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<br />$4'''~~U0977
<br />9. ('mtdemnaliun. The prueeerh of any award nr clmm Inc d.+magev, direct ur consequential. m connection with any
<br />condemnation or other taking of the Property, or part (hereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall he paid Io Lender.
<br />In the event of a 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 Decd of Trust immediately prior to the dale o[
<br />taking bears to thu fair market value of the Property immediately prior to the date of taking, with the balance of the procceds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if. after notice by [.ender to Borrower that the condemnor oHets tomake
<br />an award or settle a claim for damages, Borrower fails to respond to Cender 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 ur 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 nolextend
<br />or postpone the due date of the monthly inst:dlments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />I0. Borrower Not Released. Extension of the time fur payment or modification of amortization of the sumssceured
<br />b}' 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. (,ender shall not be- required to-commence
<br />proceedings against such successor or refuse to extend time 1'or payment or otherwise modify amortization-oLthe sums
<br />secured hy.this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors io interest.
<br />I1. Forbearance by Lender Nof a Waiver. Any forbearance by Lender in exercising any right or remedy-hereunder,- ur
<br />otherwise afTorded by applicable law, shall not be a waiver of or preclude the exercise of any such right or ~remciiy. _
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lendershall not'be a waiver of Lender's -
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust. -
<br />l2. Remedies Cumulative. .411 remedies provided in this Deed of Trust are distinct and cumulative to ang,othec:right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may he 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 Lendecand Borrower,..
<br />subject to the provisions of paragraph 17 hereol. All covenants and agreements of Borrower shall -be jointand. 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. Nofice. Except for any notice required under applicable law to be given in .another manner, (a) any-noricg,4o
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrowerat
<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 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 Tntst; Governing Law; Secerability. This Corrn 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 properly. This Deed of Trust sh:dl he Governed by the law of the jurisdiction in which the Property is located:
<br />In the event that any provision or clause of this Decd of Trust or the Nom conflicts with applicable law, such conflict shall
<br />no[ affect other provisions of this Deed of Trust or 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 he severable.
<br />16. Borrower's Gopy. Borrower shall be tunushed a conformed ::opy of the Note and of this Deed of TrusE-at=-the_time-,-
<br />of execution or after recordation hereof.
<br />1?. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is-sold°oi::~ransferred
<br />6y Borrower without Lender's prior written consent, escludinG fa) the creation oC a lien or-encumbrance-sabordinatetu
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household.apptiances,..(cj.a jran4fer by devise,
<br />descent or by operation of law upon the death of a juim tenant nr
<br />Lender ntay, at Lender's option, declare all the. sums secured by3his~Deed of Trust m be
<br />immediately due and payable. Lender shall have waned such option to accelerate if, prior to the sale or transfer; Lender
<br />and the person to whom the Property is to be sold ar transferred reach agreement in writing that [he-credit _of such person
<br />is satisfactory to Lender and that the interest payable on the stuns secured by this Deed.-of Trust. shal# 5e. at such rate as
<br />Gender shall request If Lender has waived the option to accelerate provided in this paragrapB..I7; aril-if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender,~Lender sheik-release Florwwer.$om
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option [o acceleram, Lender shall mail Borrower notice ~of~•aceelerallon in accordance with
<br />paragraph 14 hereof Such notice shalt provide a period of our Icss than 30 lees frottt tbe-date`th@ ~otice.~is mai)ed within
<br />which Borrower may pay the sums declared due. If Borrower fails to puy such sums prior to-thresprra{~on~of such-period;
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph I S hereof.
<br />Non-UNIFORM Covennnrs. Borrower and Lender further covenant and agree as follows: ~-
<br />lg. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's 6rcaeh oF:any covenant or
<br />agreement of Borrower in (his Deed of Trust, including the cotenants fo pay when due any sums-secured-;;-by this Deed
<br />of Trust, finder prior to acceleration shall mail notice to Borrower as prodded in paragraph 14 hereof-sped[ying: (ll the
<br />breach; (2) the action required to cure such breach; (31 a dale, not less than 30 days from the date-the nottce,L4.-mtttkd to
<br />-Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the .date-specified
<br />in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the. Properly.. The twlice
<br />shah further inform Borrower of the right lu reinstate after acceleration and the right to bring a court action ~to eased _-
<br />the ttoo-existence of a default or any other defense of Borrower to acceleration and sale. If the breach-is .not. cured -
<br />on tx before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Dted- -
<br />of Ttitst 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. Ixnder shall be entitled to collect all reasonable costs and expenses incarred in pursuits the
<br />remedies provided in this paragraph 1g, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is inroked, Trustee shall record a notice of default in each county in which the Property or some
<br />part (hereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the (apse of such time as may be required by applicable law, Trustee shall
<br />give public nolke of sale In the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder a1 the lime and place and under the terms destgnated
<br />in the notke of sale in one or more parcels and in such order as Trustee may determine. Tntslee may poslpoce sale-of all
<br />or any parcel of the Property Dy public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's designee may purchase the Property al any sale,
<br />Upon receipt of payment of the price bid Trostee shall deliver to the purchaser Trustee's deed conveying the Property
<br />soM. The recNals ie the Trustee's deed shalt be prima facie evidence of the truth of the slatemenls mrde therein. Tnistce
<br />s~aB apply the proceeds of -the sale io the folMwi yy order: ((a) to all reasonable costs and expenses of the sate, including, but
<br />not limited-to, Trustee's fees of not more than .lrl Of 1 0 of the gross salt price, reasonable attorney's fees sad. coals of
<br />INIe evfdeacep (b) fo a6 stuns secured by This Uetd of TrtW; and (c) the excess, if any, to the person or persons legally entitled
<br />therNO.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration nl the sums secured by this Dted of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender tic enforce this Lamed of Trust discontinued at
<br />any time prior Io the earlier to occur of fQ the fifth Jag before [he vale of the Prr party pursuant to the puw-er oC sate contained
<br />in this De-rid of Tntst or (ii) sooty of a judgment enforcing this Decd of Trrst if: {a) Borrower pays #.znder all sums which world
<br />be then due under this Llted of Trust, the Note and notes u'curing Future Advances, d any, had nn acceleration occurred:
<br />(h# Borrower torts all 6rcachea of say other covenants nr sgreemcna of Borrower cnmaioed In thin Died of Trust;
<br />{c) Borrower pays elf reasonable espenscs incurred by l.rnder and 'frastec in enforcng the covenans and agreements of
<br />Burrower contaaincd in this Daed of Trua# ;rod in enforcing (inlet's ;end Trrntce's remedies ati pnev rdcd m paragraph IS
<br />hereof, ins#uding, #1ai not Lm;ted to. raasunab#a aaarncy'L fcv;. and (dt Bsorra*wer rakes such a~tnxt ~. Lender n~+ay reawnafaly
<br />require Ur ttsyuta that Che hen erf fihis L'reed Of Trust. I_end4r', inlera*.I rn the Prr'+pert}' and Borrower'h oOGg;tfiatr to pa}
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