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<br />83~017U.L
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<br />9. Contlemna'ion. The proceeds of any award or claim for damages. direct or consequential, in connection wit~ 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 be apphed 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 />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 ~a~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 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 />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 reiea.se, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be reqU1red 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 />It. 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 fight
<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 Assigos Bound: Joint and Several Liability; 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 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 convenience only and are not to be 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 such other address as Borrower may designate hy 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 />IS. Uniform Deed of Trusl: Governing Law; Severability. 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 he 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 conIlicts with applicable law, such conIlict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conIlicting 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. Tnnsfer of the Property; A...umption. 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 (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer hy devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest 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 be sold or transferred reach agreemem 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 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 ex.ecuted 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 Lende, further covenant and agree as follows:
<br />18. Acceleration; Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />"I_ent of Borrower in tbis Deed of Trust, includinJ: the covenants to pay wben due lUIY sums secured by tbis Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (I) the
<br />breach; (2) tbe action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which sucb breach must be cured; and (4) that fallure to cure such breach on or before the dIIte specified
<br />in the notice may result in acceleration of the sums secured by tIm Deed of Trust and sale of the Property. The notice
<br />shall furtber inform Borrower of the right to reinstate after acceleration and the right to brinl: a court action to assert
<br />the nou-existence of a default or any other def_ of Borrower to acceleration and sale. If the breach is not cured
<br />ou or before the date specified in the notice, Lender at Lender's nption may declare all of the sums secured by this Deed
<br />of Trust tu be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all r_nable costs and expenses incw:red in pursuing the
<br />remedies provided in this paragraph 18, including. but not limited to, re_>Dable attorney's fees.
<br />If the power of sale is invoked, Trustee shall n:cord a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notke in the manner prescribed by applicable law to Borrower and to the
<br />other persuos prescribed by appIicalIIe law. After the lapse of such time as may be required by applicable law, Trustee shall
<br />Rive public notice of ....e to the persuns and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower. shall seD the Property at public auction to the bighest bidder at tbe time and place and under tbe terms desitlnated
<br />In the notice of sale In Olle or _re parcels ..... in such order as Trustee may determine. Trustee may postpone sale of all
<br />or ...y parcel nf the Property by public announcement at the time and place of any previously scbeduled sale_ Lender or
<br />Lender's desipee may ptu'CbMe the Property at any sale.
<br />Upon receipt of pay__t of the price bid, Trustee shall deliver to the pu",haser Trustee's deed conveying the Property
<br />so\d. Ttoe recilais in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein_ Trustee
<br />sloaII apply the proceeds of the sale in the fotlowinJ: order. (a) to all reasooabte costs and expenses of the sale. including, but
<br />not ~ to, Trustee's fees of not more t..... 05 % of the gross sale price, re-..able atlomey's fees and costs of
<br />tide eYkhace; (b) to all ....... _ured by tIm Deecl Of Trust; and (c) the excess, if any, to the person or persons lelally entitled
<br />.......
<br />(9. hnower'slllllat to Reiastate, NotwithStanding Lender's llcceleration of the sums secured by this Deed of Trust.
<br />Borr~wer shall have the. right to have any proceedings begun hy Lender to enfo,ce this Deed of Trusl discontinued at
<br />any tune prIOr 10 tbe earher to occur of (i) the ftflh day before Ihe sale of the Propeny pursullnt to the power of sale contllined
<br />in this Deed of Trust or lii) entry of a judgmenl enforcing this Deed of Trust if: (ll) Borrower pays l.ender all sums which would
<br />be then due under thiS .Deed of Trus.t. tbe Note and notes. securing Future Advances. If any. had no acceleratton ()c\;urred~
<br />(b) Borrower cures .11 brcache$ of any olher covenants Qr agreements of florruwe, contained in this Deed of Trust:
<br />(e) Borrower pa,rs al! reasonable ""penses incurred by l.ender and Trustee in enforcing the covenants and agreement' of
<br />Borrow~f" COO!lUncd to thl~ I?eed of Trll$t Dnd III enfor,clfll Lender's and Trustee's. remedies ~s provided in paragraph I H
<br />~f~ locludlAl. but not hc.n.ted to, _reasonable attorney s f~~ and (d) Borrower takes such acllOn a$ Lender may reaS\)!,H\hly
<br />rcqutre to USU{e that the hen of thts Deed of Trust. Lender'!; intere~' in ttw Property ..md ROfTowcr's dhligatltU1 to p....y
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