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<br />83-001912
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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 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 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 />Ii the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make
<br />'.-f an av.:ard 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 />1 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 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 Jnd 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 hy the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Wail'er. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded hy 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 hy this Deed of Trus!.
<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 JJability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to. ~he respective sllccessors 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. Nutice. 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 <1t
<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 />Dced of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uniform Ueed of Trust; Governin~ l.a,,'; Severability. This form of deed of trust combines uniform covenants for
<br />national use :md non-uniform covenants with limited variations hy jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed 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 confticts with applicable law, such conflict shall
<br />not affect other provisions of this Deed of Trust (lr the Note which can he 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 />Hi. Borrower.s Copy, Borrower shall he furnIShed a conformed copy of the Note and of this Deed 01 Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. I f 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 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 hy 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 hy 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. Lcnder ~hail mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereoL Such nolice shall provide a period of not less than ]0 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails 10 pay s.uch sums prior to the expiration of such period.
<br />Lender may. without further nOlice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof.
<br />NON~UNIFORM COVENANTS. Borrower and lender further covenant ;'lOd ngree as follows:
<br />18. Acceleration; Remedies, Except as provided in panlllraph 17 hereof. upon Borrower's brea<:h of any covenant or
<br />aareemenl of Borrower in this llefll of Trust, includinll thr covenants 10 pay when due any sums secured by this Deed
<br />of Trust, l..ender prior to accrleration shall mail nolice to Borrower as provided In paragrapb 14 hereof specifying: (1) the
<br />breach; (2) the action required 10 cure such breach; (3) a date, not I.,.,. than 30 days from the date the notice is mailed 10
<br />Borrower, by which such breach must "" cured; and (4) Ihal tallure to cure such brea<:h on or ""fore the date specified
<br />in tbe notice may result in acceleration of the sums secured by this Deed of Trust and sale of thr Property. The notice
<br />shan further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non.existence of a delault or any other defense of Borrower to acceleration and sale. If thr breacb is not cured
<br />on or ""fore the date specified in tbe notice, l.ender at l.ende,'s option may declare aU of the sums secured by this Deed
<br />of Trust to "" immediately due and payable wilhout further demand and may invoke the power of sale and any othrr remedies
<br />permitted by applicable law. l..eoder shall"" rnlitled 10 collect all reasonable costs and expe_ Incurred in pursuinll the
<br />remedies provided in this panlllraph 18, ioclutling. but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of delault in e""h county in which lhe Property or somr
<br />part thereof is located and shall mail copies of sueh notice in the mannrr prrscribed by applicable law 10 Borrower and 10 the
<br />other perso... prescri""d by applicable law. After the lapse of such time as may"" required by applicable law, Trustee shall
<br />live public notke of sale to the persons and in the manner pl'6Cribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the hiRhest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Trustee may detennint. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and pla.:e of any previously scheduled sale. Lender or
<br />Lender's desiRnee may pureh_ the Property at any sale,
<br />Upon receipt of paymenl of the price bid, Truslee shall deliver 10 the purehaser Trustee's deed conveyinll Ihe Property
<br />sold. The recitals in the Trustee's deed shaU "" prima fac;., evidence of Ihe truth of the statements made Ihrrein. Truslee
<br />shall apply the proceeds of Ihe sale in th. following order: (a) to all reasonable costs and expe_ of the sale, including, but
<br />nollimited to, Trustee's fees of not more than 3k of 1 % of thr Kross sale price, reasonable attorney's fees and cosls of
<br />tille evidehce; (b) to aU Shms secured by this ~ of Trust; and (clthe excess, if any, to the person or persons l"Rally entitled
<br />tllereto, .
<br />19. Borrower's RiRhtto Reinstate. NOlwithstanding Lcnder's acceleration of the sums sccured hy this Deed of T,USl,
<br />Bo,rower 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 helore the sale 01 the Property pursuant 10 the power of sale contained
<br />in this Deed of Trust or (ill entry of a judgment enforcing this Deed of T,ust ,I: (al Borrower pays Lender all sums which would
<br />be then due under thiS Decu of Trust, the Note and notes securing Future Advances. if any, had no acceleration occurred:
<br />(b) Borrower cUrc~ all breaches of any other covenants or ;.\greements of Borrower contained in this Deed of Trust~
<br />(c) Borrower pays all n:a~lOable expenses incurred by Lender ~md Trustee in enforcIOg the covenants and agreements (~f
<br />Borrower conlaioe,,1 in tlu~ Deed or Trust and in enf('lrcing Lender\. and Trustee's remedies .1S provided in paragraph 18
<br />hereof. including. but not limited to. reasonable attorney's fees; and (d) Borrower takes. stH.:h action as I.ender may reasonablv
<br />require to assure that the hen of this Deed of Trust. Lender\ inter~f in lhe Prope-rt)' and Borrower's nbligatiol) to pay
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