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<br />~` +$e2~W t1013~34
<br />9. CoademoaWoa. 3'tte proceeds of any award or claim for damages, direct ar consequential, in connection with any
<br />_, coadtrtnatioa or other taking of the Property, ar part [hereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />- an8 shall be paid to Leader.
<br />In the event of a total taking of the Property, the proceeds shall t?e applied io the sums secured by this Deed of Tntse,
<br />with the excess, if any, paid io Harrower. [n the went of a partiat taking of the Property, unless Harrower and Lender
<br />otherwise ague in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is egnal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />E taking beats to the fair rrtarket value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid'to Bortowor.
<br />df the Ptaperty is abandotraf by Borrower, nr if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settee a claim for damages, Hormwer fails to respond to Lender within 30 days after the date such notice is
<br />_ tnaited, Lender is authorized to collect and appl}° the pzaceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums located by this Deed of Trust.
<br />unless Lender and. $orrower otherwise rgree in writinb, any such application of proceeds [o principal shall not exfend
<br />or postpone rho due date of the monthly insia0ments referred to in paragraphs t and '_ hereof or change the amount of
<br />such ieutaNmettYS.
<br />1®. Borrower Not Released. Exirnsi;>n of the time for payment ar modification of amortization of the sums secured
<br />by this Deed of Truss granted by Lender to any successor its interest of Borrower shall not operate to release, in any manner,
<br />the liability of tree original Borrower and Borrower's successorss m interest. Lender shall not be required to commence
<br />proceedings against such successor or ;clear to extend time foe paymem or otherwise modify amortization of the sums
<br />secured by this Decd of'Tntst by reason of any demand made hy. the origins! Harrower and Borrower's successors in inieresl.
<br />tl. Parhearaace by f,cader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />-« otherwise afforded by applicable law, shall not t?e a waiver of or preclude the axerrrse of any such right or remedy.
<br />Tltte procurement of insurance ar the payment of saxes or other liens or charges by tender shall not be a waiver of L.ender's
<br />right to accelerate iht matunry of the indebtedness secured by this Deed of Trust.
<br />!2, Remedies Cumafstive. A31 remedies provided in this De:td of Trust are dsttnct and cumulative to any other right
<br />ar remedy under this I>eal of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />sut:cessively,
<br />l3. Sactmors and Aligns Idouad: 3oint and Several l.iaMlity; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights htrtut.drr shailrnurc ta, the respective successors and assigns of Lender and Borrower.
<br />salt;rct to the provisions of paragraph i" hereof. Alt covenants and agreements of Aarrower shall tie join[ and several.
<br />- i'Tt~e captions and iteadiugs of iz'~c yaragrapls of tfris Decd ~f Truss arc stir ~•,awcmenct c+rtiy and art ^ot to i>z used to
<br />- interpra ar define the provisions hereof.
<br />Ii. llotiee. Exttpt for any notice required under applicable law to bt ¢ivtn m another manner, (a) any notice to
<br />Borrower provided for in this Dad of Trust shall l,e grvrn by mailing such notice by certified mail addressed to Borrower at
<br />Ihr Property Addrtxs ar aY such giber address as $orroa•er may dexignate by notice to lender as provided herein, and
<br />tb) any notice to Lender shall be given lr}• cer•.ified wait, return receipt rcyvessed, to Larder's address stated herein or to
<br />sexb other address as Lender may destgnatc by notice to Harrower ::s provided herein. Any notice provided far in th>:s
<br />Deed of Trust shalt he dratted to ;rave been gluon to Borrower nr t.endrr wltrn riven in the manner designated herein.
<br />!3. UtSfarn Deed of Trent; Govern:itg fAW; Sevtrabilily. This fcxm of deed of trust combines uniform covenants fnr
<br />national cue and non-onifotm coscersanis with limited variations by 7urisdictiar. to constitute a uniform security instrument
<br />covetiag real property. This Dtrd of Trust shad f+e goverrzrd h}• the law of the jurisdiction in which the Properly is located.
