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<br />83-008135
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<br />9. Condemnation. The proceeds of any award or claim for damages. direct Of consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereot, or tor conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid 10 Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to Ihe 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 an.d Lender
<br />otherwise agi'ee 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 />laking bears to tbe fair market value of Ihe Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Propeny 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 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 1 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 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 successors in interest. Lender shaH 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 Borrowet:'s successors in interest;
<br />11. Forbearance by Lender Not a Waivrr. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shalf not be a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or th(.. 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. An remedies provided in this Deed of Trust are distinct and cumulative to any other fight
<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 (he 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 deiine 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; GOyuniog Law; Seventbility. 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 be governed hy the law of the jurisdiction in which the Property is located.
<br />In the event that any ~o',:ision 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 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 furmshed a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Tnmsfu of. tbe Property; Assumption. If all or any pan of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. excluding (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 joinl tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lcnde,- may, a1 Lender's option, declare ali the 'iums secured by this Deed of Trust to be
<br />immediately due and payable. Lender shall 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 shall be at such rate as
<br />Lender shall request. If Lender has waived the option to acceJerale provided in this paragraph 17, and if Borrower's successor
<br />in interest has e~ecuted a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and Ihe Note.
<br />If 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 rhe date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails 10 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 17 hereof, upon Bonower's breach of any covell8J1t or
<br />aareement of Ronower in this Deed of Trust, including the covenants to pay wben due any sums secured by this Deed
<br />of Trust, LeDder prior 10 ""celeralion shall mail nolice 10 Borrower as provided in plInI&raph 14 hereof specifying: (I) Ihe
<br />breach; (2) the ""tioa required to cure such breach; (3) a dale, not less than 30 days from Ihe dale Ihe noUce is malled 10
<br />Borrower, by which such breat:h must be cured; aud (4) Ihal fallure to cure such breach on or before Ihe date specified
<br />ill lbe notice may result in ""celenoUon of the sums secured by Ihis Deed of Trust and sale of the Property. The noUce
<br />sbaIl further iafOl'Ift Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non..exislfllCe: of a defaull or an)' other ddense of Borrower to acceleration and sale. If the breach is not cured
<br />on or before tlte date specified in the notice, tender at Lender's option may dedare all of tbe sums secured by this Deed
<br />of Trust to be immediately due and payable witbout further demand and may imloke the power of sale and any other remedies
<br />.....,mlted by applicable..... Lender shall be enUtled to collect all reasonable costs and expenses inculTed in pUlSulng the
<br />remedies p....ided in this paragraph 18, including, but nol limiled 10, re....nable altomey's fee..
<br />If the pow~ of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />pari thereof is Iocaled and shall mall copies of such notlee in tbe mallner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After Ihe lapse of such lime as may be required by applicable law. Truslee shall
<br />give public: noIke of sale to tbe persons and in Ihe manner prescribed hy applicable law. Trustee, without demand nn
<br />Borrower,slaaIl seU the Property at public: auclion to the highest bidder althe time and pia"" and under Ihe terms designaled
<br />ia the. notice. of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of aU
<br />or all)' pared of the Property by public announcement at the lime and place of any previously scheduled sale. Leud", or
<br />Lender's <lesipeeIllllY pun:hase the Properly at any sale.
<br />Upon_eipl ofpaymenl of lbe price bid, Trustee shall deliver 10 the purchaser Trustee's deed collveying the Property
<br />sold. The reeilals ill the Trustee's de<:d shall be pri_ facie evidence of tbe truth of Ihe stalements made therein, Truslee
<br />shall apply the proceeds of the sale in tbe followiDg order: (a) 10 all reasonahle costs and expenses of the sale, indudi"ll. but
<br />oot lindted .~, TJ:ustee's fees of nol more t~_ -1::-r.t _ _ _ _ % of the gross sale price. reasonable attorney's fees and costs of
<br />lido evidence; (b) 10 allswns secured by this 1JeeIl'llf Trusl; and (c) Ih. excess, if any. 10 the person or persons legally entilled
<br />tIIereto.
<br />I.,. Bono'werts RJcbt to ReiD,state. Notwithstanding Lender"s ~\cceleration of the ~ums secured by this Deed of Trust,
<br />Borrower ~U have the right to have any proceedings begun hy Lender to enforce this Deed of Trust discontinued at
<br />~y_ ~ime prior to the earUer to occur.of (I) the fifth d<l;Y bef~)fe lhe sale of th~ Property pursuant to the power of sale cOOlained
<br />In thAS Dced,.QfTrusl or (u) entry of a judgment enforCing thiS Deed of Trust If: (a) Borrower pays Lender atl sums which \lIould
<br />< be. thcn.dUt! under this. Deed of Trust. lhe Note and notes securing Future Advances, if any, had no accc)enHino occurred:
<br />(b) Bonowe;r cun:s a.U breaches of nny other covenants or agreements of Borrower contained in this Deed of Trust;
<br />(1;) Borrower p,a)'$:, al! rea~n,~bte c:\pe'o$Cs incLl~red by L;ender and ,Trustee in en~orcin8 t~c I.:ovenan~s and agreements of
<br />IJorrow~r coo~arned 10 .Itu~ ~d of :fust and Hl enlor,cml. Lender '. and Trustee s rcmedu::s as prOVided In paragraph I R
<br />~~l. Jrn;ludma. but n\.H hmu.ed to. feawnabJe attorney s ft.>:e'$; and Cd) Borrower takes such actIon ;u. Lenuer may reasonably
<br />fcqLUrc t{) assure that lhe Iw.o of thi\ Deed of Tru.!l.t Lc"d~r's iotere5t In the Property and ROffowl::r\ .obligation to pa.~
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