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<br />83-D(J1365
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<br />9. CCllMhmnatloD. The proceeds af any award ar claim far damages, direcI ar consequential, in cannection with any
<br />condemnation ar ather taking of the Praperty, ar part thereof, ar for canveyance in lieu of candemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event af a tatal taking af Ihe Property, Ihe praceeds shall be applied 10 the sums secured by this Deed of Trusl,
<br />with the excess, if any, paid to Borrower. In the event af a partial taking af Ihe Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied 10 the sums secured .by this Deed of Trust such prppOrtion 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 tbe fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />It the Property is abandoned by Barrawer. ar if, after notice by Lender to Borrower that the condemnor affers to make
<br />an award or settle a claim for damages, Borrower fails 10 respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to callect and apply the proceeds, at Lender's option, either to restoration ar repair afthe
<br />Praperty ar ta the sums secured by this Deed af Trust
<br />Unless Lender and Borrawer otherwise agree in writing, any such application af proceeds ta principal shall not extend
<br />ar postpone the due date of the monthly installments referred to in paragraphs I and 2 here.of or change the amaunt af
<br />such installments.
<br />10. Borro_r Not Released. Extensian af Ihe lime for payment or madification of amortization af the sums secured
<br />by this Deed af Trust granted by Lender ta any successar in interest ai Borrawer shall nol aperate ta release. in any manner,
<br />the liability of the original Barrawer and Barrower's successars in interest Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortizatian af the sums
<br />secured by this Deed of Trust by reasan af any demand made by the ariginal Borrower and Barrower's successors in interest.
<br />11. Forbeara""e by Lender Not a Waiver. Any forbearance by Lender in exercising any right Or remedy hereunder, or
<br />otherwise affarded by applicable law. shall nI'l be a waiver of or preclude the exercise of any such right ar remedy.
<br />The procurement af insurance or the payment of laxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate tbe maturity of Ihe indebtedness secured by Ihis Deed af Trust.
<br />12. Remedies Cumubltive. All remedies provided in Ihis Deed af Trust are dislinct and cumulative II' any ather righl
<br />or remedy under this Deed af Trust ar affarded by law ar equilY, and may be exercised concurrently, independenlly or
<br />successively.
<br />13. Su<<essors and Assigns Bound; Jolnl and Several Liability; Caplions. The covenants and agreements herein
<br />canlained shall bind, and the rights hereunder shall inure to, the respective successars and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings af the paragraphs af this Deed of Trust are for convenience anly and are not ta be used ta
<br />interpret ar define the provisians hereof.
<br />14. Nolke. Except for any natice required under applicable law to be given in another manner, (a) any natice to
<br />Borrawer pravided far in this Deed of Trust shall be given by mailing such notice by certified mail addressed ta Borrower at
<br />Ihe Property Address ar at such other address as Barrower may designate by notice to Lender as provided herein, and
<br />(b) any natice ta Lender shall be given by certilied mail. return receipt requested, to Lender's address stated herein or to
<br />such ather address as Lender may designate by natice to Barrawer as provided herein. Any natice provided far in this
<br />Deed of Trust shall be deemed to have been given to Barrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Tl1ISn Governing Law; Severability. This form of deed of trust combines unifarm covenants for
<br />national use and non~uniform covenants with limited variations bv jurisdiction to constitute a uniform security instrument
<br />covering real property, This Deed af Trusl shall he gaverned hy the'law of the Jurisdictian in which the Properiy is located.
<br />In the event that any provision or clause af this Deed of Trust or the Notc conflicts with applicable law. such conflict shall
<br />not affect other pwvisions of this Deed of Trust ar the Nate which can he given effect without the conflicting provision,
<br />and ta this end the provisians af the Deed of Trust and the Nate are declared to he severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy ot the Nate and of this Deed of Trust at the time
<br />of CJ<ecutian ar after recordatian hereof.
