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<br />83-1)01909
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<br />9. Condemnation. 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 .'total taking of the Property, the proceeds shall he 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 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 ~bandoned 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 othen.visc 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 />to. 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 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 />t I. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any fight 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 tax.es 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 Cumulath'e. 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 Liabilit,)'; Captions. The covenants and agreements herein
<br />contained shall bind. and the rights hereunder shall inure [0, 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 hy 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 he given by certified mail, return receipt requesled, 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 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 he govcrned hy 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 gi\'en effect without the cooRkting provision.
<br />and to this end the provisioos of the Deed of Trust and the Note are declared 10 be severable,
<br />16, Borrower's Copy, Borrower shall be furnIShed a conlormed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. H all or any part of the Property or an interest Iherein is sold or transferred
<br />hy 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. tc) a transfer by devise.
<br />descent or by operation of law upon the death of a Joint tenant or (d) the gram of any leasehold interest of three years or less
<br />not <..'Ontaining 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 that the interest payable on the sums secured by this Deed of Trusl 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 hy paragraph 18 hereof,
<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration, Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any coveuanl or
<br />8llreement of Borrower in this 0..... of Trust, ine1udiDR the covenants to pay when due an)' su.... secured by this Deed
<br />of Trusl. Lender prior to acceleration shall mail notice to Borrower as provided in paragrapb 14 hereof specifying: (lithe
<br />breach; (Z)the action required to cure such hreach; (3) a date, not less than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the dale specified
<br />in the notice may .....ult in acceleration of Ihe sums ,",ured b)' this Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to briDR a coort action to assert
<br />the non-existence of a default or any other defense of Borrowe, to acceleration and sak. If the breach i. uol cured
<br />on or before the date specified in the notice, Lender at Lender's option may declare aU of the su.... secored by this Deed
<br />of Trust to 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 reasonable costs and expenses incurl'ed in pursuing the
<br />remedies provided in this paragraph 18, ine1udiDR, bul not limited to, reasonable attorney's fees.
<br />If the power of sak is invoked, Trustee shall record a notice of default in each county in whicb the Property or some
<br />part thereof is ""'ated aud shall maD copies of such notice in the manner pres<'ribed by app\l<able law to Borrower and to the
<br />other persons prescribed by applicable law. After the la.- of such time as may be required by applicable law, Trustee shall
<br />Rive public nolice of sale to the persons and in the man""r prescribed by applicable law. Trustee. without demand on
<br />Borrower, .hall sell the Pro""rty at publie aucllon to the hiRhest bidder al Ihe time and place and under the terms deslcnated
<br />in the notice of sale in one or more parcels and in soch order as Truslee may determine. Trustee may postpone sale of aU
<br />or any parcel of the Pro""rty by public announcement at the time and place of any previously scheduled sak. Lender or
<br />Lender's deslcnee may pUldulse the Property al any sak.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser TnLstee's deed con>'eying the Property
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein, Trustee
<br />shall apply the proc:.....s of the sale in the followinf: order: (a) to all reasonable costs and expenses of Ihe sale, includinR, but
<br />Ilolllmited to, Trustee's fftS of not more thau 31< of 1 % of the Rross sale price, reasonable a!lomey.. fees and costs of
<br />title evidence, (b) to aU sums secured by this 0:;. of Trost; and (c) the excess, if any, 10 the person or persons legally entitled
<br />t1lerelo. . .
<br />19. Borrower's RiRhtto Reln.state, Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shall have the right 10 have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />~ny ~ime prior to the earlier to occur of (.) the fiflh day before the sale of the Property pursuant to the power of sale contained
<br />to thIS DccdofTrust or (ii) entry of a judgment enforcing this Deed of Trust if: fa) Borrower pays Lender all sums which would
<br />be then due under thIS Deed of Trust, the NOle and notes sccuring Future Advances, if any, had no acceleration occurred:
<br />(h) BorrQwer cure~ alt breaches of any other covenants or agreements of Borrower contained in this Deed of Trust:
<br />(c) Borrower pays all reasona.ble c~penses inC\lrred by tender and Trustee in enforcing the covenants and agreemenrs of
<br />Borrow~r con~aincd in Ihi~ J:?eed of Trust and in enfo~cing Lender's and Trustee'" remedies as provided in ,paragraph 1 N
<br />hefeC?f, mcludtng, but not hmlted to. reasonable attorney 5 fees: and (d) Borrower takes such action as Lender may reasonably
<br />req,.ure to assure that the hen of this Deed of Trusl. Lender'~ intereSI in the Property and Borrowcr"'s obligalion to pay
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