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B4.-�1: 00289
<br />9. Com*masdon. 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 shall be paid to Leader.
<br />In the event of a total taking of 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, there shall he 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 bi this Deed of Trust immediately prior to 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 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 feed 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 the amount of
<br />such installments.
<br />10. Borrower Not Rekmel. 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 Borrower's successors in interest. Lender shall not he 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 interest.
<br />11. Forbearance by Lander Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy.
<br />Me procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Undoes
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedios Cumslsdwe. 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 />Stwcassively. 113. .
<br />and Aedps Bound: Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Leader 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 for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. No". Except for any notice required 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 at such other address as Borrower may designate by notice to Lender as provided btaoin. 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. 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 herahl.
<br />I3. Ura'I- Deed of Trao; Governing Law; SevesiaYBBy. This form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenants with limited variations by ) urisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located -.
<br />In the event that any provision or clause of this peal of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this feed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to this cnd the provisions of the Deed of Trust and the Note are declared to be severable.
<br />id. Booswols Copy. Borrower shall be tarnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Trader of do Pwpesty; AmompaaN. It all or any part of the Property or an interest therein is soldier tromitermid
<br />by Borrower without lenders prior written consent, excluding (a) the creation of a lien or encumbrance subordnata to
<br />this Deed of Trent, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by davits,
<br />descent or by operation of law upon the death of a joint tenant or (d) The grant of any teasebold interest of three years or kit
<br />not containing an option to purchase, Lender nay, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Leader shall have waived such a lion to accelerate if, prior to the sale or transfer,<Lbmjkpr,
<br />and the person to whom the Property is to he 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 />[ender shall request If Lender has waived the option to accelerate provided in this paragraph 17, aid if Borrower's suctomot
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall redraea.Borrower; front
<br />all obli under this Deed of Treat and the Note.
<br />If�tfe der 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 not less than 30 days from the date the notice is mailed -. witbio
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Leader may, without further notice or demand can Borrower, invoke any remediu permitted by paragraph 18 hereof.
<br />NON•UNreoRm Cov r4ANrs. Borrower and Lerner further covenant and agree as follows:
<br />M Accstereliem Remedies. Except n provided is paragraph 17 be , span Rarrowetre kltueb of aW essential or-
<br />arecom l of Detection is tlas Dad of Trans, I - On covemmnm to pay whmn dam any sama eaemla, Ity Ibklk i.
<br />of Team. Lewder peer to accasrris shall a" waiter so Borrower an provided in peseta 1 11. beessf _
<br />bri mb; (2) that action to care marb bacteria; W) a than, ant lam than H �L� -i4R
<br />Rsrtawer, by wbicb sacb� b resat be cored; and r'4) Ow failure to core mwb ' ameb am W brittle olio dw, IM w",
<br />in fie a lice moty ressb in accekmgm all the mss assured by this Dead of Tti* sad solo of din HapAy. JU anon
<br />td)all lm*er sdorm Borrower of the right to miser* Wei acceleration mad the right to bit" a cwt/ mtliaa Is am"
<br />the am-eadasamee of a detaai or may odw defense of Borrower to accekm m and sale. It the bleach in sal calling
<br />an or hfoor IM elan spoiled is him Notice. Leader so Leader's optima rimy declare all of the scam seeomi by d6 Doad
<br />of Times to be immedial* die and Puyside witboul fortber demad and say invoke the power of ask and may offb r Immalloe
<br />rpm p viiedsppliratlt� . tender *0 be esfided to collect all reasonable cams and expenses farrrN is ptnarisTg at
<br />in R Me power of sales inP � Trustee skill record a notice of defr Sys is wYck ibe property or $saw
<br />part Ibanaof s lmcsted and dal mall copra of sock notice in the wanner Prescribed by appihcaiir law to Borrower, and co sba
<br />rsthar panes paaaedbN by appBcabk law. Aher r'be rpm of sorb time m may be rggobd by gI" cable Imo. Trmdsedallf
<br />Ott Public mNke of uk a lie paom and in the romaer pescriWd by mppM.M. mvr. Trams , widand demand N
<br />solona sba no the Property of j)odc section so the kigieN bidder of Ike that sew pie" and antler If* toram designated
<br />is if* ndfaY of si In one or mom Patrick and is such order in Trustee may determine. Trosme my Postpone ask of all
<br />or my pared ad On Properly by public sommaceswm as eke tune and Place of my previt ady rcicdakd min. Lender or
<br />tasdterr�'raodmmtsmm am Nttbmm an Prgerry at say :air._ _
<br />sinld Tlm idols
<br />In Awe Tmm�es deed it" he prima fade ev.' - of the trul/ ley of llm gommemm media dannis. Team*
<br />*nil so* do Protoais s1 lies mk in the foBowina aid"; (a) to an tvssowhbk Boss and expenses of tie tale, but
<br />ant MmYsd be. Tro mos fans of arm more ibsm_ _ I- L, .- -- _ `� of the firms ask price, reason" attsmw o fees of
<br />due etrideaw, (M Me 4111 * r oeconed b) this Dad of Trans; and (c) The ester, it my, to the Persons or persons kgawy edhkd
<br />amaw
<br />Ilk Rai as Rlgkt N Resume. Notwithstanding Lender's aoeeferaton of the .sums secured by this Deed of Trust.
<br />Bmrowet shelf have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />say tram ptior to the catlier to occur of (+) the fifth day before the sak of the Property pursuant to the power of talc contained
<br />in the Dead of Trent or (oi) entry of a judgment entorcing this Deed of Tnut if (s) Borrower pays Lender all sums which would
<br />he than due under this Deed of Trivet. the Note and notes securing Future Advances, if any, had no acceleration occurred:
<br />(b) Bosruwer cures all breaches of any other covenants it agreements of Borrower curtained in this Deed of Trusts
<br />(c) bortowet pays all reasottabie expanses incurred by Lender and Trustee in enforcing tide covenants and agreements of
<br />Borrower iorituanod in this (seed of Trust slid in enforcing L.endeis and Trustee's remedws as provided in paragraph iX
<br />hattiisf, inch rimit. but nor kindled to. reasoroair(c attorney's fees. and (d) Borrower takes such action as I endct mar ruasc,nabls
<br />rogasre eta atault that the (ten of tin- Deed of fruxi, t todet's interest to the Ptoprrty and Borrower', obligation to pas
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