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<br />83.-406280
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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 Leoder.
<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 Bo~rower and lender
<br />otherwise agree in writing, there shall he applied to the sums secured by this Deed of Trust such P!OportIO!1 of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust im.medlately 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 ahandoncd by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to !11a~e
<br />an award or settle a claim for damages, Borrower fails to respond to Lcn~er wi~hjn 3.0 days after the: date such- .notlce 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 :.md Borrower otherwise agree in writing, any such application of proceeds to pnnclpal shall not extend
<br />or postpone the due date of the monthly installmenrs referred 10 in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />10. Bonower Not Released. Extension of the rime 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 rele3!ie, in any manner,
<br />the liability of the original Borrower and Borrower's su~ccssors in interest. Lender. shall n~lt be req.ulr~ 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 />II. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or ~emedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such ri~t or remed~.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lenders
<br />right to accelerate the malurity of the indchtedncss secured hy this Deed of Trust. . _
<br />12. Remedies Cumulative. All 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 herem
<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 cenified 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 10 Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shaH be deemed to have been given [0 Borrower or Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Trust; Governing La,,'; Severability. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform covenants with limitcd 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 which the Property is located.
<br />In the event that any provision or clause of this Deed of Trust or [he Note conOicts with applicable law, such contliet shall
<br />not affect other provisions of this Deed of Trust or the Note which can hc given effect without the conflicting provision,
<br />3nd to this end lhe provisions of the Deed of Trust and the Note are declarcd 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 aher recordation hereof.
<br />17. Tnmsfer of the Property; Assumplion. If all or any part of the Property or an interest therein is sold or transferred
<br />hy 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 Jaw 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 all 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 such person
<br />is satisfactory to Lender and that the interest payable on lhe sums secured by this Deed of Trust shall be at such rate as
<br />I_coder shall request. If Lender has waived the option to accelerate provided in this paragraph J 7, and if Borrower's successor
<br />in interest has executed a wriUen assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />H Lender exercises such option to accelerate, Lender shall mail Rorrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of nut less than 30 days from the 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. wilhout 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 foHows:
<br />18. Acceleration; Remedies. Except as provided in paragraph t 7 hereof, upon Borrower's breach of any cove...... or
<br />agreement of Borrower in this Deed of TllI5t, including the covenants to pay when due any sums secured by this_ Deed
<br />of Trusl. Lender prior 10 acceleraOOn shall mail nolice 10 Borrower as provided in JW'lIlIrapb 14 be",of spec:ifylnc: (1) the
<br />.b",ach; (Z) Ihe aelioo required 10 cure such breach; (3) a dale, nol less Ihan 30 days from Ibe date the notice is mailed 10
<br />Borrower, hy which such breach must be cured; and (4) Ihat failure 10 core such breacb nn or before the dale specified
<br />in the noHce may result in acceleration of the sums secured by this Deed 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 brinl, 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 />Gr.li "or before thr- date spet:ified in the notice, Lender al Lender's option may declare all of the sums secuftd by this Deed
<br />of Trust to be immediately due and payable without. f.urther demand and may invoke the power of sale-aDd auy other remedies
<br />pennitted by applicable law, Lender shall be entided to coiled aJl reasonable costs ad- expeoses incurred in pursuing the
<br />remedies provided in this paragraph 18, incJudinR, but not limited to, reasonable attorney's fees.
<br />If lhe power of sale is invoked. Trustee shall record a notice of default in each county in wbkh the Property or some
<br />part thereof is located and shall mail ("opies of such notice in the manner prescribed by applicable law '0 Borrower aad to the
<br />uther persons prescribed by applicable Jaw. After the lapse of such time as may be required by applicable law, Trustee shall
<br />~ive public notice of sale to the persons and in the manner pr-esuibed by applicable law. Trustee, without demand on
<br />Bonower,-shall sell the Property at public auction to the highest. bidder at the time and place aDd under, the terms des.igDated
<br />in the notice _of sale in one or more parcels and in such order as Trustee may delennine. Tmstee may posfpone sale of all
<br />or_ an}' parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender'_s designee may purchase tbe Property at any sale.
<br />Upt)n receipt of payment of the price bid, Trustee shall deliver to the purchaser T~tee's deed conveying the Properly
<br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />sb~:apply the proceeds of the sale in the foUowin2, order: (a) to all reasonable costs and expenses of the sale, including, but
<br />no.t-limlted, to, l'ru~tee's fees of not more than 5.0 % of the Kro~ sale price, reasonable attomey's fees and costs of
<br />ti.(Ie _evidence; (b~ 10 all sums secured by .his Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />lbereto,
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust.
<br />Borr~wcr s~all have the_right to have ~ny proceedings begun by lender 10 enforce this Deed of Trust djscontinued at
<br />~ny ~I~rnc prior to 1he car.l.lcr to occur ,()f (I) the fifth d~y bef~)fe the sale of the Property pursuant to the power of sale conlaincd
<br />-In,th.s Deed of Trust (?r (II) entry of a Judgment enforcmg thIS Dct.>-d of Trust if: (a) Borrower pays Lender all sums which would
<br />~~ t'len due under rhls,.D:eed ~f Tru~t, the_ N~te and OOles securing Future Advances;, if any, had no acceleralion occurred;
<br />\01 DQrrower cures nil DreaChcs 01 any o!her covenants or agreements of Borrower contained in this Deed of Trust;
<br />(c) Borrower pu.ys all rca!!onable expenses Incu~rcd by L.cndcr and Trusrcc in enforcing the covenants and agrecmenls of
<br />BorrQw~r con~alOed 10 fhl~ J?eed of Trust and In enforCing Lender's and Trustee's remedies as provided in paragraph 18
<br />her~?-f. mcludmg, but nof III~nlled to, ,reasonable attorney's fees; a~d (dJ Borrower takes such action as Lender may reasonably
<br />reqUire to assure that the hen of IhlS Deed of Trust, Lender's mterest III Ihe Propcny and Borrower's obJigalion to pay
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