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<br />83- 006257
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with any
<br />condemnation or other takiog 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 />otherwise 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 />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to ~ake
<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 repa_ir 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. Borrower 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 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. Fo~arance 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 \,.,: taxes or other iiens 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 herem
<br />contained shall bind, aod 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 ...nder 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. Unifonn Deed of Trust; Governing Law; Severability. 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 localed.
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts whh applicable Jaw, 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 hereof.
<br />17. Transfer of the Property; Assumption~ If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior wriUf:n consent. ex.cluding (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 less
<br />not containing an option to purchase, Lender may, at lender's option, declare al1 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 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 sllch person
<br />is satisfactory to Lender and that the inieres[ 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 accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has execuied a wrinen assumption agreemt:nt 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 nOlice of acceleration in accordance with
<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. wilhout further nOlice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foHows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breacb of an,}' COVf':nant or
<br />agreement of Borrower in this Deed of Trust, including the COl'enants to pay when due any sums secured by this Deed
<br />of Trust, Lender prior to acceleration shall mail notice to Borrower 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 is mailed to
<br />Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this I>eed 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 bring a court action to assert
<br />the noo.-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, Lender at Lender's option may declare, all of the sums secured by this Deed
<br />of Trust to be immediately due,and payable without further demand and may invoke the power of sale and an.)-' other remedies
<br />permitted by appUcable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />I'Qmedie:s provided in this p.aragnph 18, including, but not limited to, reasonable attorney's fees.
<br />If tbe power of sale is in,"oked, Trustee shall record a notice of default in each county in which the Propert,)' or some
<br />part thereof is located and sball maD copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons p~ribed by applicable law. After the lapse of such time as may be required hy applicable law. Trustee shall
<br />give public notice of sale to tht persons and in lhe m~nner prescribed by applicable law. Trustee, without demand on
<br />Borrower., shall sell tbe Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in -the not~e of sale in ODe or more parcels and in such order as Trustee may determine. Trustee may postpone sale of aU
<br />or 80)'_ pat:cel of tbe Property by public announcement at the time and place of any previously 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 shall deliver to the purchaser Trustee's deed conveying the Property
<br />sold. The re<:'itals in_ the Trustee's deed shall be prima facie evidence of the truth of the stat~ment:s made therein. Trustee
<br />sball apply the proceeds of the sale- in the following order: (a) to all reasonable costs and expenses of the sale, including, but
<br />not liml~ to, Trustee's fees of not more tban -1-.-0- _ _ _ _ % of the gross sale price, reasonable attorney's fees and costs of
<br />title evidence; (b) to aU sums secured by this Deed of Trust; and (c) the excess, if any, to the person or pe,rsons legally entitled
<br />lhereto.
<br />19. Borrower's Right to Rei~ate. Notwithstanding Lender's acceleration of the: sums secured by this Deed of Trust.
<br />Borrower shall have .the right- to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale cOlHaincd
<br />in this Peed of Tr\lst or (ii) entr)'of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all ~ums which would
<br />be then due, under this_ Deed of Trw<i.t. the Note and notes s.e-curing Future Advances, if any, had no acceleration oCCl1rrt:'d;
<br />(b) Borrower cures aU breaches oL any other covenants Qr agreements of Borrower contained in this De-cd ()r Trust;
<br />(e) Borrower pays an reasonable expen~s incurred by Lender and Trustee in enforcing the covenants and agree-mcntl) or
<br />Borrower contained in this Deed of Trust and in enfon;:ing Lender's and Trustee's remedies as provided in p'aragraph 1 M
<br />hereof, including, but not limited to. reasonable ~tt(}rney's- fees; and (0) Borrower takes such actwn as Lender ma\' n.~asollabl)
<br />require tv anure that the lien of this Deed of Trust, l.elldcr\ interest in the Property and 8ofwwcr's obligation to pay
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