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<br />83-005077
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<br />9. CeoMIe8I......... The proceeds of any award or claim for damages. direct or consequenllal. In connection wilh any
<br />condemnatinn or otber taking of !be Property, or part Ibereof, or (or conveyance In lieu of condemnation, are bereby assigned
<br />and sball be paid 10 I..ender.
<br />In !be evenl of a IOtal taking of the Property, tbe proceeds shall be applied to Ihe sums secured by Ibis Deed"f Tt1l$I,
<br />wilb !be ""cess, if any. paid 10 Borrower. In Ihe evenl of a partial taking of the Property, unless Borrower andl.ender
<br />otberwise agree in writing, there shall be applied 10 the sums secured by tbis Deed of Trust such proportion of the proceeds
<br />as Is equal 10 that proportion whicb the amounl of lbe sums secured by this Deed of Trust immedialely prior 10 tbe date of
<br />taking bears 10 the fair market value of the Property immediately prior to the date of taking, wilb Ihe balance oflbe proceeds
<br />paid 10 Borrower. ,
<br />If Ibe Property is abandoned by Borrower, or If, after notice by Lender to Borrower thaI lbecondemllOrolfets to make
<br />an award or seIIIe a claim for damages, Borrower fails to respond 10 Lender wllhln 30 days after Ihe datesuchnoti",!:is
<br />mailed, Lender isautborized 10 cGlIect and apply Ihe proceeds. at Lender's option, either 10 reslOrationorrepair.oftbe
<br />Property or 10 lbe sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in wrillng, any such applicalion of proceeds to principalsball nol extend
<br />or postpone the due date of the monlbly Installments referred to In paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. ........_r Not R___ Extension of the <lme for payment or modiflcation of amortizallonof Ihe sums secured
<br />by Ibis Deed of Trusl granted by Lender to any successor in Inleresl of Borrower shall nol operale to release, In any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be ~equired 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 rcason of any demand made by the original Borrower and Borrower's successors'in interest.
<br />11. Forbeanm<e by Lender Not a WaiYer. Any forbearance by Lender In exercising any rigblor remedy. hereunder, or
<br />otherwise afforded by applicable law, sbaU not be a waiver of or preclude Ihe exercise of any such righl or remedy.
<br />The procurement of insurance or tbe payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />righlto accelerate Ibe maturity of Ibe indebledness secured by tbls Deed of Trust.
<br />12.. Remedies CUlllaJatIve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under Ibis Deed of Trust or alforoed by law or equilY, and may be exercised concurrently, independently or
<br />successively.
<br />13. Suc"""""" and A...... Bound; Joinl and Several LIability! Caprio.... The covenants and agreements berein
<br />contained shan bind, and the rights hereunder shaH inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereot. An covenants and agreements of Borrower shall be joint and several.
<br />The captions and beadings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the provisioD5 hereof.
<br />14.. Notk~. Except for any notice reqUIred under applicable law to he given in another manner, (a) any notice to
<br />Borrower provided for in ibis Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower al
<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 10 l.ender shall be given by certified mail. relurn receipt requesled. to Lender', address slated herein or 10
<br />such other address as Lender may designate by notice to Borrower as prov!ded herein, Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given (0 Borrower or Lender when given in tbe manner designated herein.
<br />IS. Uniform Deed of TnIst; G01'emifll Law: Severabitity. This form of deed of trust combines uniform'covenants for
<br />national use and non-uniform covenant.s with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by the law of the Jurisdiction in whlcb Ihe Property Is located.
<br />10 the event that any provision or dause of this Deed of Trusl or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisio~ 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 NOIe are declared to be severable.
<br />16. Jlorrower'a Copy. Borrower shall be furnished a conformed copy of Ihe Note and of tbls Deed of Trust at Ihe time
<br />of execution or after .recordation hereof.
<br />17. Transfer of. ~y; Assumption. It all or any pan of the Property Of an interest therein is sold or transferred
<br />by Borrower without LeDder $ prior written con~nt. c:xdudin$ (a.) the cretttiofi of a lien Qf encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money secUCllY interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant Of (d) the gram of any leasehold interest of three years or less
<br />not containing an option to purchase. Lender may, at l.ender'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 Q.C(.-elerate if, prior (0 the sale or transfer, Lender
<br />and the person to whom the Property is 10 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 SUlns secured hy this Deed of Trust shall be at such rate ItS
<br />Lender shaH request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in iDteraa has eXC(."Uled a written assumption agreemem accepted in writing bv Lender, Lender shaH reiease Borrower from
<br />aU obligations under this Deed of Trust and the NOle. .
