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<br />83-002742
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<br />9. Condemnation. The proceeus of any award or claim for damages. direct Of consequential. in connection with any
<br />condemnation or other taking of the Property, or pari thereof, or for conveyance in iieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of Ihe Property, Ihe proceeds shall he applied to Ihe 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 wriling, there shall be applied to the sums secured by this Deed of Trusl such proportion of the proceeds
<br />as is equal to that proportion which the amount of Ihe sums secured by Ihis 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 />Properly or to the sums secured by this Deed of Trust.
<br />Unles.s 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 .md 2 hereof or change the amount of
<br />such installments.
<br />10. Bonower Not Released. Exten!'ion 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 oot operate to release, in any manner,
<br />the liabiliry of the original Borrower and Borrower's successors in interest. Lende-r shall not be required to commence
<br />proceedings against such successor or refuse to extend time for pnymeot 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 Lender Not a "'aiver. 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 10 accelerate the maturity of the indehtedncss secured by this Deed of TrusI.
<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 Deed of Trust or ~lfTorded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />] 3. Successors and Assigns 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 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 for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. 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 shaH he 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 hy nor ice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given hy 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 />IS. Uniform Deed of Trust; GovnniRR I..a\\'; Sevel.~biJity. This form of deed of trllSl combines uniform covenants for
<br />national use and non~uniform covenants with limited vari~i;v~:;' hy jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he govc~ned hy the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this Deed of Tru:)t or the NOlC ~onl1icts with applicahle law. such connict shall
<br />not affect other provisions of this Deed of Trust or the Notc which can he given effect withollt the conOicting provision,
<br />and to this end the provisions of the Deed of Trust anlj ~hc Note arc declared 10 be severable.
<br />16. Borrower's Copy. Borrower shall be fllrnis~led a conformed copy of the Notc and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. ~(all nr any part of the Properly or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the crealion of a purchase mone.y security interest for household .appliances, (c) it transfer by devise.
<br />descent or by operation of law upon the death of a juinllcni\nt or (d) the gram of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, ~lt Lenuer\ option. declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have \\'aivcd ~t:;.:h option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom)he 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 on the ~Ufl1S secured hy this Deed of Trust shall be at such rate as
<br />Lender shaH request. If Lender has waived the oplion to aCl..:elcratc provided in this par~'graph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under Ihis Deed of Trust and the NOle.
<br />H Lender exercises such option to aCl.:elerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not Ics~ than :\0 Jays from the date the notice is mailed within
<br />which Borrower may pay the sums dedared Jue, If Borrower fails to pay such sums prior tn the expiration of such period,
<br />Lender may. withoUl further notice or de/nand on Borrowcr, invoke any rcmedies permitted hy paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant ~\Od agree as follows;
<br />18. Acceleration; Remedies. i<:xcept as provided in paragraph 17 hereof, upon Borrower's breacb or any covenant or
<br />agreement of Borrower in this lleed of Trost, including the covenants to pa}' when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice 10 Borrower as provided in paragraph 14 hereof specifying: (1) Ihe
<br />breach; (2) the action required to cure such breach, (3) a dale, not less Ihan 30 days from the date the notice is mailed to
<br />Borrower, by whicb sucb breach must be cured, aod (4) Ihat failure 10 cllre such breach 00 or before the date specified
<br />in Ihe notice may resull in acceleration of the sums secured by Ihis need of Trust and sale of Ihe Property. llte notice
<br />shall further inform Borrower of 'he right to reinstate after acceleration and the right to bring a coun action to assert
<br />the non-existence of a default 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 nutice, I.ender at Lender's option may declare aU of the sums secured by this Deed
<br />of Trusllo be immedialely due and payable without further demand and may invoke the power of sale and any other remedies
<br />permllted by applicable law, Lender shall be entilled 10 collect all reasonable costs and expenses incurred in pursuing the
<br />remedies pro\'ided in this paragraph 18, including, but no. limited to, reasonable aUomey's fees.
<br />If the POWeI' of sale is invoked, Trm.1ee shall record a notice of default in each county in which the Property or some
<br />part Ihereof is located and shall mail copies of sucb nolice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applleable law, After Ihe lapse of such time as may be required by applicable law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property al public audion to the highest bidder at the time and place and lInder Ihe terms designated
<br />in the notk'e of sale in one or more parcels and in such order as Trustee may detennine. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcemeot al tbe lime and place of ao.)' previously scheduled sale, Lender or
<br />Lender's desigoee may purchase tbe Properly at any sale,
<br />Upon receipt of paymenl of the price bid, Truslee sball deliver 10 Ibe purcbaser Trustee's deed conveying the Property
<br />sold. The recitals in the Trustee's d..,d shall be prima facie evidence of the trulh of the statements made therein, Truslee
<br />shall apply Ibe proceeds of the sale in lbe following order: (a) to all reao;onable costs and expenses of the sale, including, but
<br />ndt liudted lo, Trustee's fees o'-not more than .05 % of the gro~"Iii sale price, reasonable attorney's fees and costs of
<br />title ">':Idenee; (b) to a11.ums secured by this Deed of Trust, and (e) the eXl'OSS, if any, to the person or persons legall.)' en tilled
<br />lhereto.
<br />19. Borrower's Riaht to' Rcin..~ale. Notwithstanding Lender's acceleration ,)r the Sllm\ secured hy thl" Deed of THI.../'
<br />Borrowe-r shaU have the right to have any proceedings begun by Lender to enforce this Dct~d ,\[ Tru~1 discontinued .-.1
<br />any time pri(.lf to the carHer to occur of (i) the fifth day before the sate of the Properly pursu<lnt toP the pl}\.\'cr of s<llc ~onlili!lcd
<br />in this Det.-dofTrusf or Hi) entry of a judgment enforcing this Deed of Tntst if: (a) Borrower pays. Lender all sum., whi{.'h wnufl!
<br />be then due under this Deed of Trw.t, the Note and note5 s.ecuring FUILJrc Advaul,.'c50, if any. had no :l1..'-t'c1cr.llion oc('urrcd:
<br />(b) Borrower cures _ all breaches of any other covenants or agreements: of Bormwn {.'ontained in this DCl~d or Tru:st:
<br />fc} Born,",,'t'f P8Y~ aU reasonable c'penw, incurred by '_cnJa and Trustee in enfon.:ing Ihe ;:oven~HlI<, ~Uld agrC'~Illt'fl[" ,\{
<br />B~rrower contai.ned If} this _Deed of Truit and in enforcing Lender'So ;wd Trtl~tcc's: tt'-mCdK\ .as pr-ov-idt'd In paragt.1ph t l\
<br />hereof. i-ndudin,J. buc not limited lO, re-asonable attorney's fe('~, and (d) Borrower tak\.---s .~uch artlon as I.,onder rn~y rC;l'\Conahh
<br />reqUITe to anure that the Hen ot this Deed of TnJ~t. I.ender.... tntert'';.! in fh~ Property ;lnd Rorw!,\cr'", f'll-thgari'Jil to p.:1\.
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