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<br />83- tJ03596
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<br />! 9. C_demnation. The proceeds of any award or claim for damages, direcl or consequential, in connection wit~ 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 Lender.
<br />In the event of a total laking 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 agree 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 amounl of the sums secured by this Deed of Trust immediately prior to the dale of
<br />taking. bears to the fair market value of the Property immediately prior to the date of taking, with tbe balance of the proceeds
<br />paid t.o B()rrower,
<br />lfthePropertyis abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to ~ak.e
<br />an award or settle a claim for damages., Borrower fails to respond 10 Lender within 30 days after the date such .notlce IS
<br />mailed, L.ender. 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 Deed of Trust. . .
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds topnnclpal shal1not extend
<br />or postpone the due date. of the monthly instal1menls referred 10 in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10, Borrower Not Released. Extension of Ihe time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender 10 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 be required to commence
<br />proceedings against such successor or refuse to extend lime for payment or otherwise modify amortization of. t~ sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors 10 mteres!.
<br />11. Forbearance by' Lender Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall nOI be a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insuJrance 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 indebtedness secured by this Deed of Trust. .
<br />11. Remedies Cumulative. All remedies provided in Ihis Deed of Trust are distinct and cumulative to any other fight
<br />or remedy under this Dc.'Cd of Trust or afforded by law or equily, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure 10, the respective successors and assigns of Lender and Borrower.
<br />subject 10 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 pl'ovisions hereoL
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice 10
<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 nOlice to. Lender as provided herein, and
<br />(b) any notice to. Lendeli shall be given by certified mail, return receipt requested, to Lender's address slated herein or to
<br />such ather address as u:nder lIlay designate by notice to Borrower all provided herein. Any nOlice provided for in this
<br />Deed of Trust. shall be deemed 10 have been given 10 Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; GonrnilllC Law; Severability, This form of deed of Irust combines uniform covenants for
<br />naliomll use and non-uniform covenants with limited variatIons hy jurisdiction to canstitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />In the event that allY proviSion or clause af this Deed of Trust or the Note conflicts wilh applicable law, such conflict shall
<br />not aJlect other P'flWISioIlS of tllis Deed of Trust or the Nole which can be given effect without the conflicting provision,
<br />llnd to this end tbe provi.sions of the Deed of Trust and the NOlI.' are declared to be severable.
<br />16. Borrow'el"s Copy. Borrower shall be furmshed a conformed copy of the Note and of this Deed of Trust at the lime
<br />of c.\ecuII()n or alter rccl)rdation hereof.
<br />11. Tnmsfer of tbe Property; Assumpdoa. H all or any part of the Property or an interest therein is sold or transferred
<br />by 8orrower without .Lender"s prior written consent, e.llcluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise.
<br />descent or by operation o!f law upon the death of a Joint tenant or (d) Ihe grant of any leasehold interest of three years or less
<br />not colllaining all option 10 purchase, Lender may, at Lender's opllon, declare all the sums secured by this Deed of Trust to be
<br />immediately dueamd pa)'able. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the pefS(m to whom Jhe Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Llmder and thai the interest payablc on the sums secured by this Deed of Trust shall be at such rate as
<br />l.ender shall re'lu~t. If Lender has waivcd the oJltion to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has elu:tllltcd a, written assumption agleement acceptcd in writing by Lender, Lender shall releallC Borrower from
<br />all obligations under this Deed ofTrusl and the Note.
<br />If Lender elleticises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such noti~-e shall provide a period of not less than 30 days from the dale the notice is mailed within
<br />wbich Borrower ITIlIY pay the sums declared duc:, If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, withollt furlilw:r notice or demand on Borrower, invoke allY remedies. permitted by paragraph 18 hereof.
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<br />NON-UNil'OIl.M COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. A,'o:elenltiuo; Remedib. 1o:xcept as provided in parll&rapb 17 hereof, upOII Bon.we". breads of any co\'e1l1llUlJ or
<br />~tJu:nt uf BorrlJWer !in tbis l>eed of Trust, indudilllC the co\'ellanls to pay when due any 5_ secured by this Deed
<br />of Trust. Lender priur to acce~rationsbaJl mail notice to Borro\li'er .. provided in plI.I'lI&I1Iph 14 hereof specifying: (I) tbe
<br />bn:.liKh; (2) 'hc adioJl recluired to cure suds breach; (3) a date, not 1_ thaG 30 daYIi from the date the notice is mailed to
<br />Borrower, by wbiclll sud. breach mlllit be cured; and (4) tbat failure to cure such breads on or before the date specified
<br />in the notice ma) result in acceleration of the sums secured by tbis Deed of T... andllllle of the Property. The notice
<br />shall further infonn BoI'rower of the right to reilllt1ate after ac(:eleratiol1l and the right to briD& a court action to assert
<br />tile nc",-existelH;~' of a default or any other defense of Borrower to acceleration. and sale. If the breacb is not "ured
<br />on or before the date spl:cified. in the notice, Lender al Lender's option may dulare all of the suma secured bytbili Deed
<br />ofl'rUSI to be ilmnediately due and payable without further demand and may invoke the power ofllllle and UJ otbeuemedies.
