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<br />83~j e/l d ,j '~'
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<br />83- UlJ1702
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<br />9. Condemnalion. 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, 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 applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, paid to Borrowe" 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 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. Borrower Not Released.. Extension of the time for payment or modificalion 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 />secured by this Deed of Trust by reason of any demand made by the original 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 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 shan 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 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 hereof. 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 add,essed 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 />15. Uniform Deed of Trust; 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 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 conflicts 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'this end the provisions of the Deed of Trust and the Note are declared to be severable,
<br />-Ill': "lJOrro..er'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. Tl1UISfer of the Property; 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, (b) 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 tbe 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 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 executed 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 Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragrapb 17 bereof, upon Borrower's breacb of any covenant or
<br />agreement of Borrower in tbis Deed of Trust, including tbe covenants to pay when due any sums secured by tbis Deed
<br />of Trust, Lender prior to acceleration shall mail uotice to Borrower as provided in paragrapb 14 hereof specifying: (1) tbe
<br />breacb; (2) lbe action required to CUre sucb breacb; (3) a date, nol less than 30 days from the date tbe notice is mailed to
<br />Bonower, by wbich sucb breacb must be cured; and (4) that failure to cure sucb breacb OR or before tbe date specified
<br />iR tbe notice may result in acceleration of the sums secured by tbis Deed of Trust aad sale of tbe Property. The notice
<br />sball furtber ioform Borrower of the rigbt to reinstate after acceleration and tbe rigbt to bring a court action to assert
<br />tbe non-exislence of a defaull or any oIher defense of Borrower to acceleration and sale. If the hreacb is not cured
<br />on or before tbe date specified in the notice, Lender at Lender's option may declare aD uf the sums secured by tbis Deed
<br />of Trust to be immediately due and payable without furlber demand aud may invoke tbe power of sale and any oIber remedies
<br />pennilled by applicable law. Lender shall be entided to collect all reasonable costs and expenses incuRed in pursuing tbe
<br />remedies provided in tbis paragraph 18, inclndiDg, but not limited to, reasonable allomey's fees.
<br />If tbe power of sale is invoked, Trustee sball record a notice of default in eacb county in wbicb tbe Property or some
<br />part tbereof is located and sball mail copies of sucb notice in tbe manuer p.....,ribed by applicable law to Borrower and to the
<br />oIher persons prescribed by applicable law. After tbe lapse of sucb time as may be required by applicable law, Trustee shall
<br />gin public notice of sale to the persons and in tbe manner p.....,ribed by applicable law. Truslee, wit bout denulDd on
<br />Borrower, sbaU sell the Property at public auction to the bigbest bidder at tbe time and place and under tbe terms designated
<br />in tbe notice of sale in one or more parce" aud in such order as Trustee may determioe. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of auy previously scbeduled sale, Lender or
<br />Lender's designee may purcbase the Properly at any sale.
<br />Upon receipt of payment of the price bid, Trustee shaD deliver to tbe purcbaser Trustee's deed conveying tbe Property
<br />sold. The recitals in the Tl1&SIee's deed sball be prima facie evideuce 9f tbe trutb of the statements made tberein, Trustee
<br />shaD apply the proceeds of the sale in the following order: (a) to all reasooable costs and expenses of the sale, including, but
<br />not limited fa, Trustee's r- of not more than .05 % of tbe gross sale price, reasonable aUomey's fees and costs of
<br />title evidence; (b) to aD sums secured by tbis Deed of Trust; aud lc) tbe excess, if any, to tbe person or persons legally entitled
<br />lIoeNto.
<br />19. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />. in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Tnost if: (aJ Borrower pays I.ender all sums which would
<br />be then due under th,s Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br />Borrower contained in this Deed of Trust and in enforcing Lender's and Truslee's remedies as provided in paragraph 1 S
<br />hereof. including, but not limited to. reasonable attorney's fees: and (d) Borrower takes such action as Lender may reas(mably
<br />require to assure that the lien or this Deed of Trust, Lender's interest in the Propcny and Borrowcr's obligation to ray
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