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<br />84 - 0006t~i
<br />9. CoadewnaNen. The proceeds of any award or clarm 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 [..ceder.
<br />-n the event of a total taking of the Property, the proceeds shall be applied to the sums secured by [his Deed of Trust,
<br />with the excess, if any, paid to Borrower In the event of a partial taking o[ the Property, unless Borrower and Lender
<br />otherwise agroe 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 [o 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 [o respond to Lender within 30 days after the dale such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at Lenders option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed o[ 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 />16. Borrower Not Rekred. Extension of the time (or payment or modification of amortization of the sums secured
<br />by [his Deed of Trust granted by Lender to any successor in interest of Borrower shall no[ operate to rcleau, 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. Forbeartteee by Lender Not a WNver. Any forbearance by Lender in exercising any right or remedy hereunder, ar
<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 shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust,
<br />li Remedies CumuhNire. 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. Suceeaors and Assiges Sound; Jomf and Several Liabflily; Captiotss. 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 I7 hereof All covenants and agreements of Borrower sha8 be join and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenienet only and are not [o be used to
<br />interpret or define the provisions hereof.
<br />14. Notke. 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 [o
<br />such other address az Lender may designate by notice to Borrower az 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 N Trush, Governing Law; Sevenbility. This form oC deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations h}' jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdicliou 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 wnflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Notc are declared to be severablt.
<br />16. Borrower's Copy- Borrower shall he furnished a conformed copy of the Note and of this Dted of Trust at the time
<br />of execution or after recordapan hereof.
<br />17. Trander of the Property; Assumplbn. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without-Lenders prior written consent. excluding (a) the creation o(a lien or encumbrance subordinate to
<br />this Dced 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 taw upon the death of a }Dint tenant or (d } the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, !_ender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall hour waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Properly 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 />Leader shall request. If Lender Etas waived the option to accelerate provided in this paragraph 17, and iE 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 notict shall provide a period of not less than 3G days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. It Borrower fads to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke arty remedies permitted by paragraph I S hereof.
<br />Nod-U dtr-oaxt Cuvededrs. Borrower and Lender further envenom and agree as follows:
<br />18. Accekntioo; Remedies. Except r provided in paragraph I7 hereof, upon Borrower's breach of any coveeaol or
<br />agreeeteel of borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acnknlion shill mail notice to Borrower as provided in paragraph 14 hereof spectfyiog: (1) the
<br />breach; (2) the action regained to cure such breach; (J) a date, not less than JO days from fhe dale the nolke is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such borsch on or before the dale specified
<br />in the notice may resnll in acceleration of the sums secnred by this Detd of Trust and sale of the Property. TAe notce
<br />shrill farther inform borrower of the right to reinstate after acceleration and the right to bring a court rclion to assert
<br />the Don-exigentt of a dtfaull or any other defemt of Borrower to acceleration and cote. If the breach is not cured
<br />ow or before the dNe specified fe the notice, Lender at header's optbn may declare all of fhe sums secured by this Decd
<br />of Trret to he inrmedialdy due and payabk without further demand and may ievohe the power of sale and any other remedies
<br />penwilhd by aPpilicabk law. Leader shall tie entitled Io collect a6 rcsnonabk costs and expenses incurred in pursuing the
<br />remedies provide/ in Iltrs ParagrapY I8, includiag, bW nW limited to, reawnahk atlorney's fees.
<br />It the Power of sale is invoked, Trustee shah record a notict of default in each courtly is which the Property or some
<br />pre thereof is btcaled and slue mail copies of sorb nolftt in the manner prescribed by apPBcabk law to Borrower and fo fhe
<br />other Persons prescribe/ 6y apPlleabk law. AHer the lapse of such lime as may tie regtired by applkabk law, Trustee shall
<br />giro prkiit notice of sale to fhe persons soil in the manner prescribed by applicabk law. Traslee, without demaed on
<br />Borrower, shah seM Qe PropeAy N prblic auction fo the highest bidder at the time and place and under the terms designated
<br />is Nee-wotice of sale in ant or etorc prnls and in such order as Trrtslee may delernine. Trustee may pwtpoee sale of all
<br />or ant? Prod ai the Property by public anttottecemeN N the time and place of any previously schedakd sak. Lender or
<br />Lea/r's deslgpae /ay Purchase Ibe Properly N any sale.
<br />LJpan-receipt of PoyeseN of IYe price bid, Trustee shah deliver to fhe purchaser Trustee's deed conveying the Property
<br />soli. 7'he-rea'fhY _in Net TrWee's deed shi be prima facie evidence of the truth of the sulemenls made Therein. Trvs/ee
<br />obi apply the ptoatteds et the sale io the fobor~itt~ order. la) to all rcaeotuhk costs and expenses of the sole, inclndittg, but
<br />wol bnYed to, T-rAee's &es of not more than _ _ ~ _ _ ~ of the gross sale price, rcasoubk Ntoreey's fees and coals of
<br />{b- to i scats ttecnred by this Deed of TnW; and (c) the excer, it any, to the person or persaes kgiy enthkd
<br />Ip. Sorrowet'i Right to ReiWak. Notwithstandmg Lender's acceleration of the sums secured by this Deed of Trust.
<br />Bwrower,ahali have the right to have any proceedings begun 6y Lender to enfore•e this Deed of Tntst discontinued at
<br />any time prior to the earlier to occur of fi) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />iu_/hia heed of "Crust or fit) entry of a judgment enforcing this Decd of Trust if: ta) Borrower pays Len ter all sums which would
<br />be them eittt under thin Deed trf Tntst, the Note and Holes securing Future Advances, if any, had ou acceleration a:curred:
<br />tb) Iftrrrowcr torts aft breaches of any other covenants or agreements of 6orrownr contained in this Deed of Trust:
<br />fc) Bttrrpwer pays ail rcawnablt exptnsts intutrt-d by Lender aced Truster in enfnrc-mg the covenants and agretmtnts of
<br />Borrower etuttairxxi in this Dttd of Trust and in cnforeing Lender's and Trustee's remedies as provided in paragraph 1H
<br />letron#, inthfding, but rmt limited ta, rtasonaltft attwnty'x fees; and fdJ Born>wtr takes such actenn as f_tnder may rtasonabiv
<br />rtquirs to assure 4hat tba )icn of this Deed of Trust, Lender`s interest in the Property and Bx7rrowtrs ah#igatitm +.- pay
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