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84.... 001961
<br />9. CotrdemaaNoa. The proceeds of any award or claim for damages, direct or consequential, in connection with anv
<br />condemnation or other taking of the Property, or part thereof. or f?x conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<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 ague 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 I1eed of Trust immediately prior [o 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 to 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 to respond to Ixnder within 30 days after the date such notice is
<br />marled. Lender is authoriud 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 shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change [he amount of
<br />such tnstsllments-
<br />1@. @orrower Not Rekared. 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 Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrowers 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 Dad of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />1 L Forbearance by Lestkr Not a Wtdver. 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 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 indeMedness secured by this Deed of Trust.
<br />t2, Rerrtredies 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 er afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Sueeeaors sad Assign 6oand; Jdnt awd Several LiabfBfy; Caplfons. The covenants and agreements herein
<br />wntaincd 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 17 listen! .411 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 arc not to be used to
<br />interpret or define the provisions hereof.
<br />]I. Notice, Except for any notice requred under applicable law to be given in another manner, fa} 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 notitt to Lender as provided herein, and
<br />(b) any notice to Lender shall he given by certified mail, return receipt requested. to Lender's addreat statsd 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 !.ender when given in the manner designated herein.
<br />l5. UeHoem Decd of Trash GoverainF Law; SeverablBty. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by µtrisdiction In constitute a uniform security insVUment
<br />covering real propetty. This Deed of Trust shalt lx governed by the law of the jurisdiction in which [he Properly 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 ran he given effcet without the conflicting provision,
<br />and to this end the provisions o[ the Deed of Trust and the Note arc declared to be severable.
<br />l6. @orrower's Copy. Borrower shall be f urntshed a conformed copy e[ tbe Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Totter of the f4speny; Amamptloo. If all or any part of the Property or an intetsst therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding ta) the creation of a lien or eneumbrantt subordinate to
<br />this Deed of Trust, (b) the creation of a purchsse nwney security interest for household ap lances, (c) a transfer by devise,
<br />descem or by operation of law upon the death of a taint renam or I d) the gram of any) old interest of three years or Tess
<br />not containing an option to purchase, Leisder may, at Lender i option, declare all the sums secured by this Deed of Trust to be
<br />rmrnediately due and payaWa Ixnder shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person w whom the Property is to he sold or transferred rwch 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 Trost shall be at such rate as
<br />Lender shall request. if Ixnder has waived the option to accelerate provided in this paragraph I7, nod if Borrower's successor
<br />m interest has executed a written assumption agreement accepted in writing by !.ender, Lender shall release Borrower from
<br />all oWigatio[rs under this Deed of Trust nrxl 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 net less than 30 days from the date the notice is mailed within
<br />which Borrower nary pay the sums declared due. If Borrower Earls «> pay such sums prior to the expiration of such period,
<br />Lender may, witfiout further nmice or demand on Borrower, invoke any remedies permitted by paragraph I B hereof.
<br />NoH-UNIFORM Coven,vNrs. Borrower and Lender further covenant and agree as follows:
<br />Ig. Accekralgn; Remedies. Fscepl as provided in parit~rapM 17 hereof, upon @orrwwer's breach of any covenW or
<br />agreement of breowrr ie This Deed of 7'rrrsl, including the coceaanls to pay when due soy setae secured by this Deed
<br />oI Trual, Lender prior b accrkralion shall mail notice to @arrowrr as provided in parttErap6 I4 hereof specUylnR: (1) the
<br />breach: 12) the anion required to cure such breach; IJ) a dale, not less than 30 days from tl[e dale the nolFce is mailed to
<br />@ormwer, by which sucA brearb must be cured; and i4) Ihu failure to cure such brcwh on or before the dale specified
<br />in the rwtlce may resell io acceleration of the sums secured br rhiv Deed of '1'rusl and sale of the Property. The nolke
<br />shtr@ further inform Borrower aF the riRAl to reirWate aflrr accelrratimr and the right to bring a court action In assert
<br />the mm-exisleRCe of a de(autt or any other defense al Borrower Io acceleration and sale. If the breach is not cured
<br />oa w before Ihr date specified in t-e notice, !coder a1 I.eodrr's option may declare alt of the soma secured by Ihts Ihed
<br />of Trust l0 fir immedmtely due and payable without Ferthrr demand and mar invoke the power of sale and any other rearrdia
<br />permitted by applieahk bw, Lender sbaU be entitled to calker all reasuaade costs and rxpenses i[tcurred in pursuing the
<br />remedes provided in thk paragraph IB, includiwg, bm na limited lo, reawtmde attorney's tees.
