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$~ "- 5101020
<br />9. ibndemnation. 'fhe prucee.h of any ,n~ard nr damt for damages. direct nr conseyuentiah m 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 />fn 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, d 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 Dced 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 [he 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 [he Property is abandoned by Borrower, or if, after notice by Lender to Borrower chat the condemnor offers to-make
<br />an award or settle a claim for damages, Harrower 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 'f rust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall norextmd
<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 />10. Borrower Nat 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 Harrower 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 Dced of Trtsst by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />I1. Forbearance by Lender Not a Waives .Any forbearance by Lender in exercising any-right or remedy herermder, or
<br />otherwise afforded by applicable law, shall not he a waiver of or prechrde the exercise of any such right or remedy.
<br />"fhe 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 />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Decd of Trust or afforded by law ur 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 shat{ bind, and the rights hereunder shall inure to, 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 [he paragraphs of this Dced of Trust are for convenience only and are not to be used [o
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice reyuucd under applicable iaw to he given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice 6y certified mail addressed to Borrower at
<br />the Property Address or at such other address as Hormwer may designate by notice to Lender as provided herein, and
<br />(b) any notice to 1_ender shall he 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 "Cnrst; Governing law; Screrability. This fnnn of deed of u~ust combines uniform covenants for
<br />national use and non-uniform covenants wish limited vanatians by jurisdiction [o constitute a uniform security instrument
<br />covering real properly. This Deed of Trust shall he governed by the iaw o[ the ptnsdiction in which the Propert}' is located.
<br />In the event that any provision or clause of this Dced of "trust or the Nate conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Decd of Trust ur [he Nn[e which can he given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note arc declare) to he severtb(e.
<br />16. Borrower's Copy. Borrower shall be hirn~shed a conformed copy of the Note and of this Deed of Trust at the time
<br />v( execution or after recordation hereof.
<br />17, Transfer of the Property; Assumption. If all or any part of the Pmpcrq or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. cscluding la) the creation of a lien ur encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase monec security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenam or
<br />Lender may, at Lender's option, declare all [he 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 ur transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable nn the sums secured by 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 it Borrower's successor
<br />in interest has executed a written assumption agreemem accepted in writing by Lender, [.ender shall release Borrower,fgpm
<br />all obligations under this Deed of Trust and the Note. ~~--° - "'""`~ ,_t _~- '
<br />If Lender exercises such option to accelerate, Lender shall mad Borrower ^ouce•-aof'accelerafion m accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not Icss than iU days from the~date~the hotice is matted=-within
<br />which Borrower may pav the sums declared due. f( Borrower t^ds m pav such sums priortu the-expire#ion of such period,
<br />Lender may. without further notice or demand un Burrower, invoke am remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. BaROWeC and LCndfr further covenant and agree as follows:
<br />18. Acceleration; Remedies, Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or
<br />agreement of Borrower in [his Decd of Trust, including the covenants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph I4 hereof specifying: (1) the
<br />breaeA; (2) the action required to cure such breach; f3) a date, not Icss than 30 days from the date the notice is mailed fo
<br />Borrower, by which such breach must be cured; and (41 that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of fire sums secured by this 1?eed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right fo reinstate after acceleration and the right to bring a couH action to assert
<br />the-.non-existence of a dviault or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed
<br />of Trull to 6e immediately due and payable without further demand and may im~oke the power of sale and any other remedies
<br />permfUed by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 16, including, but oat limited lo, reasonable attorney's fees.
<br />If the power of sate is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall maH copies of such notice in the manner prescribed by applicable law to Borrower and [o the
<br />other persons prescribed by applicable law. After the lapse of such time as may rte required by applicable law, Trustee shall
<br />give public rmtice of sale to the persons and in the manner prescribed by applicable law. "Trustee, without demand on
<br />Dorroweq shall sell the Property al public auction to the highest bidder of the lime 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 determine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's designer copy purchase the Properly at any sale.
<br />Upw recelpl of payment of the price bid, Trustee shall deliver to the purchaser Tnrstee's deed conveying the Property
<br />sold. The reeNals in fhe Trustee's decd shelf 6e prima facie evidence of the truth of the statements made therein. Trustee
<br />sbaY apply the pro4eeds•of-the oak in the folbwip,~ order. {a) to all reasonable costs and expenses of the sale, including, but
<br />not-Broiled b, Trttalee's fees-of aol more than 1/ L O f 1 ~ of the gross sale price, reasonable attomvy's fees sad coals of
<br />[Nk evNeger (b) to all sums secured 6y this Decd of Trust; acrd (c) the excess, if any, to the person or persons legally entitled
<br />tic+alo.
<br />I4. Bomrwer's Right to Reinslafe. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,
<br />Bargwer shat) have [he right to have any pn>teedings begun by Lender to enforce this Deed of Tnist discontinued at
<br />any time prior to the ear{ier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sole contained
<br />in'this Dead of Trus r i`ii e'try of a judgment ertf.,- rg this Decd • 4tts. if: ' Bcrmwer pa ° L^^de, al! sums which would
<br />be then due under this feed of Trust, the Note andnotes secunng~Future Advances, rf anY.•had no acrelerauon txcurred:
<br />ib) Barrow~er cartes alt brcacltes of any other covenants or agreements nP Borrower contained m this Deed of 'T'r use
<br />fe) Borrower prays atl reasonable expe~nscs inarrad by Lender nod Tl'ostce in enforcing the rnsenants and agreements rat
<br />Borower wnuuned in tH~s flied irf T7ust and m enforcing Lenderi and Trustee's rrntedies ae pnrs~Jcd m paragraph 1R
<br />hereof, inchnlittg, buk not [united ta, teasanable aitarnoy"s fees: anti td) Borrower lakes wch acuun as Lcndrr may tea<unsbly
<br />ragYyre R> salute that the hen of thrx Dead of TrueY. Lender. raterest m die Prrsperty and BE~rrower's nblrgatum t.~ pay
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