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<br />83-006265
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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 under.
<br />In the event of a total laking of the Property. the proceeds shall be applied '0 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 lhe 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 p~oceeds
<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 bala-nce 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.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 />maUed, Lender is authorized {O collect and apply the proceeds. at Lende:'s option, either to restoration or repair -of the
<br />Property or 10 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 ex.tend
<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 />to. Borrower Not Released. Extension of the time for payment or modi fica lion 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 inlerest. Lender shall not be' required to commence
<br />proceeqings 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 />II, Forbearance by Lender Not a \Vaiver. 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 m.- 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 TrusL . _ .
<br />J 2. Remedies Cumulative. All remedies provided 10 this Deed of Trust are distmct and cumulatIVe to any other nght
<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 !7 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 arc 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 he 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 orher address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shaH 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 />IS. Uniform Unci of Trust; (;overning Law; Se,,'uabiJUy. This form of deed of trust combines uniform covenants for
<br />national use and non.uniform covenants with limited variations hy jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall he governed by Ihe law of the jurisdiction in which the Propeny is located.
<br />In the event that any provision or clause of thi~ 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 confticting provisioli,
<br />and to this end the' prov1sions or the Deed of Trust and :he Note arc declared (0 be severable,
<br />16. Bonower~ 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. Trusfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />hy Borrower without Lender's prior written cons~nt. excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust. ! b) the creation or a purch~,~ money secmity interest for household appliances, (c) a transfer by devise.
<br />descent or hy operation of ia.w upon the death of a jomt lcnafH 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 all ,lit; sums secured by this Deed of Trus! to be
<br />immediaiely 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 Properly is to be sold or transferrt.~ reach agreement In writing thai the credit of such person
<br />is satisfaclory to Lender and Ihal the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shalt request. If Lender has waived the opl ion tQ accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a wriuen assumption agreement aCl'epted in writing by Lender, Lender shall release Borrower from
<br />all ohligations undc-r this Deed of Trust and the Note.
<br />If Lender exercises sud'. option to acct'leratc. Lender !ohall mail nor rower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a perioJ of IllH l~ss than 30 da}'s from the date the notice is mailed within
<br />which Borrower may pay the sums dedareJ dUe. If Borrower fails 10 pay such sums prior to the expiration of such period,
<br />Lender may, without further nOlice or demand on Borrower, invoke any remedies permitted hy paragraph 18 hereof,
<br />NON.tJNtfOR~ COVfNANTS. Borrower and Lender further (;OVemint and agree as follows:
<br />18. Acc~&eralioa; R~me-dies.. Except as prodded. in paragraph 11 hereof, upon Borrower-s breach of ('nJ covenant or
<br />acree.nent of BorrmH'r in tbis Deed ot. Trust, including the cO"enaots to pay when due any sums sKured by this Deed
<br />of Trust. I",n<kr prior 10 ""eeh.ralioo shall maD nolice 10 Borrower as proyid.d in paragraph 14 h.reof specifying: (1) the
<br />breach: (21 the ...lion r.quired 10 'ure such bl"aeh: (3) a dal.. not less Ihan 30 days from the date the notle. is maDed to
<br />Borrower, by whicb such bnach must be: cured; and (4) that failure to cure such breat'h on or before the date specified
<br />in the noli<< may resu'" in acceleration of tbe sums secured by .bis Deed of Trust 86d sale of 'he Property. The notice
<br />shalt further iqform Bon-ow-er or 1M- right to reinstate after acceleration and tbe right to bring a court action to assert
<br />the non"existeoce of a default or aDY otIIer defe-nse of Borrower 10 ac<<lention aDd sale. If the breach is not cured
<br />on or before the date specified in the noticr, l.ender at under's option may ded.an aU of the sums seCORd by this Deed
<br />oITros.t to be immedbU.ly d... and payabl~ wilboul furthe, d.mand and may inyok. Ih. pow.r of saI~ and aoy oth.r r.medies
<br />permitted by applicable law. Lende, shall be .ntitled to roll~d all ,.asonable costs and expenses ineurr.d in punulllll the
<br />remedies provided 10 tm. pa....raph 18, indudillll. but nol limiled 10, reasonable attorn.y's fees.
