satisfactory to Lender and that lhe Interest payable on the sums. scc.:ura1 v,y this Deed of Trust shall he at such rate as
<br />lender sbaH request. If Lender has waived the option to aCt.-eleralc provided in thiS paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in wriung hy 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, I.ender ~halI mail Borrower notice of aC\."eleration in ~Iccordancc with
<br />paragraph J 4 hereof. Such notice shall prOVide a perioo of n\H k~s than .iU days from [he date the notice is mailed within
<br />which Borrower may pay tbe sums declared due. If Borrower Luis to pay ~uch ~ums prior 10 the expiration of such perIod,
<br />Lender may, without funber notice or demand un Borrower, IOvole an) remedies permitted by paragraph 18 hereof.
<br />NON-UNifORM COVE_NANTS. Borrower and Lender lurther \:'o"cnanl and agree as. follows;
<br />18. Ac<elenollelo; R~medieo. .;X<~pt.. provided in _....... 17 hereof, upon Borrower's breach of aoy <ovenanl Dr
<br />._1 of 8om>wer in litis Deed 01' l'n&st, iocludiac lhe <0'_ to pay when due any SWlUi secured by Ihis Deed
<br />01 TrlISl, Le"'r prior to ac<eleration ....... mail nolice 10 Borro..u .. ,ro.ided In .......ntpb 14 hereof spedfyin&: (I) the
<br />a.rea.,1a; (Z) lite action required 10 cure such bft..,h; lJ) a dlde, _ I.... I..... JG dlI)$ from lhe dale lhe notke is maUed to
<br />IIGm>wu. by ..hich such bftach _ be ~und; ..... (41 lhal f"lIft 10 cure such b",ach .... or before the dale spedfied
<br />I. tlte nollcc IlI8,)' resull In accderallon of I.... ..._ _ure4 bl Ibis need of 'frust aad sale of lhe Property. The nolke
<br />...... further iaf_ Borrow~r of the ricltl 10 reiostate after acceleration aad lhe ricbt 10 brina a ~ourt action to ....rt
<br />lite OOII-exlslence of a deflllllt .... any ocher def_ of Bono..er to """Ieration and sale. If Ihe breach is nol cured
<br />OIl .... bel_ tlte date spedlied in lite nollcc, Le..... at bnder'. oplio& mal declare .u of lhe su_ seeured hy Ihis Deed
<br />01 Trust 10 he l-aiatdy dne .... Pllyable witlMul fun....r demand .... may in.....e lhe power of sale aad any oIher remedies
<br />peI1IIi<<e4 by applicalIIe law. Leader sIIafl he eat1t1e4 10 colhd .u ........... eosts and expe_ Incuned in p..rsulng the
<br />reJHdia pm.ided In litis JlIUlItlraplt 18. lad....... hut _ limited to, ..-...... aft"""'y's fees.
<br />If the power 01 sale is invoked, Trustee ....... record a _ice of defaull in eadl ~ounly in which lhe Property or some
<br />pllrt Iltereot Is located .... ....... IlIIIiI copies of suelt nollcc in lite m..""r prescribed by applicable law 10 Borrower and 10 the
<br />OC... penoIlS prescrilled by appIIcaItle law. After the lapse of such ti_.. may he required by applicable law, 'frust"" shall
<br />&lve pIIlIIk: nollcc 01 sale 10 lite ~ .... In the _r prescribed by applicable law, Trustee. wlthoul demand on
<br />lIenower,.........D I.... Property at poohIIe.....tIon lolhe hlahest bldder allhe ti_ .... place aad .....r the Ien& desi&Dated
<br />Ia lItenollcc of sale In ..... OF _ pooreels and ia such order as Trust.., may ddenalue. Trust<< may postpo"" sale of aU
<br />or _, f'II"d of t.... Property by poahIk _ace_at at tlte ti_ and place of any previoll5ly scheduled sale. Lendu or
<br />Lendel"s desipN IlI8,)' "",,'-e lite """"'ny at lIII:J sale.
<br />Upon receipt of pay_at of tile pri<e bid, Trust.., ....... delh'er 10 lhe pore........ Trustee'. deed conveying the Property
<br />sold. TIle nc:1Ials In I_ TnoIIIl....'s doe4 slulIllle prima facie ..ideuce of the lnalh of the __enls made therein, Trust..,
<br />........., ..... proeee4t 01 ..... sale In t_ follow" order. falto .u relI!IiOII8hIe costs .... upe_ of the sale, includlllf!' bUl
<br />- ..... to, T_'s f..... of _ _ lIIan . 05 % of lhe II..... sale price, re............ anomey's fees aad ~osls of
<br />tlIIe ~ (to) ... .. _ ....,...... by litis Deed of Trust; .... (e) lhe U<eSO, If any, to the penon or penons qaJly .nlltled
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<br />19... aenower'. RfaIIt to ~ Notwntu.tandins Lender's ac~elerat.on of the sum~ secured hy thi~ llecu tlf 1 ru~l,
<br />Bofr~wer ..hat! have 1M., riaht to have any pn....ttding\ begun hy l.ender to enfor,e this I.lt.~d of rrH~t JISt:onllOucd .at
<br />...y lune prior 10 the earl." to (OCcur .of ll) the fifth day hefore the ",Ie 01 the Propen~ pursuant tll the power "~I ,ale ""ntallled
<br />In thIS Deed of Truot ()f (II) ~ntry of a I"dament elllorung lhls Ilccd of 1'01$111: ,a' Borrower pay, ["ruler all .um, which w<>uld
<br />he then due under thl$ Deed of Trust, the N.;lte and notes !Io1('Cuflng Future Adv41ncc:;., .t any. had no a...:~..clcratJoll ('t\:\:uH\'d;
<br />(b) ,~ C-UI"C!. aU hrcac;ha. of any other ('\)Vcnaoh or a.reenlCnh nf 80fl\),<\,cr contained In this Deed (ll Tru\l;
<br />Ie) Borrower pal' al_~ ~bIe e,\p::!1K1. tncu~rcd h) l..cnder and Tni'tce in en(orclO, t~e I,;(wenanb and '_IH,"Cmc-nts of
<br />Bot:ro""r cw:.ained m t~ ()ecd or 1 rust .m!! 1ft enrtt<<;ma l..en-der's and Tru~ec\ rcn~dlcs a'So pHW1/.Jed lH paragraph I X
<br />~t l8:hxti... but nut houted tu. rUiOflabk attorney''! ft:c.-s... and (tJ) tklH\lV.'Cf takM ...."'..n OlCUm} .h l.ender may reaS\.Hlahlv
<br />reqUite" to usut:-e that ,he hen ,-"\f thil ~-d .,,( Trust I,c--nder's itllcn:i:t to the Phlpen'i itl1d Rn[Ht\o\-cr." dlhMallt1n tp ra~,
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