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<br />83-1)04158
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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnalion 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 Ihe event of a total laking of Ihe Property, Ihe proceeds shall be applied to the sums secured by this Deed of Trusl,
<br />wilh the excess, if any, paid 10 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 Ihe sums secured by this Deed of Trusl such proportion of Ihe 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 10 the fair market value of Ihe Property immediately prior to the date of taking, with the balance of Ihe 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 sellle a claim for damages, Borrower fails to respond to under 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 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 monlhly installments referred to in paragraphs ] and 2 hereof or change the amount of
<br />sUch installments.
<br />10. Borrower Not Releaed. 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 Iiabilily of the original Borrower and Borrower's successors in interest. Lender shall nol be required to commence
<br />,proceedings against such successor or refuse to extend time for payment or olherwise modify amortizalion of the sums
<br />secured by this Deed of Trusl by reason of any demand made by the original Borrower and Borrower's S\jccessors in interest.
<br />11. ForbellJ'llnee by Lender Not a 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 ofLender's
<br />right to 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 right
<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. Succeaors ...... Assigns Bound: lolnl and Several LlabUlty; Captions. The covenants and agreements herein
<br />contained sball bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragnlph 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 apphcable 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 hy 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 />(b) any notice to Lender shall he 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 />IS. Uniform Deed of Trust; Governing Law; SeverabUity, 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 propeny. This Deed of Trust shall he 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 he given effect without the conflicting provision,
<br />and to this end the provisions of the Deed of Trust and the Note are declared to he severable.
<br />16. Borrower's Copy. Borrower shall be furnIShed a conformed copy of lhe Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />11, Tnmsfer of the Property; A""umptioa. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. excluding fa) the creation of'a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money security interesl for household appliances, (c) a Iransfer by devise.
<br />descent or by operation of law upon the death of a loint tenant or I d I Ihe grant of any leasehold interest of three years or less
<br />not conlaining an option to purchase, Lender may, atl.ender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such optIon to accelerate If, prior 10 the sale or transfer, Lender
<br />and the person to whom Ihe Property is 10 he sold or transferred reach agreemenr in writing that the credit of such person
<br />IS satisfactory to Lender a.nd that the interest payable on the sum, ,ccured by this Deed of Trust shall be at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate proVIded in thi, paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing hy Lender. Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate. Lender shalt mail Borrower notice of acceIerallon in accordance with
<br />paragraph 14 hereof. Such notice shall provide a perrod of n,>t less than :H; days from the date Ihe notice IS mailed within
<br />which Borrower may pay lhe sums declared due, If Borrower f"ls 10 ~'ay such sums prior to Ihe expiration of such period.
<br />Lender may, without further notice or demand on Borrower. Invoke any remedtes permitted by paragraph 18 hcreof.
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<br />NON.UNII'ORM COVENANTS. Borrower and lender further ~ovenant and agree as follows:
<br />Ill. Acreleratiou, Renmlies. Euept as provided in pafDllnoph 11 hereof. upon Borrower's breach of any covenant or
<br />agreelflfllt of Borrower in Ihis Deed of Trust, Includl"ll the cuvenants 10 pay when due any sums secured by this Deed
<br />of TrlLoI, Lender prior to acceleration shall mail notice 10 Borrower as prov.ided In paragraph 14 hereof speclfyinl\: (l) the
<br />breach; (2) the action required to cure such hreach; (3) a date, not less Ihan 30 days from the date lhe notice is mailed to
<br />Borrower, by whklt such breach must be cured, and (41 Ihal failure 10 cure SlIch hreach on or before Ihe date specified
<br />in Ihe notke nuly result in acceleration of lhe sums secured hy Ibis Deed 01 hnst and sale of Ihe Property. The notice
<br />shall further inform Borrower of tlte ritlhl 10 reinstale afler acceleration and Ihe rillhl 10 hri"ll a court action 10 assert
<br />lhe _-existence of a default or any olher defense of Borrower to an'e1eratJon and sale. If the hreach is not cored
<br />OIl or before tbe date spt'dfied in Ihe nolice, Lender at Lender's oplion may declare all of the sums secured by Ihis Deed
<br />of Trusl to be immediately due and paY"able without fortlter demand and may invoke Ihe power of sale and any other remedies
<br />pemaitted by applicable law. Lender "ball be .ntilled 10 collecl all re......able costs and .xpe....". incurred In pursuinl\ Ihe
<br />remedies provided in lhis paraarapb Ill, indudi"ll, hut IlOI limited 10, r.......nable altomey's fees.