<br />If Lender exercises such option to accelerate, Lender shaH mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not I~.,; than 30 da)"S from the date the notice is mailed within
<br />which Borrower may pay the sums d~lared due. If Borrower fails to pay such sums prior lO the expiration of such pertod,
<br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON~UNIf'ORM COVENANTS_ Borrower and Lender tunher covenant and agree as follows:
<br />18. Act:eleratioa; RC'mf'dies. Except as: provided in pllJ'alraph 17 hereof. upon Borrowers breach of any covenant or
<br />acree-IReAI of Bonow~r in f..ii .DeflI of Trust, iududin& the ("(t\'enants to pal' ."."hen due any sunls secured by this Deed
<br />oll'rlISI, Lender prior 10 a<:celcrallon .ball n..U nolke 10 Borrower .. provided in pal1lJlrapb 14 hereof specifying: (I) Ibe
<br />bnKb; (2) the action required to cure tiuch breach; (3) a dat~ nol less than 30 days fronl the date tht': notice is mailed to
<br />Borrower. by which such bnacb lUllS( be cuud; and (4) that failure to cure weh breach on or before the date specified
<br />in Ibe notIe. may resull in acceleration of I.... sums secured by this Heed of Trusl and sale of the Properly. The nol!ce
<br />shall furt~r inform 8cKrower of the right to reinstate after acceleration and Ihe right to bring a court action to assert
<br />the DUn--exlsteuce of a default or an)' otber defense of Borrower to ac('eltration and sale. If the breach is not l'urcd
<br />on or befOl"e the date spec:i&ed in the notla., l.ender at l.ender's option- may declare an of tbe sums secured by this Deed
<br />cd Trust to be> inunediately doe and payable witbout hanller demand and maJ invoke the power of sale and allY other ren_edies
<br />IJ(lnIIitted by applkab1e: Jaw. Lender shall be entitled to collet't aU reasonable costs and expenses jnturred in pursuing Ihe
<br />remedies pro.ided in this _nopb 18, indudln&. but not limiled 10, reasonabl. attorney's lees.
<br />H tbe,power of sale is In,,okedt Trmtee shall record a notice of default in eat'h county in which th~ Propert}-' or some
<br />part titeR-of is located and shall maU copies of such notice in the manner prescribed by applicable 18\\' to Bormwer and to tbe
<br />otlJer pefiUfii Pi-eKribed. by ~ I."". AfCer the lapit! of such iimr. as may be required hy applkable law. T rtffi,ee s;\all
<br />live ,while:: notice of sale to the persons and in the: manner preKribed by applicable law. Trustee, with-out demand on
<br />&onowtr., sIutIJ sell the Property at pu.bJk auction to the hilliest bidder at the time and pla4.':c and under the terms designated
<br />in the- notice of uk_ in one or mon parcds and in SIKh nrder -as Trustee m:ll)' determine. Trustee IUY postpone sale of all
<br />or ~pareel of I"" Properly by p..bIle annooncemeol al the lilD<" .nd place of any previously scheduled .ale. 1.ender or
<br />u,oder'. desla_ _ pun:IlMe the Properly at any sale.
<br />Upon n:eelpt of pay'""",' of the prk:e bid. Truslee shaU deliver 10 the p....chaser Truslee's deed conveying Ihe Property
<br />sold. Tile NdtJoIs In the TnlSt",,'. d~ shall be prima fa.eW evidence of lhe trulh of the ,Ialements made thercln. Trusl""
<br />shall. appb the. proceedo of the sale In the(nIlowintl arder: ta) to all ...........bk COlits ud e.penses of t.... sale, Indudinit, but
<br />not ~ to, T.....,~. fees of not tnON than ~ -of 1% of the ~ sare pritt:, re-Uitlnable attomey's f~ and c-usts of title evid-enc..>e;
<br />11l)I"aJI""""'~by tbl$DcedofTr..S1; and Ie) the excess, if any , 10 the person or persons legally entitled thereto.
<br />.t. Bono"et'. Ililht to Reinstate.. Notwithstanding Lender'!i acceleratiun ()f the sums s.ecured by thi\j, I?l.>eJ of Tru'5l.
<br />8ot(o~r .mail- tuwe t.h~ right I() ha\l'e ~ny proceedings begun by L-ender to enforcc this Dee\! of TrtHit dll;continued a!
<br />~ny lime pt'lor.to the earlier to(Kcur o-r (i) t-he ftfth day before the s..ale of t~ Property pursuant to the power of sale contained
<br />m,_Chi$, DoetJQtTfU$tor Hi) entry of a judgment enfo-reins: this Deed of Tru.st 1(; (a) Bo-fH)~'er pays Lendcof all sums- whidl 'k(iuld
<br />bc-ahc:ndue nodc-r this-Deed or l'rust~ the Note and ootC!i securing Future Advancc-~, if any, had no aCL:e!eratwl} (~,..;urft~d-;
<br />(b) Boffl:)wer tUteS all breacht:-$ o( an)' other c()vcnaf?ts., Of ;!.greeinents of Borrower contained In dus D<<J of Tn-niL
<br />(C.) 8Qrf<Nr-er r.ay,~ all fea50mlbie e:\pc:nac;i im:urred by .Lender and Truslee in enfor\:t-ng the c{)venant!> and agreement... \)(
<br />Dot~ t'o4l'l\iMd in-_ thl, Deed of Tf'0t and in enfordn-tt Lctuier's and Trustee's rem~dits .1"- pnJv!dcd in p'Magniph \ z.;
<br />her04?t in(lu4~ but nQ! limited to, .reaw-nable attorney's f~-~; and fd} Borrower takes. st~h a.:tt-on as Lel)dcr 1~1ay rt'a"I,.'n~hh
<br />requite- to auure that ~ tietl -oi tnil ~d or Trust~ L~nder\~ intere~t In the PTOpt~f1Y and Bmro\.\'N'~ obhgatlO{l h" pn
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