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84 -001989
<br />9. Cottdemnallun- The proceeds of any award or claim for damages. direct or conuquential, in connection with any
<br />condemnation or other taking of the Propert}•, or part thereof, or for conveyance in lieu of condemnation, are hereby assigtxd
<br />and shat! be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums ucured 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 />1 otherwise agree in writing, there shall tx applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is ual to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />eking bears to the fair market vahx of the Property immediately prior to the date of taking, with the balantt 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 (ails to respond to Lender within 30 days aher the date such nWice is
<br />mailed, Lender is atdhoriud to collect and apply the proceeds, al Lender's option, either to restoration or ropfir of the
<br />Property or ro 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 nW extend
<br />or postpone the due date of the monthly installments referred m in paragraphs I and 2 hereof or change the amount of
<br />such trotallments.
<br />10. ^orrower Nd Rekaeed. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender m any successor in interest of Borrower shall not operate to releau, in any manner,
<br />the liability of the orfginal Borrower and Borrowers successors in interest. Lender shall not be required to wmmentt
<br />proceedings against such successor or refuu to extend time for payment or otherwiu modify amortization of the stems
<br />secured by this Decd of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11. Forbearance by Leader Nd a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwiu afforded by applicable law, shall not be a waiver of or preclude the excrete of any such right or remedy.
<br />T'he procurement of insurance m the payment of taxes or other (fens or charges by Lender shall not be a waiver of Lender's
<br />right to axelerate the maturity of the indeMedness secured by this Decd of Trust.
<br />12. Realedks Camalative. All remedies provided in thts Deed of `Frost 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 />successivelyq
<br />1J. Saccemors sad Asrigas Board; )dot sad Seven! Liabllhy: Captforts. The covenants acid agreements herein
<br />contained shall hind, and the rights hereunder shall more 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 the paragraphs of this Deed of Trust are Eor convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notke. Except for any notice requred under applicable !aw to be given m soother manner (a) any notice to
<br />Borrower provided for in this Deed of Trust shalt be given 6y mailing such notice 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 />Ib) 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. UrtJorm Deed of Trml; Gatrernitlg t.aw: Sevenbitlty. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants wnh limited vanations by jurisdiction to constitute a uniform security instrumem
<br />covering real property. This Decd of Ttvst shall be governed by the law of the jurisdiction in which the Properly is located.
<br />In the event that any provision or clattu of this Deed of !'rust nr the Note conflicts with applicable law, such conflict shall
<br />not affect other provtstons 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 Trttst and the Notc arc declared to be severable.
<br />16. Borrower's Copy. Borrower shall he funnshed a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Traasfer of the Properly; Aawmptdat. If ail or any part of the Property or an interest therein is sold or transferred
<br />by Harrower without Lender's prior wntten consent, excluding ta) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purehau money security interest fur household appliances, (c) a transfer by devise.
<br />descent or by operation of law upon the death of a loin tenant or td) the grant of any leauhold interest of three years or less
<br />no[ rnmaining an option to purchase, Lender may, at 1 ender s option, declare all the sums secured by this Deed of Trust fn be
<br />:mrtrediately due and payable. Lender shall have waived such option to accelerate iC, prior to the sale or transfer, Lender
<br />seed the person to whom the Property is to be sold ur transferred reach agreement in waling that the credit of such person
<br />is satisfanory to Lender and chat the interest payable on the sums secure) by this Dced of !'rust shall be at such rate as
<br />Lender shall request. If l.endu has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />m interest has executed a written assumption agreemem accepted in writing by Lender, Lender shall release Borrower from
<br />all obligatw~s 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 hereo[. Such notice shall provide a peon) of not Icss than 3U days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower farts ro pay such sum's prior ro the expiration of such period,
<br />Lender may, without further route or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NoN-U NIFOaM CrrveNANr c. BVrr(wrr and IA'ader further rnvenam and agree as follows:
<br />18. Accektafioa; Remedks. Except a, provided in pma~raph 17 hereof, upon Borrower's breach of any covenant or
<br />ttRrermem of Otrrrower in This Ueed of 'Frost, iocludirgl lhr covenanh m pay when doe any sums secured by Ihie Deed
<br />u/ Trust, I.rwder prior to acceleration shell mail notice to Borrower as provided in paragraph 14 hereof specifying: (t) the
<br />Meath; 121 the action reyuired to cure swh breach; (JI a date, teal lest than 30 days from the date lhr notice is ntaHed to
<br />Surmwer, by which such breach must be cured; and li) Ihal failure to cure such breach on ur before the dale specified
<br />in the twtirr may resell in acceleration of the soots secured by this I~rd of Trust and sale of the Properly. The nolitt
<br />shall futthrr inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the tmn-existence of a default or any other defense of Burrower lu acceleralarn and sale. I( the breach is not cured
<br />tin or before the dale specified in the notice, Leader at Leader's option tray declare all of the sums secured by Ihu Deed
<br />of Trust to M immediately doe and pa}ante without further demand anJ may ms eke the power tit sale and soy Wher remedies
<br />permitted 6y applicabe taw. lxnder shah he entitled ro collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided is Ibis paragraph I8, iodadiigl, bW not limited to, reasonable attorney's fees.
