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<br />83_lJU1703
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<br />9. Condemn"lon. The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation or other taking of tbe Property, or part tbereof, or for conveyance in lieu of condemnation, are bereby assigned
<br />and shall be paid to Lender,
<br />In tbe event of a total taking of tbe Property, tbe proceeds shall be applied to tbe sums secured by tbis Deed. of Trust,
<br />with !be 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, the,e shall be applied to Ihe sums secured by this Deed of Trust sucb proportion of the proceeds
<br />as is equal to that proportion whicb the amount of tbe sums secured by tbis Deed of Trust immediately prior to tbe date of
<br />taking bears to the fair market value of Ibe Property immediately prior to tbe date of taking, witb tbe balance of tbe proceeds
<br />paid to Borrower,
<br />If tbe Property is abandoned by Borrower, or if, after notice by Lender to Borrower tbat tbe condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender witbin 30 days after tbe date sucb notice is
<br />mailed, Lender is autborized to collect and apply the proceeds, at Lender's option, eitber to restoration or repair of tbe
<br />Property or to tbe sums secured by tbis Deed of Trust.
<br />Unless Lender and Borrower othe~ise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of tbe montbly installments referred to in paragrapbs I and 2 hereof or cbange the amount of
<br />sucb installments,
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by tbis Deed of Trust granted by Lender to any successor in interest of Borrower sball 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 />secured by this Deed of Trust by reason of any demand made by tbe original Borrower and Borrower's successors in interest,
<br />II; Forbeanmce by Lender Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otberwise afforded by applicable law, sball not be a waiver of or preclude tbe exercise of any sucb right or remedy.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shaH not be a waiver of Lender~s
<br />right to accelerate tbe maturity of the indebtedness secured by this Deed of Trust.
<br />12, Remedies Cum....tive, All remedies provided in tbis Deed of Trust are distinct and cumulative to any other rigbt
<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 berein
<br />contained sball bind, and the rigbts hereunder sball inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to tbe provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions and beadings of tbe paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions bereof.
<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 tbis Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />tbe Property Address or at sucb otber address as Borrower may designate by notice to Lender as provided berein, 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 />sucb other address as Lender may designate by notice to Borrower as provided berein, Any notice provided for in tbis
<br />Deed of Trust sball be deemed to have been given to Borrower or Lender when given in the manner designated herein,
<br />15. Vnifonn 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 tbe law of the jurisdiction in wbich the Property is located,
<br />Intbe event tbat any provision or clause of this Deed of Trust or tbe Note conflicts with applicable law, sucb conflict sball
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect witbout tbe conflicting provision,
<br />and to this end tbe provisions of tbe Deed of Trust and the Note are declared to be severable,
<br />-ll;..'.BOnower's'€opy. Borrower shall be furnisbed a conformed copy uf the Note and of tbis Deed of Trust at the time
<br />of execution or after recordation bereof.
<br />17, 'l'nlDsfer of the Property; Assumption. If all or any part of the Property or an interest tberein 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 />tbis Deed of Trust, (b) tbe creation of a purchase money security interest for housebold appliances, (C) a lransfer by devise,
<br />descent or by operation of law upon the deatb of a joint tenant or (d) tbe grant of any leasehold interest of three years or less
<br />not containing an option to purcbase, Lender may, at Lender's option. declare alltbe sums secured by tbis Deed of Trust to be
<br />immediately due and payable, Lender sball bave waived such option to accelerate if, prior to tbe sale or transfer, Lender
<br />and tbe person to wbom,!be Property is to be sold or transferred reach agreement in writing that tbe credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by tbis Deed of Trust sball be at such rate as
<br />Lender sball request, If Lender bas waived the option to accelerate provided in this paragrapb 17, and if Borrower's successor
<br />in interest bas executed a written assumption agreement accepted in writing by Lender, Lender sball release Borrower from
<br />all obligations under this Deed of Trust and tbe Note,
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 bereof, Sucb notice sball provide a period of not less tban 30 days from the date tbe notice is mailed within
<br />wbicb Borrower may pay the sums declared due, If Borrower fails to pay sucb sums prior to tbe expiration of such period,
<br />Lender may, without furtber notice or demand on Borrower, invoke any remedies permilled by paragrapb 18 hereof.
