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<br />84- 006046
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<br />9. Condemnation. The proceed. or any award or claim for damage., 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 .hall be paid to Lende..
<br />In the event of a tetal taking of the Property, the proceed. sha!! be applied to the sums secured by this Deed of Tru.t,
<br />;;:irh in;: CXCWS, if doUY, ~;d tv Bctrcwer. 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 sucb proportion of tbe proceeds
<br />as is equal to that proportion whicb the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />!aking be:;rs to the fair marker value of the Property imml!diately prior to the dat~ of taking~ with the balance of the proceeds
<br />paid 10 Borrower,
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offen 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 />~roperty or to the sums secured by this Deed of Trust,
<br />Unless: Lender and Borrower othefVr'j,~ :igree in writing, any such application of proceeds to principal shall not extend
<br />or postpone !he due date (If the monthly installments referred to in paragraphs j and 2 hereof Oi change the amount of
<br />such installments,
<br />10. Borrower Not ReIeaoed. Extension or the time for payment or modification of amortization of the sums secured
<br />by Ihis Deed of Trust granted by Lender to any successor in inlerest 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 Oi otherwise modify amQrtization of the sums
<br />secured by this Deed of Tru~t by reason of an\' dema.r:.:.:! ~cde by the ~:ig~~e.! ~!'!~wer e.~d Borrower's successors in interest.
<br />11. Forb-..t!.."!!I!<''' by I....nder Not 8 Walver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shaH not be a waiver of or preclude the exercise of any :ue.'t right Dr remedy.
<br />The procurement of insurance or the payment of laxes or olher liens or charges by Lender sball not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured hy this Deed of Trust.
<br />12. Remedies Cumulatlv.. All remedies provided in this Deed of Trust are distinct and cumulative 10 any other right
<br />or remedy under Ihis Deed of Trust or afforded by law or equir,, , .' may be exercised concurrently, independently or
<br />successively,
<br />13. Successors and Assigns Bound: Joint a!ld ","VO't; ~,,,j,,;1lt:v; (''I.tle.... The covenants and agreements herein
<br />contained shall bind, and the rights hereund.. ;;;j~d inure ;C, ,:.' respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All covenants and ag=ments 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 tc.- 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 certified mail addressed to Borrower at
<br />the Property Address or at such otber address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice 10 Lender shan be given by certiiied mail. return receipt requested. to Lender's address slated 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 10 have been given to Borrower or Lender when given in the manner designated herein,
<br />IS. Uniform Deed of Trost: Governing La..; 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 located,
<br />In the event that any provision or c1a\llle of Ihis Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provis~om of this Deed oi Trust Or the Note which can ~ gj;,;en eff~t 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. BOI"f'OWus COP.r-- Borrower S.hiiU be fUfni;hed Ii 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 !he Property; AlISumptioo. If all or any part of the Property or an inlerest 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 operalion of law upon the death of a joint tenant or (d) Ihe grant of any leasehold interest of Ihree years or less
<br />nol 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 creait of such person
<br />is ""tisfactory to I.ender and that the interesl payable on Ihe sums secured by this Deed of Trusl shall be at such rate as
<br />Lender shall request, If Lender has waIved the oplion to accelerale provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted ill writing by Lender, lender shall release Borrower from
<br />all obligation. under this Deed of Trust and the Note,
<br />If Lender ..,ereises such oplion to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph !4 hereof. Such notice shall proVide a period of not less than J{) 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, Without further nOlice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENAN".. Borrower and I.ender (urlher covenant and agree as follows:
<br />18, Acce.....t1oa; Remedies. Except as provided In pal'lll..ph 17 herenf, upon Borrow.r's breach of any covenaut or
<br />"l:"",menl of Borrower in this lleed of Trust, Including the COVenants '0 pay when due any ooms secured by tbis Deed
<br />of Trust, Lemler prior to acce.....tlon shall mail notke '0 Borrower as provld.d in pantll..pb 14 hereof specifying: (I) tbe
<br />hreacb; (2) the action required to cure such breach; (3) a dat.. not less 'han 30 day. from the date the nollee Is mailed to
<br />Bono..... by which such breach must be cured: and (4) that faUure to cure such breacb on or befnre the date specified
<br />in the- notice may mutt in accderation of the ~ms sec~red by !~!s !).eed or Trust ern! we of the Property. The noUce
<br />shall further iuform Borrower of the riCht 10 reins.ate at.er acc.leration and the right to bring a court action to assert
<br />tit. _...sistenee of a default or an. other def....... of Borrower '0 acceleration and sale. If the breach is not cured
<br />on or lorlore the date specified in the Boike, Lemler a. under'. option may ckclare all of the sums secured by this Deed
<br />of Trust 'n lor immediately due and payable wilhout further demand and may inmke .he power of sale and any other remedies
<br />permiUed by applicable la.... Lender shall lor eutil"'d to collect all reasouable costs and e"pe..... incurred in pnnuing Ihe
<br />remedies provided in Ihis pal'lllraph 18, including, but nat limited 10. reasonabl. aUorney's fees.