<br />If ilia pONCr Of Sale B invoked, Trustee shall record a notice of default in each counts in whkh the Yroperfy or some
<br />part thereof is located and stint! mail copies of such trotter in the moaner prescribed by applicable law to Borrower •rnd to the
<br />Wher person prescribed b} applicatok law. AFler the lapse of such lime as may Ire required by applicable law, Trustee shalt
<br />give pti6lic mdice of sale to tM perwns and in Ihr manner prescribed b} applicable law. Trustee, without denund tin
<br />~arrowrr, shall se1116e Property at public auction to Ihr highest Milder at the tinic and place and under the terms designated
<br />in the notice of sale io one or more parerLs and in such order as Trustee may determine. Trustee may postpone sale of all
<br />ur any puce) of 14 Property by pulalir announcrmenl at the time and place of any prey iuusly schedtded sale. Lender or
<br />Lender's desttttre may purchase the Proprrl} at ao} sale.
<br />Itpan receipt of psyruent of 16e prier trid, Truster shall deliver to the purchasvr 7"roster's decd rsnn ey tit); the 1'ruperh
<br />soM. The recitals W the Trustee's load slwll 6r prima facie evidence of the truth of the slaltvitrnts made therein. 'li•uster
<br />slwll a~y Ihr prer-aads of tM vlr is lhr Rdkrwiag order: 1af to all reasonahlr cusL+ xnd expenses of the sale, irrcltnliryy,,, hul
<br />rwN limdell fu, Trustee's Errs of rrol men IIWa ty of 1 ~ of Ihr gross sate prier, mas~roabk attorney's Errs and rose of title e. idence:
<br />thl to all sums srcarrd by this Ikad of Trust; and Ic) lhr ever. s, ff any, to the person ur prrxms legally rntltled fhrretu.
<br />14. bnowrr's Ri4ht to Reinstate. Notanhstandmg I coder s accrletaUun .d the .urn .ccurrd h} thn Ik•rd af -1h..!.
<br />L. t~rrawer shall have the right to has•e any prvaeedings begun by Lrndcr trt enF r r thrs !lr i+ of lieu ~ I scnnt~nued e~
<br />any tente prior to ihr coeliac to t+iurr of irl the fifth day t.elorc the .eke f the Profu its pa rsuutt 1 the puff t t sale umt.uned
<br />an this Dec<7 0l Ttust w fu) entry of a juzltpmenl enforcing the Drrd of 3 n t f tat 8 re tier pas 1 xicr al! s m whi, h .x,+u;d
<br />trt thin due under this Ikrd n( Trust, the Note and nuts ,ecunng Future Ads antes, d .rap, had na a~.ekretion naw~rd
<br />+h) BUrnwrt cubs nIl btesehrs of any other crvenants ,~ agre~emenn of Rorrowci ~antaincd .n thr~ 1?ced of Irua.
<br />ire BorYewar pays all reasonatste espy nses mi urrad by Lcndrr and !raster m tn(o~. mg ih< .ucnanh and agrcrmcrrrti of
<br />Harrower coutairoed m thrs Lkcd of l-not anal i enfor. ing t toilet's rnd feu-,tce~~ rd ie~ .+, prrnnlyd ~~ p.r r.tgi.r~h ~n
<br />he rc,'+f, mciudetg, lies nrri IunSMd to. rcawana.hle altornes's far. and tell Bcnmwer t:~kcss+ rth e.; n+n a+ 7 code; ant ar ir.,.~+n.J~h
<br />rcYlu~re t6 assort that Ehr tern of than Deed of Rust I ends r'~ mtesc+t m the Pr.=pr cis era! H,irt,~,. erA ohlrgeti,m r, ~ .
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