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84 -- Op1780
<br />9. Cae4waNoe. 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 dull be paid to lender.
<br />In the event of a total taking o[ 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, [here shill be applied to the sums secured by this Deed of Trust such proportion of the prooeeda
<br />as fs egaal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking beats to the fair market value of the Properly immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Burrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oHas to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days afar the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds, at LertdePa option, either to restoration or repai[ of the
<br />Propary or to the sums scerfred by this Deed of Trent.
<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 1 and 2 hereof or chance the amount of
<br />such rmtallmeets.
<br />It, Basssrrer Nof Release!. Extension of the time for payment or modiflcatian of amortization of the sums secured
<br />by this Deed of Trust granted by Leader ro 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 no[ be required to rnmmena
<br />proceedfnp against such stacwor or refuse to extend time for payment or otherwise modify amortization of the surm
<br />secured by this Deed of Trust by reason of any demand made by the original Borrnwer and Borrowers stccessors in interest.
<br />I1. Reabeaaeee by Leader Not • Wafver. Any forbearance by Lender in exercising any right or remedy hercundeq or
<br />otherwise afforded by applfable law, shall not Ire a waiver of or preclude the exercise of any such right or remedy.
<br />The procuremem of rmurance or the payment of taxes or other liens or charges by Lender shall not he a waiver of Lender's
<br />right to accelerate the maturity of the indeMedness secured by this Dad of Trust.
<br />li Rawalks CssststWve. All remedies provided in this Deed of Trust arc distixt and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law er equity, and may be exercised couctrrrently, independently or
<br />succewf
<br />1~. ul Arolgr Baaul; )aMt ad Several IJabiYty; Caplbar. The covenants and agreements htuein
<br />contained shall bind, and the rights hertunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph t 7 hereof. All covenants and agrcertxnts of Borrower shall be join[ and several.
<br />The gptiom and headings of the paraggraphs of this heed of Trust are for convenience only and arc not to be used to
<br />interpret or define the provisfom ttaeof.
<br />lt. Nalke. Except for any rmnce regwred under applicable law to be given to anaher marten, {a) any nohce to
<br />Borrower provided for in tfiis Dad of True[ shall be given by mailing such nauce 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 Ire given by certified mail, return receipt requested, to Lender's address slated herein or to
<br />such alter address as Fender may desigm[e by nonce to Borrower as provided herein. Any notirx providd for in this
<br />Dad of Trtrat stall be deemeil to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uaiterw Deed d Tttstt; Cszerwittg Law; SeverahBky. This form of deed of trust rnmbines uniform covenants for
<br />national use and non-uniform covenants with limited vanadons by lunsdicuon to constitute a uniform security instrument
<br />covering real properly. This Died of Trust shall t?e governed by the Vaw of the ;urisdiction in which the Property is located.
<br />In the event that any provrsran or clause of thts Eked of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provsions of this L7ead of Trust or the Note whicY. can he given effect without the conflicting provision.
<br />and to this end the provisions of the LhYd of Trust and the Note are declared to be severable.
<br />It. Borrower's CepY. Borrower shat! Ere Irumshed a conformed copy of the Note acrd of this Deed of Trust at the time
<br />o! execution or after raosdanao hereof.
<br />1T. TYaaa/er ad the PrepMy; Aasuwpllaa. If all or any pan of the Property err an interest therein is sold or tramferred
<br />by Borrower without Lender's pnor written consent excluding (a) the creation of a Tien or encumbrance suborduute to
<br />this Deed of Trust, (h) the cnntion of a purchax nroary security intarcsl fnr household appliaaus, {c) a transfer by devise,
<br />decent or by operation of law upon the death of a loim tenam or (d) the grant of any leasehold ioteres[ of Ehree gears or less
<br />trot coatainini an option to purchase, Linder may, at tender's option, declare all the sums secured by this Deed of Trrttl to be
<br />immedia[ey due anti payable, Louder shall have waived such oplwn to acceleraue ii, prior to the sale or transfer, Lender
<br />and the pe[wn to whom the Property is to he said or transfened resch agreement in wtitinS that the credit of such parson
<br />is satisfactory m Lendw acrd that the interest payable an the sums secured by this Deed of Trust shat) be at such rate as
<br />I.erda shall request. [f Lender has waived the option to accelerate provldad in this pangnph 17, and if Borrower's successor
<br />zn irrleretl has exceuttd a written asawnplion agreement accepted in writing 6y Lander, Lender shall rcleax Borrower from
<br />all obligations under this Deed of Trent and the Nate.
<br />If Lender exercises such option to accelerate, lender shall mail Borrower mice of acceleration in accordance with
<br />para{nph IA hereof. Such notice shall provide a per~ad of not Irss than 3U days from the date the notice is mailed within
<br />which Bwrower may pay the surtn declared dtre, If Borrower fads to pay such sums prior to the expiation of such period,
<br />Lender may, without further notice err demand on Borrnwer, invoke any remedies permitted try paragraph I S hereof.
