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<br />83- 004550
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<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with 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 taking 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 />othelWise 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 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 />lf the Property is abandoned by Borrower, or if, after notice by Lender t<, BOlTow"r 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 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 monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Bonower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trost 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 successors 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 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 Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />othelWise 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 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. 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 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 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 Deed of Trust; Governing Law; Sel'erability. 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 shall 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 contlict shall
<br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. 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 'bereof.
<br />17. Transfer of the PropertY; As!!u",ption. 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,- e.xcluding (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 of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or Jess
<br />not containing an option to purchase, Lender may, at Lender's option. declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shaH 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 the interest payable on the sums secured by this Deed of Trust shaH be at such rate as
<br />Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and jf 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 />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance wirh
<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.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph t 7 hereof. upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the {.o\'enants to pay when due any sums sceured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borro"er as pro\'ided in paragraph 14 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Lli mailed to
<br />Borrower, by which such breach must be {'ured; and (4) that failure to ('lIre such breach on or before the date specified
<br />in the notice ma)' result in acceleration of the sums secured bl this Ileed of Trust and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to brin~ a court 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 notice, l.ender at Lender's option may declare all of the sums secured b}' this need
<br />of Trust to be immediately due and payable without further demand and ma,y in,,'oke the power of sale and an)' other remedies
<br />permitted by applicable law. Lender shaD be entitled to colleel all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragrapb 18, includinR, but not limited to, reasonable attorne)"s fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed b)' applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the lapse of such time as may be required by ~pplicable law. Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed b)' applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in such order as Tnlstee may determine. Trustee may postpone sale of all
<br />or any parcel of the Propert")' by public announcement at tbe time and place of any prc\'iously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shaU deliver to the purchaser Tru~tec's deed convc)'ing th(~ Propcrt,y
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shaU apply the prOCt'eds of the sale in the following order: (a) to aU reasonable costs and expenses of the sale, including. but
<br />not limited to, Trustee's fees of not more than % of 1% of the gross sale price, reasonable atturney's fees and costs of title e\'idellcc;
<br />(h) 10 all sums secured by Ihis Deed of Trust; and (c) the excess, ifany, to the person or persolls legally entitled thereto.
<br />19. Borrowe~s Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borrower shaH" have the right to have any proceedings begun by Lender 10 enforce this Deed of Trust discontinued at
<br />any time- prior 10 the earlier to occur of (i) the fifth day before the sale of the Property pursuant h) the power of sale contained
<br />in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: {a} Borrower pays Lender all sums which would
<br />be then due under this Deed of Trust, the Note and notes securing Future Advances., if any. had no acceleration ol,x:urrcd;
<br />(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust:
<br />(e) Borrower pays all reasonable expenses incurred hy Lender and Trustee in enforcing the covenants and agn.'cll1l.'nts p(
<br />Borrower contained in this Deed of Trust and in enforcing Lender's .and Trustee's remedies as provided in paragraph 1 S
<br />hereof, indud_ing. but not limited to. reasonahle aHorncy'!;: fees; and (d) Borrower takes such action as Lender may rt'a..onahl\:
<br />requite to assure that the lien of this Deed Qf Trust. L-endcr's imcre~t in the Property and Born:.wcr"s \'bligatil\n W pa~
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