<br />It 14 power of sale is invoked, Trustee shall record a notice of default in each coualy in which the Property or some
<br />part thereof a Mrcakd and shell mail copks of such notce in the maerwr prescribed by appltcahk law to Borrower and to the
<br />other persoav prrESCrFbed by applfratrk law. :titer the lapse of such time as nray be reyuired by applFcablr law, Trustee shall
<br />hive pudic nelltY of sale to the persons and in thr manner prexri4d by applicable law. TrustM, without demand on
<br />@errower, sWl ae@ !k Property u public auclave to the highest bidder al Ihr time and place and under the terms designated
<br />ie Ik notice et sek is one or more parceb and in such order as Trrrvlee may determior. Truster may postpone sale-of all
<br />or soy pastel of the Property by public awnouncemem of the lime and place of any previously scheduled salt. Lender or
<br />la-~er'a drai@nse may perehme Ik Property at any sale.
<br />Uppwwrr rsa'p~el 1 of payment of lbe prier bid, '1'rvster shaft dt:l)vrr [o tltr purchaser ~I'ruiter's Acrd conveying the I'rolwrt}
<br />sold. lire reelects ie the '1lvtstee's dard shall be prints tacit ertlrncr of tlw truth of Ilw slatruwnls roads therein. 1'ruslrr
<br />slab trpply t-r prucreds of Ibe aalr io lhr folhrwipg order: tat to all reasoirabk coats gird rxpeoses of Ifw salt, ins;ludfng, bm
<br />mN limned W, "frnstre'x foes of not rrairr than ty of 1'x. of lhr gross sale privy, rrastroabk atttrrrwy'x Errs and vrxsts r>i dtk rvidrnce;
<br />tb) b a@ sums srxvrrrd by 16iv Decd of Trust; and Ir) tlw rxrrss, if any, to thr prrsun or prrswu IvgaUy eotittrd thereto.
<br />IA @pnvarrYa Ri@bl to Reiwstite. Motu nhstandmg Lender's ac<cterauon rd the wme .tuned trs Ihr, DecJ of Inn:.
<br />liorrcrwrr shag hoot the right to hart any protecding> hrgun by t enchr to enfura- this Decd ref Truer drscnuunsred at
<br />any rime pric+r Eo kix rariiet to oc:.+rz of 6) the fifth .fay before the ±ale tit Ihr Property pursuant to the pnurr of ad¢ cont:rrneai
<br />en [fns Deed of Trtivt ur fit} entry of a judgment enturcing thi± I)ra:d u( Toast rf: 1 n! Burrower pay+ Lender alh cunt. why, h W .rued
<br />Mc [iron due under t)ris Cked of T}usE, the Nate scot notes sr'cunng Future Advance,. ~( anv. had n,+ a. relcranoa oca ur red.
<br />Rg Burrawx:r cams aB hreaehrs r+! any other covenants or agrecntents ni Borrauer ionsamrd m thn fR~d .~f Trmt.
<br />tc) Borower pays ail rrar+.!nabic rxpctrses tncurrrd Cry I ender sled T'rs+stee in cnfcuang the n .enantc anJ ago rzmcnt+ .~
<br />N+~rtew~r eczntaioed io this Decd ad Trvat +usd rn enie>tt tog Jrnder's end Iruatee ~v remrd+cs ns pr.n tdrA rr. E+.rrag r.rph is
<br />lister!, irrc4uriing. twt not )tmrtrd Its, rcaxsnafa{e :nEurrxy~: lecz. and 1+)! B<?: rower t.;kes ,:rah a~rruo as t codes rna, is i,.ahia
<br />rrgtrsrc ti. a3AUh that else Itr» of this Dread of tr use, 1 codes ~+ !ntcre,t rn r'xc Ptarpcny anal Burrrt.arr-, ,=hlrg:rrr. •r! +~• ~•.rt
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