<br />NoN-Urrtroaa[ Cavenatvrs. Borrower and Lender further covenam and agree as folbws:
<br />1& Accekratiae; Rrwelks. Excep/ w prorNed is paragraph 17 he[ear, opus Barrowet+a breath of any coveeaN or
<br />+r(eraeareet of Barrwwer is thi Deed of Trtaf, taclrliag the corewanss m pay whew der mY saws sacral by this Decd
<br />of 1'rw, Leader per to acce4rMton s-aY wail notice w Borrower as poviled in psettpaph 11 Mteaf speritYNrgt Il) Iba
<br />haeac-: (21 the attiiaer regairel to ewe cwh breach: {31 a date, net teas than, 38 lays trove the dale the aWiee is stsaBsd to
<br />Barmwa, by which ser- hetarA mrrat 6e carrel; awd Nl EbN fatlare to rrre aae- breach on or 6etore Iht dale spciBed
<br />in Ihs aalke wa,Y reed[ in acvYkrrliow of the sums seemed by this Iked of Treat and sale of 16e Properly. The sake
<br />shay rather udarw Borrower of the ri`hl to «itsslate afla arrekratiw and the rig61 Eo a roar! action to wcert
<br />lbe nru-exisseace o[ a dNarrM nr anY char drta~nss of 6urrowrr is wrYlrratias and sale. 1 the breach is nor cured
<br />a ur berate the lase spcifd ie the notice. !.enter N I.ewder's oplioe easy dahrre aB of the sows secured by his Deed
<br />d TrW to Ee iearareliately der and pyable wtlhaat father demand and may invoke the power of sale and asy aka rerredks
<br />pratidd dJ applieahk law. t.aaier shall lee eMitkd to eoYert atl reasowabk costs and exprwts incurred Yn pursdng the
<br />rcwelias pruvilad i• this psaagraph Ig, iwclrliaR, bw cwt IirnNtd te, rcaconahte sUOraeY's fee.
<br />11 slr pwYr of sale is iwvoksd, Tras/ee shill record ^ entice of defadt is each county in whkh the Property or some
<br />pal Ihareo/ is Iw.atd rrsl sWl wail co+ies of swrA nutire in eke mawaer prtsrribed Dy appliraWc 4w to Borrower and to Ibe
<br />who prsws presrrihel Yy etpplieahk (ave. Arta the lapse of sash (true as may he required by applicable law, Trusts ehdl
<br />give pObltc aaUre or sale to lht prsam ani ie fhe manna prescribed by applicable law. Trtwite, wifbrrut drmarrd on
<br />Bartwwa, shag set! t-e Properly ere pnYBc aw•tion to the highest bidder at the lime and ptacr and under the leans designated
<br />iw the ealkY of sale iw one a worm pacels and M such order ri Trustee may drterrdae. Tragee may poWpmse sde of all
<br />~~Mrrel at Ibe PtwpeY ~pobBc awna~ ~e ~,at the time and elver of any previously schedakd sale. tender or
<br />wtT t~b~ ~pnY y
<br />L;'/ae of PaYatarU d the pritY bN. Trrnter shag dtliva W the purchrnrr 77wstvY's dreJ vsmveyiag the Property
<br />seld, llle rxcilais w Ibe Trwch+r's Auld shag be prima fLcLe evidence ul the truth d the stalewenfs made Ilterdrr. 7tmiee
<br />sb!sY tba or the stir n the IoYnwieg order: fat to all reasaoable costs and expenses ut the sale, inrludiag, but
<br />aa# 1i~st fell Mq, ~'s tees a nut asarr tk~an ~i ot,9F of Use grow! s~aiw prim, rrasunahk attottreY's ryes arts ecwts of title rvidrncr;
<br />tbl b allslapts.saaWCl by this [teed nt if'ast; acrd del the cxaYOr, if say, to fhe pavans er prsrms Ip;aBy eaUlhd thereto.
<br />M, Baraawer'a Rtgtlt [4 RaiahlR. Notwrthstandrng l..endor`s aticc keration ~F the corns s~rurrd by rlrw Fred it Tent.
<br />Botrgaver shalt Itavc the right to have any farcx~eedings l'?egun by Lender to enforce this nerd of iruat dzsc:anrmurd at
<br />any finte prior to the earLar Ea ?~rcur of {;) the ditb day t,eforc the sale elf tM: Pnpeny pursuam w the power of sale centurned
<br />rndtial~eratofTrusttar{ri?entryof a judgnsent enforr3ng [hits Deed of r€wa d. (a) Borrower paYS I_rndar all rum: which would
<br />rte then due under thn Iked of Trust, the Nate and notes securing Future Advans-es, d any, had n<z acce3erat+esn rxc urrcd.
<br />{hl Botrcnsaf cares alt bre~lrrs of any ot#rer ansYrxants or ugraemrnts of Borrnwer conrurnrd ire stirs Decd of Trust.
<br />ref {brrow'ar pays off etsssmahta expanses rrtrr.nrred tr_y- Lnndee and 'i~rnstae is rnforcrrtg the ,.v vrnants and agreements a;
<br />Borrower ccertained ee this Dowd ref T'trrst clod rn rnfuterng I~ailrt's acrd Trustec'x rrartrdirs a~ prx>: idrd to tncagraph I:+
<br />3wrr~vf, iactvrdutg, but Hart Irmitasl ter, tcasatkatrlr atfornry'w trams; and td7 &ar n+wcr talzrs such aa:izon us l ender may ~c+tx+r,uhit
<br />rtgcri-rs lei aa~ra tltxt fire teen err this r`krd of T'rtrsr• ! end's rntrrast m tt,c Pr e?;?eay civil ttarxr?wrr'+ ,•bhgatan t,~ ~:,,
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