<br />In the event that any provision or clause of this Dted at Trust ar the Naic contlirls with applicable law, such conflict shall
<br />nai affect other provisions of this Died of Trust ar the Note which can Yet riven ci7ect without chr conflicting provision,
<br />and to this end Ihr pmvisiomt of the Deed of 'Trust and chr Note arc declared to br severaixlr.
<br />ii. Borrower's ~Y° Borrower shalt be htrnsshrd a eimformrrt copy of tfie Note and ui ihis'Dted of Trust ai the time
<br />- of txteution or afar rerotdation hereof.
<br />I?. Ttrttesfer of the Property; Aawmptiau. )I alt ++r act} part of the Prapert} c+r an inrcres[ thereto is saki or transferred
<br />by borrower wuhout I.etedrr's prior written eansrot, cxcludmg Ia t chr cuation of a i+rn e.?r encumbrance subordinate to
<br />- this Dead of Trust, ib) the creatwn of a purchase tnarrcv security interrat far hausehoid appliances, ;ci a transfer by devise.
<br />drscttst or by operation of Saw upon chr death of a Taint Imam or { d t chr grant of any leasthoid intrust of three years or leas
<br />not containing an optian io purchase. l.:ender may, at i etidrr's apttcrn, declare cell chr sums secured by this t7red of Trust to be
<br />imm~ediatr#y due and payable. Leader shad have waived such optian to aca:tlerau if, pricer to the Batt or transfer, Lender
<br />geld the person ra wham the Property is: to i?e sold ar transferrrcx7 rcac?t agreement i;t writing that the credit x+f leech person
<br />as satisfactory to tender ainf that tht iatrrest payable t?n the sums srcuud rip this Derd of Trust shalt be at such rate as
<br />' Lender shall request. If Lender has waived the optian io accelerate provided in this paragraph U, and if Horrawer's successor
<br />to intrreat has rxtxntal a written assumptrcm agreement accepted in writing lay L~endrr, Lrndrr shalt release Borrower from
<br />ail obliypeons utsder this Deed of Tntst and the Note.
<br />If 'Lender rxerrises such optian to acctleratr. l.endcr shall mail Horrowrr notice of acceleration in accordance with
<br />paragraph tb hereof. Sitth notice shall provide a period of not less than lt) days tram tht dace the notice is mailed within
<br />which Borrower may ppay the sumx declared due, tf Borrower fa*Is as pa} such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Bareawer, ;evoke any remedies permitted h}• paragraph 1 H hereof.
<br />Nor.-Llstt>=aase CaVEtv>,rlrg. Harrower and Lender Fxirrhtr covenant and agar as foHaws:
<br />!8. Arnkratiua; Reneedks. Except as prodded in paragraph l7 hereof, upon Borrower's breach of my covenant or
<br />rq@•eemeat of Borrawer in rids f3rrd of Trust. iacludia^ chr rovenaats to pay when dne airy lens secured by this Deed
<br />of Trost. featftr prior to accelteratibn sha!! ttetil nufice to Horrowrr as prosided in paragraph la hereof specifying: (I) the
<br />breath: {2l the acrioo regnircd to rare such breath: t3) a date, not lox than 30 days from the date the twtire is mailed to
<br />Borwwer, by *rhich saeh birrach mast be cured: aced {d1 that failnrr to rare such bt:arh on or before tlx date specified
<br />is rlrc reotirae any rcxrlt iu aectlcrstioa of the sums scented by this f7eed of 7'rxetit aced sale of the Property. The notic,<
<br />shall. farther itsfurm Barww+er of the right to rrinslide meter accrlerafioa and the right to bring a court action to assert
<br />the aoa~eaislerrce of a defank or say Wbe[ dt#eaF,e oY Harrower to ttreeleratioa sad safe.. if the breach is no4 cured
<br />as of brfote flat QNe sperificd is ihr eaetiire, Leader at I.tader's option may declare aft of tlet sums serurrd by this Deed
<br />of Truax to be imrareditnely doe aced. payable withodn further demand and may invrskc tht power of sate and any other remedies
<br />perwtkred l7 appBeablk law. Leader shed! bt entitled to collect all reasonable costs gad ezpeases incurred in prusnirtR Ehe
<br />retoedlea provided-ice this .paragraph ttf. ariodiag, bat noM limited to, reasonable aitorncy's fees.