<br />17. Tl1UISfer of the Propeny; Assumption. If all ar any part e>f the Property or an interest therein is sold or transferred
<br />by Borrower wilhout Lender's priar written COllsenl. excluding (a i the creation of a lien or encumbrance subordinate to
<br />this Deed af Trust, (b) tbe creatian of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent ar by aperatian of law upon the death of a Joint tenant or t d) the grant af any leasehold interest of three years or less
<br />nat c.ontaining an aption to purchase. l.ender may, at Lender's oplton, declare all the sums secured by this Deed af Trust te> he
<br />immediately due and payable. Lender shall have waivet! such option to .ccelerate if, prior ta the sale or transfer, Lender
<br />and the persan ta wham the Praperty is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactary to Lender and that the interest payable on the sums secured by this Deed af Trust shall he at sllch rate as
<br />Lender shall request. If Lender has waived the optian to accelerate provided in this paragraph 17. and if Borrower's successor
<br />in interest has CJ<ecured a written assumptian agreement accepted 10 writing by Lender, Lender shall release Borrower from
<br />all abligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 bereoL Such natice shall provide a penod of nat less than 30 days fram the date the notice is mailed within
<br />which Borrawer 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 natice or demand on Barrower, ""."ke an} remedies permittet! hy paragraph 18 hereoL
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<br />NaN-UNIFORM CavIlNANrs, Borrawer and l.ender lurther covenant and agree as follaws:
<br />18. Acceleration; Remedies. Excep. as provided in paragraph 17 hereof, npon Borrower's breacb of any covenanl or
<br />agreemenl nf Borrower in tbis I)eed of Trusl, including tbe co,enanls 10 pay when due any sums secured by Ibis I)eed
<br />of Trust, Lender prior 10 acceleralion shall mail notice to Borrower as pro,'ided in paragrapb 14 bereof specifying: (I) Ibe
<br />breacb; (2) lhe action required 10 cure such breacb; (3) a dale, nol less than 36 day's from Ihe dale the nolice is mailed 10
<br />Borrower, by which sucb breacb must be ,'ured; and (4) Ibat failure 10 ,'ure sucb bre""b on or before the date spedlied
<br />in lbe notice may resull in acceleration of tbe su,"" secured by Ibis Ileed of Trust and sale of the Property. Tbe notice
<br />shalt furtber inform Borrower of ihe righl 10 reinslate afler acceleration aud the rigbt to bring a ,'ourt action to assert
<br />the non-exislence of a default or any oIher defeuse of Borrower 10 acceleration and sale. If Ibe breacb is nol mred
<br />on or before lhe date specified in the notice, Lender at Lender's oplion may declare all of Ibe sums secured by tbis I)eed
<br />of Trust 10 be immedialely due and payable w'ilhout further demand and may in,oke lhe power of sale and any other remedies
<br />pennJtled by applicable law. I.ender shall be entitled 10 coneet all reasonahle costs and expenses incurred in porsuing tbe
<br />remedies provIded in this paragrapb 18, including, but nol limiled 10, reasonable attorney's fees.
<br />If the power of sale is Invoked, Truslee shall record a noti.., of default in eacb county in whicb lhe Property' or some
<br />part tbereot is located and shall mail copies of such nolke in Ihe manner prescribed by applicable law to Borrower and 10 In c
<br />other persons p"",,,,ribed by' applicable law. After the lapse of sucb time 8.S may be required by applicable law', Truslee shall
<br />give public notice of sale to lhe persons and in the manner prescribed by applicahle law. Trustee, wilhout demand on
<br />Borrower, shalt selIlhe Property at pub6c auclion to the higbest bidder al Ihe time and place and under tbe terms designated
<br />in the notice of sale In one or more parcels and in sucb order as Trustee may delermine. Tmstee may postpone sale of all
<br />or lII!,Y pa,cel of lhe Property by public announcement at Ibe lime and place of any predously- scbeduled sale. tender or
<br />Lender's desianee may purchase lhe Property at any sale.
<br />l.Ijl!1n .......Ip\ of pay-ment of the price bid, Trustee shaU deliver to Ihe purchaser Trust,,,,'s deed wnveying the Property
<br />sol4. The .l'\!Cl1aIs in the Trustee's deed sball be prima facie evidence of the truth of the slatements made therein. Trustee
<br />sbaII ~y the Pl"oceeds of lhe sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not Ilnlltedto, Trustee's fees. of .hilt morelhan 'I, of 1% of the gross....c pri,'C, I'Casonable allorney's fees and costs of title c,'ldence;
<br />(b) to JlIIstll\lSS<:CUred b,l' this Deed ofTnlsI; and tc) the exccss. If any, to the person or persons lewdly. entitled thereto.
<br />19. 8c>>rtOwe(s Riab\ to Reiustate. Notwithstanding l.ender's acceleration 01 the ,1I111S secured by' this Deed 01 Trllst,
<br />Borrower shall have tbe right ta have any proceedings beglln hy Lender to enforce this Deed "f Trust ,liscnntmued al
<br />anytime pri~r to the ellrlier to D<<ur of (i) the fifth day befare the salc of the Property plIrsuant to the power e>f sale contained
<br />ill this Deed of Trust or (ii)elllry af a judgment enforcing this Oeed of Trust if: (a) Borrower pays Lender all sum, which would
<br />he then due llllckr this Deed of TruM, the Note and notes seclIring Future Advances, if any, had no acceleratIOn occllrred:
<br />(b) Barrower cutes all breaches or any ather covenants or agreements of Barrowe. contained in this Deed of Trust:
<br />(e) BorrOWer pays llll rcosonableexpenses incurred by Lender and TIlISIlIe in eniorcing the cownant' and agreement' "f
<br />Borrower lXltllained in tb.is Deed of Trust and in enfordng Lender's and TruSlee's remedies as provided in I>:mlgraph I H
<br />hel'li'?f, including, hlltrtutllmlteu ta, ,reasonable attorn,,}", fees:, a'ld (dl B~rrower takes such aeli.,,, ll.S Lender may reasonably
<br />reqUtre 10 assure that the hen of th.. Deed of Trust. lender, intere': III the Property and Born,wer'; <>bligali,." I,' 1""
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