<br />permilled b)' appllicable law. LeruJer sbaJl. be entitled to collect ail reasowallle cOllits and expensa iI1Ieuned in punwng the
<br />remedies prol/wed in this paragraph 18. indudilllC,but not limited to. reasonable aUorney's (ea.
<br />If the power of sale is invoked, Trustee shall record a notice of delaull ill eacb: county in which the Property or some
<br />part thereof is located ami sball.maiI copies of sucbnotice in tite manner Pm;('ribed by applicable law to Borrower and to tbe
<br />oUrer per.sQ1IlS prescribe4 by applicable law. After the lapse of sucb time. ~. may be required byapllikaiie isw, Trusiee shaiI
<br />ginp.ublic nolice. of sale to theper.sQQ.S and ioUte manner prescribed by applicable law. T~ee. without demand on
<br />Borrower, shall s.c:lithe Proper>>' at public auction to the highest bid~r al tbe timeaooplace and under t)1,.~ terms designated
<br />ill the lU)tice ofsaJein Olleor moreparcc1sand.in s~h order as Trustt(\ may determine. T.rosleemaY postpone sale of all
<br />oral1)' ~rcelof 1lWe Pf9~ny by pUlllic annoum:e.ment lU the time andpllace of lIDY previously scbeduled. sale. Lender or
<br />Leudel"s~igJlleema)' PlllfCb~ the Property at any..
<br />Uponreceipi\of plIy~mo'ttteptjce bid, Trustee shall deliver (0 the pUrc:ill..se.r T.roslee'sdeed couveying.the Property
<br />s9ld.. The..,eci~a.Is intl~e.Trustee's deel:l.sbatl he. prima facie evi<<!.ellce of. t~ t~ of. the. statemerUlii .macie . therein. Tnrsiee
<br />the proc~S(lf tbeti.lJkin .tlie..foIJ.o'l'i!ing QEder. la) toall~nableC:~lIIlde<ltpe~of.'hesaJe,inc:ludl.ng, but
<br />to'.:I' . of l1j)tiI110n:t-'lIJJ. . . . . 05 % of thegr-asssalepri(.'(:.reaso~attomey'~ ~_and costs of
<br /><.;e. (i,llt9 ~~by tl1li$i)eedofTrus1;and(c) the ""lt~.if~, to the pe~a or F~Bll !ep!!yentit.led
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<br />dIereto.
<br />19. Borrower's RiJ;tlt to Keinstaf.e. Notwithstanding Lender's acceteration of the sums secured by Ihis Deed of Tru~L
<br />BoHower ..hall have the right to have 'gun by Lender to enforce this Deed of Trust discolltlfiued at
<br />. ellrl~ler to oc.cur'.of (i) . ~ c the sale of th~ Property pursuant to the power of sale contained
<br />Qr fa} entry of 1I Judgment enfof.cmg tillS !Xed of Trust 1f; fa) Borrower pays Lender all sums which w01lld
<br />be then due under Ihi5 Oeed of TruSl, the Note and nOtt'. $Cclll'lng Future Advances, If any, had no acceleration occurred:
<br />{b} BomMer cures all bre<lchu of any other l:O"'CI1:111111 or agfl,.'ements of Borrower contained in this J);:ed of Tru,t,
<br />(c) Borrower fliiy'! aU n:,iKill.llble e~fle!l~:> incurred by Lende. and Trustee in enforcillg the COVellll.ll!~ and ligrt'efllClll~ or
<br />Borrow~r ,;ol1~aitled in Ibi~ Deed of Tws! and 111 el1f(l~dl:g Lenuu's and Trustee's rem(.'die~ as provi\wd in paragraph 18
<br />hereof. IfIdudmll, but not hlYlltcd to, rcawlllil;>le lIHou.ey 0; h":~:, i;u~d Id) &crowe. takeli< such acI;<:>n as t...ndcr may reasonably
<br />f<..'q'.m~: to i1!$un: Ihal !h,~ !Jen IJf thl$ Deed d TrH~t. h:nder!i Interesl In Ihl: Property alld Borrower's obligation h.) p""y
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