<br />ff 4he power of sak is invoked, Trttsxee sttaB record a ttcrtiee of defanfl in each connty in sc.`.~ch else Property or some
<br />partthrreot is located aadich~ tsrm7. ropier of such rroliee in the manger prescribed by applicable lava to $ormwer and to the
<br />. other persaas prescribed by applicable law, After the lapse of such time as may tee required by applicable law, Trustee shall
<br />glee palr~C ewfieeof side io tits pessoas god. in the matener prescribed by applicable law. Trustee, without demand on
<br />Borrawsr. sh~tai~ tier Prapertya.. ptehiic aaribn to the hq;best bidder at the time and plate and under the ferns designated
<br />is the native of sale is one or apst parcels and in such order m Trustee may determine. Trustee may pasrpone sale of all
<br />ter gay parse! of tht Properly by prbFic aaatsoeecemeat st the time aced place of any prevroatsly scbedtdsd sale. tender or
<br />Lrader"s dettiget:c enay pnrchae the Property at guy sick.
<br />[)pearnceipf at paynreal of the prier bid, Tnesfee sha0 deliver to the purchaser Trustee's decd conveying the Property
<br />sold- T6rc reeeta~tt to the Trrc~tees deed ski be prima facie evideare of the truth of the statemeais made therein. firttstee
<br />shag apgy the Peoeceeh of the sak is ihr falbwiag order: (a) to aN reasonable rosin axed expenses of the sale, including, trot
<br />rat Bmked ere. Trustee's fees of large nxsre thou _ ., ..,.Q_ . `-, of the gross sale prier. reawnabk attormy's fees and costs of
<br />tigilttvidenre; Ib)Ea ttB.snesasernred by this illeed of Tnesf:. and (c) tht exaxxr;, if any, Yo the person or persorss legally entitled
<br />tbrrefa
<br />19- RarrowYt'a Ri!~i fa itrinetait. Nai+srfhstanding Calder's acre{exatian of chr surwu secured by this flood of 7~rust.
<br />Bortawrr shah have the right to have any pr<xetdings begun by l.endtr to enfarcr this l3eed t?f 'Trutt dscontmated at
<br />any tent pr. x to the earlier to occur of ti) the fifth day before chr sate a€ the l'r~opt;rfy pursuant to the pawn cif sale contained
<br />4n hs fkr~i r tall cr ~ i*3 miry of a jza.lgmtnt rrtfxkrchtg this Decd of Trust if: Ie) Borrawer pays i ender cell sums which would
<br />rte t4c•t 3or ,trlrr rh+s i?s:cd of Trtist, chr 'Vote and Watts locating Iruturc Advances, if eery, ixad no acce-cratit?n e?ccurred:
<br />(f't Acnca-ei ~ r s z11 -t~,es -l eay arhrr ::o.renants or sgreernrnts of Harrower caaraiaed tit 4his f3ccd at" "r rust.
<br />ti tar rt+++z s a3i r n:.bfr C~pr_rui~, :rr .erred try C..en~r and 7•rat3tx,e in rnfixrcing the covenants and agreements u(
<br />_ P. ~ e . -.. r r . t kn + v I~c•d. ai '[ runt aacf in enlarv'tng Leaxttrcr's and 7~rtnstcr's rrmedicx as provrtlce, m para_,nra '? t 8
<br />_ t P~
<br />he t1~ r y m,trd ta, reasonabk attorney .fees; geld fd) Barrowex takes such ac t:7xt as Lcndu mat zexu,nabty
<br />.. trc{u r . °. a s.z :~~t ~ scn of tlxic t;re~ed of 'Feast, t endar`a rnirreSt rn the Prolserr} and Ht rruwer`s ,>bltgatioet ra pay
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