<br />If lite powe~ of sale i. Invoked, Trustee sball record a notice of default in each counl)' in which the Property or some
<br />part thereof is located and .....U mall copies of such nolice in Ihe man""r preseribed b)' applicable law 10 Borrower and to the
<br />other peJ'SOM prescribed by applicable law. After the fa""" of .ueh time as may be required by applicable law, Trustee shall
<br />give publk notice of sale 10 file ........ns and in tbe man""r pr,"",ribed b)' applicable law. Truslee, withoul demand 011
<br />Borrower, IIhaII ""II the Property at public a..clion to I.... !tighe.t bidder al the time and place and under Ihe lenns designaled
<br />io U. QQ\ke ollllie 10 Oft" or more parcels and in such order as Tn"'t"" maY' determine. Truslee maY' po.slpone sale of all
<br />or U)' pared of tbe PropertY' by publk alUlOUDCeUlenl at I"" time and place of any pl'niouslY' scheduled sale. Lender or
<br />tender'" daipee lU)'ptlTebase lhe Pntpeny at any 581".
<br />1.lJl9ll receipt of pay_I of the price bid, 'ft'\lSl.c:e sball deliver h. t.... pure........r Tros""", dffd moveying the Property
<br />sold. The tecitJWi ill lbe Trust",,'s dffd shall "" prima f"".1e nidell"" of the Iruth of the statements made therein. Trum..
<br />shall apply the p"......... of lbe oak in lbe following order: la, to a.lI r~ ,~l!Sts and .xpeuses of the sale, including, but
<br />_1imltIld18, Tl'lJ!iIee's f_ of not more titan h of 1'* of the Jlf''''''' ""Ie prk'e, r_abIe allorney's fees and ,'OStS 01' title .,idenc.;
<br />(hi 18 aII__-ured b._ tltis Deed of1'ru....; and 1<11"" "Xl""', if aD)', to the person or persons legallY' e..titled thereto.
<br />1'~ hnowrr._1lfaht _to Reinstate. Notw.thstanding Lt~ndef'~ al.;~deratj(Jn of the \unb ~cure-d by thh Oee-tl tlt Tru~L
<br />Borrower sban hlvt;,. the right to ha\r-e any pfl~ud.ing~ begun by I.ender to cnfon:e Ihl'i Deed of Tru.:'!ot dj~M":~)l\llIllU..J al
<br />"nl tit"t'H: prior .10 the .arlier 10 occur of (i) the fifth day beJore the >ale 01 the Property pU1'>ua"t to the po,,", of sa'" wntalll.J
<br />mlblll Dec<lufTruslt>r {iilentry of a jud&mcnlcnforcinll this o.,.ed of Trost ,t: (a/ Borr"",ct pays lender all SUnh ",hl<h ",)uld
<br />be then due w::uJer U~'f::5 I>ec,.,d of 1 rust, the Not.(: and flotes. 'S(':CUflOg Future Advallcei. if ~U1y. had t)i.,\ ~K,dcr.tti()n oL,.:unl?d:
<br />(.il) Iklrrowef CtUY$ aU brrea'che~ of any ..)-ther \:d'\,enanh or <tire-tIncnts Hf 8orn.)I...-el ,:ontamed HI thiS IA."ed of ] ru"t.
<br />{CJ Ek1-fr~.r. pay,. aU tt:-A!.()nable c:\pcn$C$ lrn;u.rred h)' Lender ilnd TruS!ce in enf4Hcmg the covcnanb <tnil ;tg:!,t.,~cmcnts nt
<br />anrfOV(~f -\:tm:b~d in this lleed of Trust ~nd fn enfpr~.ng L('nd.cr~fl, ,did Tru~lee.'\ remcdlc\ ;l:\ PH)\'lt.!C.J. in r;Ha~r3ph IX
<br />hc:rw!, .-ndudifii, but not hmJ1.ed t-o. n:-.awnable atiorn-ey'~ t't~e~: and to> flo.r<<.)wer t.ak.es ~u-,;'h a.o::ti('IJi <<$ L..-nJe! mil" rI.;4"".Hl~lhh-
<br />r-eq\I-.t"r<; to I,s,.,'ljU<<' H.al tht-: i~n ('1'( lm~ [)oed of Tru\:t. Lcnd-er\ intC:fc8,: .n ttw rrupenj and H(l-rH;;\\:~(~ obh-gath>n In p.a.\
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