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<br />83--HU3683
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<br />~. CGimleanlllllion. The proceeds of any award or claim for damages. direct or consequential. in cOImec.ion ",ith an:'
<br />condemnation or ,miller talking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall he paid to) Lender.
<br />In the event of a total taking of the Property, the proceeds shaH be applied to the sums secured by this Deed of Trust,
<br />withtlhe excess, if :any, paid. to Borrower, In the event of a partial taking of .he Property, unles.s 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 amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to th,e fair market value of the Property immediately prior to the date of taking. with the balance of the proceeds
<br />paid. to Borrow-er.
<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 th;~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 ] and 2 hereof or change the amount of
<br />such installments. .
<br />10. Borrower Not Released. 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 succcssors 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 DI~ed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />n. Forbearance by Lender Nota Waiver. 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 />righuo accelerate the maturity of the indebtedness secured by this Deed of Trust. .
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other nght
<br />or remedy under this Deed of Trust or afforded by law or equity, 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 to. the respective successors and assigns of Lender and Borrower.
<br />subject to tbe 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 defim: the provisions hereof.
<br />14, Nolice. 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 Addressor at such other address as. Borrower may designate by notice to Lender as provided herein, 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 herein.
<br />15. Uniform ][)eed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shaH 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 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 can be given cffect without the conflicting provision,
<br />and to this end theprovisioDs of the Deed of Trust and the Note are declarcd to be severable.
<br />16. Borrower'sCopy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Propert}'; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower withOUt Lellder's prior written consent, excluding (a) the creatiolJ of a lielJ or encumbrance subordinate to
<br />this Deed of Trust. (b) the creation of a purchase money security intercst for household appliances, (ei a transfer by devise.
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare llIl the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shaIl have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreement .in writing that the credit of such person
<br />is. satisfactory to Lender .and that tbe interest payable on the slims secured by this Deed of Trust shaIl be at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 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 this Deed of Trust and the Note.
<br />H 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 not less than 30 days from the date the notice .is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
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<br />NON-UI'HFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<br />18. Accelel'llltion; Remedies. Except as provided in paragraph 17 hereof, upon Bor~ower's breach of any covenant or
<br />agreemeut of Borrower in this Deed of Trust, including the covenants 10 pay when due any sums secured by this need
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower liS provided in paragraph (4 hereof specify'ing: (1) the
<br />breach; (2) the action ~equired to cure such breach; (3) a date, not less thau 30 days from the date the notice is mailed to
<br />Borrower, by which such breach mllst be ('ured; and (4) lhat failure 10 cure such breach ou or before the date specified
<br />in. the. notice mil)' l'esull. in acceleration of the sums secured by this. Deed of Trust and sale of the Property. The ll()tice
<br />shall further inform BO.Trower of the right to reinstate after acceleration llnd Ihe right to bring a cOllrlaction to assert
<br />the n~'Il-e!d$tence of. a default or any other defense of Borrower IO acceleralion arid sale. if the breach is not mred
<br />I," or before the date specified in the notice, Lender at Lender'soplion may declare ail of the SUITIS secured by this Deed
<br />of. Trtlstto be immediately due and payable without further delUlmdand may invoke the power of sale and anJ other remedies
<br />pef!1littedby applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remelliesprovided ill this paragraph 18, includiug, but not limited to, relilsonable. attorney's fees.
<br />If tbepowerof sale is In\'ok.ed, Trustee sball record a notice. of default in eachcoullty in which il1ePropl~riy or SOUle
<br />pa[ttbiOreof is located amtshaUmail cllpiesof ,su<;h I'oticein the mallner prescribed by app.licable.law to Borroweralld to the.
<br />oth",rpersousp~esclibedb'yapplieable.law. After the lapse .ofsuch lime as may be required by applical.lle law, Trustee shall
<br />give pi,lblic Ilotice.of sale 10 thepersQns and in tbe m;mner prescribed by applicable law. Trustee, without demand on
<br />~rr()w~,sltaJlselltbeProperty aip~lic auction .to the highest bidder at the tinleand place and nuder the '''WIS designated
<br />intllJ.',n()tice. ofslll".lnone or more pllfcels and in such order as Trustee may detennine. Trustee mll:r postp<me sale of all
<br />orally'pai'celofIMJ>ropertY by public .annonllcement at the time alldplaee of any I,re,'iously scheduled sale, Lender or
<br />Lenller;s des~n(:el11lay>purl;hase the Property lit anysllle.
<br />U 00 receipt otp.ayment of the price bid, Tr'Ustee shall deliver to the llurchaSl)r Trustee's deed conveying the. Property
<br />~itllls.. iI\ the Trustee). dljt'dshall b~pt'illla f'~ie {'vidence. (If .t/lc tJruthof'. Hte stlltement/; . made. therein. Tl"ust,,,~
<br />tbepl'~~s Qf ibesa.le .ill thef(}lIo~vingordcr: ia) to all reasonable costs llndl'xpellSCs of the sale, including, hut
<br />,~'rl1s4~.'sfees()fnot morctban % j)fJ% ,)f tbc gro~s sal.e plice, rClIsonablc allomey'sf".t,sand cost;; of title evidence;
<br />~l11lt;sl'Cllre(i.bythis 1)~(lofTrllst; aDdtc) tbct'xcess. if any, to the person 0/' persons leg,ulyelltitled thereto,
<br />l~.~rI'O~~r'liRi~~ttoR"i~sla~e. Notwithstanding Lend"r's acceleration of [he sums by (bis
<br />B(,rr91"'ersl)all hiavetheright to have any prQ<:eedings begun by J.,:nder Ii) eqfmce this of Trust
<br />"llyti.l\'le prioNQ 'theelltlier to OCCLl)'!.'!' (i) the fifth day befort~ the safe of the Property pursllant.lO I he
<br />mfl1is .()e~pf TrUSt I.lr(ij) entry of a judgmenl cnforcing this D~d of Trust if: tal Borrower
<br />\)ethr;;rl;luetHlderlhis.().~cd()f Trust, the Note and note, securing Futurc Advances. If
<br />(h} B(~rr(1wcrcures all. breaches oiauy orher covenants or agreements of Borrowc;
<br />(Gifkm:owetpI\Y~IlH I'c<lsorJable expell~cs in>:wfed by Lemkr and Tnl>lcc. in enforcing the
<br />Bvrrowercol\!ained i!l this Deed of TnJ'iI;.lnd in enforcing L<~nJcr'~ "no Tnlstce',
<br />rH;rF{ll'. indm,lil1g,llil,l! notlimited lo.rC;IMnHlblc aUQrllCy'S f~c.,; cllll! Idl !a~c,
<br />require tf' aS5I.lIe that the li"n of lhi~ DeliO of Tnlll, LelHkr's intere;t In f'n>pcrlj'
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