<br />If the po." of sale- is invoked, Tnsstee shaD record a notice of default in each county in which the Property or some
<br />part thereof is loral~d and shaD maD copies of sorb notic. in Ih. mao...r p....eribed by applicable law to Borrow.r and to the
<br />other persons prescribed by applicable law. Afl.r the lapse of su,h time as may be required by applicabl. law, Trust~. ,-bait
<br />Rh-r public notke of ~ to rite persons and in tbe manlif'r presc:ribed by applicable law. Trustee, without demand on
<br />Bonowtr,. maU seD the Property at public audion to 'he big:he5t bidder at the time and place and under the terms designated
<br />In lhe nolI<< of saI~ i. one 0' mol" parc.1s and in .ueh order as Trustee may d.l.nnl.... Trnstee may postpone sale of all
<br />or any parrol of the Property by public anOQUJlCe_ol al Ih~ time and plare of any previously srhedul.d saI.. Lender 0'
<br />....nder.. ......... may pure..... the Proprrty at aoy sale.
<br />lJpoa r<nlpt of pay_nt .of the priee bid. Trust~~ shall deIl..r 10 Ih. pun:haser Trus'.... deed ,onveying the Prnperty
<br />~. Ttw recitals ill .he Trust""! 4eed shall be priRUI fade e..<idel1<% of the truth of the statements made therein. Trustee
<br />shaIlMf'l'ly the prO(..tls of the..... '" tll< followi"1l order: (a) to all I"asonabl. 'osIs and npenses of the sal., Including. but
<br />.....Iilalttd .... TIWI.... f_ of nol _~ lhan 3),; of 1 % of tb. gr.... ..Ie prie.. ,.asonable attorn.y's f... snd .""Is of
<br />tilIe .vWe..... (10) to 011_ o<<ured by ,hh neea of Trust: and (ellh. eo,..., if any. to th. pe.....n 0' pe.....os legally enlllled
<br />I.......
<br />19.. aorro.....s Ri&Jat_ to Rt'bb(at,! Notwiihstanding Lender's acceleration of the sums secured by this Deeu of Trust.
<br />1k..~roW:Ct ~.U have fhe:_ ri.ght to have any proc-e-td,ngs begun by Lender to enfon:c this Deed or Trust discontinued at
<br />~ny ~Imc, prJ(lf to-the_ t8rUcr to OCtur ('1f (if thcJ\fth-da)' beJore- the ~aJe:_ or the Property pursuant to the power of sale contained
<br />,ft thls.,Det.U. Qf.'!'. _ nQ;. tor. .fitle. ntry 0(.8 jV()3m~nt eorordng thi<l_ r.leC'~ of_Tntst if: (a) Borrower pays Lender aU. 5Ufl1S. w. hkh would
<br />be ,~ d~ ~ndcr thrs !.keu t),f _~rn~. the N~tt: and oot~ ~-C!lf1tl8 Future Ad~an(,~es-. if any. had n,? llccelerif;twn (K:clJrred:
<br />(bi iWrr\1VfC-f"_ -cur~~ "U btcKneJ, of ~)' vthel' "Qfcnan-l.s -Of agreements ni Borrower cootained '" tni" Deed of Trust:
<br />{(~) fk'_'J'I,)~t p.a>" aU !"C:.lt:~flJhlf; e")e"I~ incurred by Lendtr and Trusfee in enforcing t~ cQv(nan.b and Ilgreements C1,f
<br />,8u_f!~r (-t'lfl;~,h:t('tl fn th.hi Oe-td of Tr41't a~d to ,enrQ~dng Ltnder', .and Ttu~ki:'" rcmedit"!i a~ provllted in paragraph I H
<br />~~~. tnctudu~, but oilJ1 lmutc-d to"_~n:--;tronab!c j:(h~rne}' '\ fee!. af~d {df Borrower lake\ such ac;tH'l'J ;.t!i Lender may ,reasonably
<br />l'~':;~,,* kl: -1i.i,;t,HC: H~l itw- l~n of ,fllh -oec-c of Tf~t:~l, Le:nOe-f''; lftt~re<;t ffI th(o PWI1!Crt). and D,-lfWv.-t':(\ obHgltth..'ft to P~';-
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