<br />it iitc pun-a u: ~ iiii iR.~.n:J Tfii-~~ i:t.a:: rnv.d ii iIDtkc fif default in each county in which the Propeny or some
<br />p.art thereof is located and sball mail copies nf sucb nolice in the mann.r pr<$'ribed by applicable law to Borrower and to the
<br />uth", j1fl'iOa5 p......,ribed by applicable law, After .he Is..... of sn.'h lime.s n.ay lor required by applicable law, Trustee shall
<br />!live publk -., rn sail< te the pc........ and in the ...,,,....,, preocrihed by applicabl. la... Trustee, without d.mand Oil
<br />Borroto<<. shall sell the Property al public aurtion '0 Ihe highest bidder at Ih. tiDle and plac. and under the t.r.... designated
<br />in lhe lIOtice of sale In """ or more parreis and in soch order"" Trus'ee may cklermine. Trustee may postpone sale of all
<br />6T AllY parcel of the Property by poblir announrem.nt a, the time and plac. of any pr.vlously schedu"'d sale, l.nder ur
<br />(,ender'. daiR- may pun:h_ Ihe Property at any me,
<br />Lpoa re<'eipt uf poy......t of the prieto hid. Trostee shall ddiv.. tu the purell....,_ Trustee's deed ''OII,'eying the I'r..perty
<br />"*,, The redtabi in tho Tru.'Ilee'. deed shall he pri_ fade e\'idence uf the truth of the statements tRade therein, Tn"'1ee
<br />shall apply the pro<eed.s of the sale In Ibe following order: (al to aU ............bl. .'OSL' alld expenses of the sale, including, but
<br />3Ct U::rit#d ~~ Tr~~" fn; uf mn ffiijI-c itliifi ~': Qf i!:t .>> <<Ie groM!taie prit.'"e~ reaSOWlbie ailomey's. fee-s and costs of title ('l'mfllu;
<br />,hi toall__..red by this l~ufTl:'Ust; and (cJIbe""....... ifany, 10 lb. person or persons ~ally eutllled ther"'o,
<br />19. Borrt,w~r--$ RiCht to Rriestl1k. Notwt1hstafldin~ Lender\ a~,C'kratlon of the ~um.. lIoccured tw thIS Deed of ll'm!.
<br />Bt".tff()Wer .naB have the flSht to have ..HI)' pn>t:cedlng," begun by Lender to t"nforcc thl'i Deed of Trust thSCOlltlnued at
<br />.my ~unc- prior to the e:iUl~t to fJC'CUf flf H' the fifth day befor-e the ~oth: of the Prof"Crt)' pllOl-Uant tf' the power 01 ~ale (onHttncd
<br />In thfttlJt.::edoJT-rUlit (If fill entry of a ,udgment enforcing thi'\t Deed of Trust 11: tal Borrower pays LClidcr all ~_Hlm~ whICh w(luld
<br />00 then due under thf'- r:>eett of Trw;,t, the Ntlle and no-fe-... ~~'cur'j"g Fuwn." Advam."eS., tf any. had nn ;lccc!enHJon occurred;
<br />It-H 8orrr~wt"t ('un~s aU bf'elich-es Hf any I,\ther t:ovenuflt-s Of ;t~feen'teflh or f}-<'rrowef runh\ined In thi.. (h.~l.'--d of Trust:
<br />~l:;) Borf-<:)We,r pay\ aH ft'.l'lIiOf).~bt-e e~pen~'i i-n('\,n't."iJ h~ L,t.'uucf' and Tru~t-ec _ ill cnf{'~tCUlg Ihe ~{}\'\'n3,nh .tnd agre-emr.nts ()(
<br />fi{~"--,,...-'t:r -i;;tWlt"ined Ul fttj1i f.kt<d 9f Ttu~t afl:d jfi er:th)ft:mg Lt<nder\_ 3n-d i ru'>l-ce ','" 1"t..tnC'(he~ 31< PH\Vldt'O tn pMa~tr<iph ! H
<br />h~";01"JL lJlt;tudutf:. but ftf!-t hmrted tn, reasonable -aH(f1fWY'", ff:cv.; imJ hb B:"rrn.wt'r !ah~~ .;,uch aftwn ;1\ Ll,;"Htkr ,'mn- ;t+w.,onablv
<br />ftQH:lft h~ lU"t!jf~ ~h.d !h~ hen pt thUi IKe-d iff! lrma, f.end.t~{\ lfitert.:~t If! Ih.:: J'>j"npt'rtv :md lk'rrii\vt'r.", ;~h~aft(1n h' p,\\\--
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