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<br />83- ou1700
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<br />9. Condemn.tion. 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, a'e hereby assigned
<br />and shall be 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 be applied to the sums secured by Ihis Deed of Trust such proportion of the proceeds
<br />as is cqual to that proportion which the amount of Ihe sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Properly 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 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 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. Bonower 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 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 />secu,ed by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11; Forhearance by Lender Not a Waiver. Any forbearance by Lender in excrcising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waive, 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 />fZ. Remedies Cumu'.five. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<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 Assigns 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 by 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 />15, Unifonn Deed of Trust; Governing Law; Severability. This form of deed of trusl 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 be 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 confticts with 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 tbis end thc,provisiom'1>Fthe Deed of Trust and the Note are declared to be severable,
<br />16. "1IeIJI'_~flop",,',flol't'<rWl!l' shalf be furnished a conformed copy of the Note and of this Deed of Trust althe time
<br />of execution or after recordation-hereof,
<br />17. Transfer of the Propelty; Assumption, 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, (h) 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 (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 agreement in writing that the credit of such person
<br />is satisfactory to Lender and thaI the interest payable on the sums sccured 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 Borrowers 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 Trusl 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 Lender further covenant and agree as follows:
<br />18. Aeceleratioo; Remedies. Elleept as provided in paragraph 17 hereof, upon Bonower's breach uf any covelllUlt ur
<br />._ment of Borrower in this Deed of Trust, includiDll the coven....1s to pay when due ....y SDlllS secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail nutice tu Borrower as provided in ....... 14 hereof specifying: (1) the
<br />breach; (2) lhe action required to cure such breach; (3) a date, not less ....... 30 days from lhe date the nolice is mailed tu
<br />Borrowe" by wbkh such breach must he cured; and (4) lhat failure to cure such breach on or hefore the date specified
<br />in the notice may resull in acceleration of the sums secured by this Deed of Trust and sale of the Property. The nolice
<br />shall fur1her inform Borrower of the right to reinstate after acceleration and the right to bring a coult action to asselt
<br />the non-existence of a default u, allY otber defense of Bonower to acceleration and sale. If the breach is not cured
<br />on ur hefore the date specified in the nolice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />uf Trust to he immediately dlle and payable without further demand and may invoke the power of sale and any other remedies
<br />pennitted by applicable law, Lender shall he e.titled to collect all reasonable costs and expenses ineulTed in pursuing the
<br />remedies provided in this JNlr8IIrapIt 18, inclllllinl:, but not limited to, reaso...bIe attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applieable law to Borrower and 10 the
<br />other persons prescribed by appIicaIIIe law. After the lapse of such time as may he required by applicable law, Trustee shall
<br />give pu!llie nolice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Bonower, shall sell the Propelty at public alKtion to the hiJIhest hicIder at lhe time and place and under the terms desigllaled
<br />iD the notice of sale in ODe or more parcels and in such order as Trustee may detennine. Trustee may postpone sale of all
<br />or DDY parcel of the Property by pllblic announcemeDt at the time and place of any previously scbeduled sale. Lender or
<br />LeDCler's desi&nee may pun:...... the Proper1y at ....y sale.
<br />Upon neeipt of pay_I of the price hid, Trust"., ,hall deliver to the purchaser Trustee's deed conveying the Proper1y
<br />sold. The redlals in the T......ee's deed shall he prima facie evidence 01 the truth of the statemenls made therein, Trustee
<br />shall apply the proceeds of the sale in the foUowina order: (a) to all reasoDllble costs and ellpenses of the sale, indudiDll, but
<br />notllaaited.... Tnostee's fees of not more than .05 % of the gross sale price, reasoDllble attorney's fees and casls of
<br />=:"rilIella; 00 to all _ secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />19. Borrower'a RiIfat to Reinstate. Notwithstanding Lender's acceleralion of the sums secured by this D""d of Trust,
<br />Borrower shall have lhe risht to have any proceedings begun by Lende, to enforce this Deed of Tmst discontinued at
<br />~ny ~imeprior to lhe earl!er 10 occur ,of (i) the fifth day befo,e the sale of lhe Property pursuant to the power of sale comamed
<br />, In tbl$ Deed of Trust or (u) entry of a judgment enforcing this Deed of Tntst if: (a) Borrower pay. Lender all sums which would
<br />be then due under thIS Deed of TW$!, the NOle and noles securing Future Advances, if an)', had no acceleration occurred:
<br />(hI 8orro....... cu...,. all breaches of an)' other covenants or agreements of Borrower contained in this Deed "f Trust;
<br />(e) Borrower Pl:Ys al! ro~nabte e~'~ incu~n:d by l.~nder and Trustee in enforcing the covenants and agn.-emenls \.)f
<br />8o~ COQ!31nc:d 10 th~ J?ecd or Trust and an enfot;101 tender's and Trustee's remedies as provided If1 paragraph 1 H
<br />hereof. .nc:ludIDJ' but not limited to. reasonable attorney, fees; and (d) Borrower takes snch action as Lender may rea>onablv
<br />tf:quire to usure that the: lien of thi. Deed of Trusl. Lender's Intere.'\t In the Property and Borrowcr'~ ~)bHgaliun to pa)'
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