<br />NON-UNtFORM COVENANTS, Borrower and Lender furtber covenant and agree as follows:
<br />18, Acceleralioll; Remedies. Except as pro"*" in .............. 17 hereof. upon Borrower's breacb of any covenanl or
<br />._..ent of BollOwer in Ihis Deed of TnlSt, indudillJl Ihe cove_ to pay when due any sums secured by Ihis Deed
<br />of Trust. LeAder prior to acceleration shall nuIiI notice 10 Borrower .. provided in JIlII'III...... 14 hereof specifying: (1) the
<br />IMuch; (2) IIIe IICtioII required 10 cure sucb braeb; (3) a dale. nol '- than 30 days from lhe dale lhe notice is mailed to
<br />BOno_. by wloicb sucb brellCh m.... be cured; BUd (4) Ib.1 fall..... to cure sucb breacb ou or before Ihe dale specified
<br />i. lhe notice may restlil in acceleration of tbe sums secured by tbis Deed of Trust and saIe of the Property. The notice
<br />s...u furtbe, i.form Borrower of tbe richt to rei_e after ""celenlioo and tbe richl 10 bring a court action to assert
<br />doe non-exisleJlce of a defaull or 80y other defense of Borrower 10 acceleration BUd saIe. If the breacb is nOI cured
<br />on or before tbe date specified in Ihe noIice. Lencler at Lender's oplioa may declare IIiI of the sums secured by tbis Deed
<br />of Trusl to be i..-diately d_ lIIld paya1Jle without furtber demand and may invoke Ihe power of saIe and any other remedies
<br />permitted by applicable law, Lender sbalI be entitled to collect all ...-oabIe costs and e.pe_ incurftd in pursuilltl Ibe
<br />......ies provided in lhis .......... Ill, indllllina. ..... not limited to. ...-nabIe attorney's fees.
<br />If the power of saIe is invoked. Trustee sbalI reronI a notice of default iu eadt coualy in wblch lhe Property or some
<br />part thereof is Iocaled ..... ...... mail copies of such notice in lbe manner prescribed by applicable law 10 Borrower and 10 Ibe
<br />oilier pe_ prescribed by applicable law, After tile lapse of such lime as may be required by applkabte law. Trustee shall
<br />&in puloIic notice of sale to tIoe persoons .... in lhe ma_r prescribed by applicable law. Trustee, withoul dem...d on
<br />Borrower. .... oeIIdoe Property al puIlIk auction 10 the hi&hest bidder al the lime and place and under lhe terms desiCnated
<br />ia the noIice of sale in ...... 01' _ par<<Is a" in such order as Trustee may delenniae. Trustee may postpone saIe of all
<br />or any parcel of tIoe Property by palllic __nt at the time and pIace of ...y previollSly scheduled sale, Leader or
<br />Le.der's deoi&Me _y ~.... Pmperty at DBY sale.
<br />\1JIOII n:ceIpt of pay_ of tIoe price bW, Tnostee ...... deUvu 10 lhe purehaser Truslee's deed conveying the Property
<br />soN. 11le ndWs i. IlIe TnMee's deetl sbalIlIe pr;.. facie evideJk.. of the lruth of the statements m"e therein, Trustee
<br />~....., ......pnoc:ee<tIs of .... sale ia IlIe follow.... onIer. (a. I.. all reMOft8bIe costs and u.....- of the sale. including, but
<br />.. >>-lIe4 ............... r- of not ... I..... . 05 % of lhe CIOlIS saIe price. ",_bte altomey's fees and costs of
<br />....___1 (It) to'" SlI_lICCtIred by lhis Deed of Trust; and (c) the excess. if aay, In the person or pe.....ns Iqully enlllled
<br />....
<br />19. ............... to ReiMtate. Notwithstanding Lender's acceleration of tbe sums secured by tbis Deed of Trust.
<br />~er "!,all have tbe, rigbt to h.ve ~ny proceedings begun by Lender to enfof\.'e this Deed of Trust discontinued at
<br />!'flY ~t1ne prtIll' to the _).ler to occur,of (I) the fifth d~y bef~re the sale of the Property pursuant to the power of sale contained
<br />'" thili Deed ofTtullt or (1I) entry of a ludsment enforcing tb.s Deed of TnlSt if: (a) Borrower pays Lender all sums which would
<br />belbcn dUll UIIIIklrlhis Deed of TnlSt, the Note and noles se<:uring Future Advance;;, if any, bad no acceleration occurred:
<br />(b) Borr_. CunlS all bl'ClRChes of any OIlier covenants or aareements of Borrower conlained '" tbis Deed of Tru'l:
<br />(e) Bon:owef \'8;1$ ..~ _bit eXpolnadi i"""':f"'l by Lender and Trtutee in enforcing the covenants and agreements of
<br />~ <:OD!"ined 10 th'~ Deed of Tl'WIt and 11\ enfo~ing Lenders and Trustee'. remedies as provided in paragraph IN
<br />~. incIudms. but not 1~.1ed to.. ,reasonable attorney s fees:, and (d) Borrower takes such .ction a. l.ende, may reasonably
<br />"",Uti" to _ that the I..... of tbio Deed of Trust, Lender s IOterest '" the Property and Borrower's obligation to pay
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