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84 -- s~G0985
<br />9. Condemnation. The proceeds of any award or claim for damages, direr' or conrequential, in connection with any
<br />condemnation or other eking of the Properly, or pari thereof, or for conveyance in lieu of condemnation, are hereby usigned
<br />and shall be paid to [.coder.
<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"ot
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the procada
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oHera-to-make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such--:noticer~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 shallno4extend
<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 />I0. Bonower Not Released. Extension of the time for payment or modification of amortization of the sums sectrred
<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 imerest.
<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 Yemedy.
<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 />I2. 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 />I3. Sucerxsors and Assigns 6onnd; Joint and Several Liabi6fy; 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- Horcower,
<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. Ezcept (or any notice regwred 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 rat 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. .4ny notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or 1_ender when given in the manner designated herein.
<br />15. Uniform Deed of Trust, Governirrg Law; Severabillly. This form of deed of trust combines uniform covenants fcr
<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 governed ray 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 provtsions 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 Notc arc declared to be severable.
<br />16. Borrower'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, Tnasfer of the Property; Assumption. If al! or anv part of the Nroperty 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) [he creation of a purchase money security interest for household appiiances, (c) a transfer by devise,
<br />descent or by operation of taw 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 it, 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 Trust shall be at such rate as
<br />Lender shalt request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />m 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 no[ 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 auy remedies permitted by paragraph I8 hereof.
<br />NoN-UNtroann Covet+nNrs. Borrower and Lender lurther covenant and agree as fotlews:
<br />Ig. Acceleration; Remedies. Except as provided in paragraph t7 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in This Deed of Trust, including the covenants fo pay when due any sums secured by this Deed
<br />of Trus4 Lender prior fo accelenlion shall mail notice to Borrower as provided in paragraph 14 hereof speeifyirrg: (I) the
<br />breach; (2) the action required to cure such breach; (3) a date, rant less than 30 days from the dale the notice is mailed to
<br />Borrower, by whisk such breach must be cured; and (4) That failure fo cure such breach on or before the date specified
<br />in the nulice may result in acceleration of the sums secured by This Deed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate aFler acceleration and the right fo bring a court action to asserl
<br />the non-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the dale specified in the notice, Lender at Lender's option may declare all of the sums secured 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 incurred in pursuing the
<br />remedies provided in this paragraph 18, including, but not limited lo, reasonable anorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default Fn each county in which the Properly or some
<br />part thereof le 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 lapse of such lime as may be required by applicable law, Trustee shall
<br />give public nulice of sale fo the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borroweq shag self the Properly al public auction to the highest bidder at the time and place and under the Penns designated
<br />in the notice of sale in one or more parceh acrd in such order as Troslee may determine. Tnrslee may postpone sale of all
<br />or any parcel of the Properly by public announcement at the time and place of any prrviously scheduled sale. Lender or
<br />bender's designee may purchase I6e Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
<br />sokt. The recitals Fn fhe Trustee's deed shall 6e prima facie evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sale in the fnlbwinqq order: la) to all reasonable costs and expenses of the sale, including, but
<br />not limited to, Trustee's fees of not more than _ 1 ~2 _ _ "~ rat the gross sale price, reasomble attorney's fees and costs of
<br />title evidence; (b) to all sums secured by the Deed of 7`n~cl; and (c/ the excess, if any, to the person or persons legally entitled
<br />thereto.
<br />19- Borrower's Right fo RinnsYate. Notwuhstandrrtg Lender's azclertt ion of the sums secured by this Deed of Tntst-
<br />Borrower shall have the right to have any proceedings begun by i_ender ut enforce this Deed of Trust discontinued at
<br />any tit}te pror to Ilia earlier to occur of (N the ;fifth day before the sale of the Progeny pursuant to the power of sale eontatned
<br />m this Deed of Trust or {ri) entry of a judgment enforcing this Deed of 'T'rust d: (a! Borrower pays Lender sll sums which would
<br />Lm Chen due under ibis Deed of Trust, the Notc and notes s~~unng F=uture Ads ances.:f any- had net tccrelereoon oc-sated:
<br />(b) Harrower cures atI breaches of any other covenants or agreemens of Borrower cantamed m this Deed of Trust.
<br />fc) Borrowct pays ail reasonable erfxnscs utrurred by Lender and T~rnstee fn eulrucutg the covenants and agreemens of
<br />Born7wer contained m Ihts Ored ed Trust and m enforcing (,.grader's and Trusec's remrdies as provided m psi agraph Ifi
<br />hercoP~ including, but not limtted to, rrasanablc attorney's fees; and (cil &urue-e; Iakcs such acuan as 1_ender ma4 rr,v s,~n.rhls
<br />require t« ~aure that [tic hen s( thrx Deed of 1'ru~s;. LereJer'v rmerca m the Yrnfx, rty and B;,rro~A er_s „bhgauon n, iws
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