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82_. i~U4'79
<br />9. Cawdr4tnatioa. The pracuJs of any award or claim for Damages, direr[ or coruequential, in connection with any
<br />condemnation or other taking of the Property, or part tnrreof, or for conveyance in lieu oErcondemnation, are hereby assigned
<br />sad shall be paid to [.ender.
<br />In the went of a total !along of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust,
<br />with the dtceas, if any, paid to Borrower. In the event of a partial taking of the Property, tmkss Borrower and Lender
<br />otherwise agree in writing, there shall lxe applied to the sums secured by this Deed of Trust such, proportion of the proceeds
<br />as is squat to that proportion which the amount of the sums secured by this Dud of Trust immediately prior to the date of
<br />taking boars to the fair market valtx of the Froperty immediately prior to the date of taking, with the batarue of the proceeds
<br />pad to Borrower. ,
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to trtake
<br />an award or acute a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lander 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 />{3nkss Lerxder and Borrower othrmvjse agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly irestaltments referred to in paragaphs I and 2 hereof or change the amount of
<br />Such' imtellmeats.
<br />IH. 13orrowrr Not Relk~d. P.xtensian of the time for payment or modification of arrwrtization of the sums secured
<br />by this Dead of Trust granted by [amder to any strecessor in interest of Borrower shall not operate to release, in any manner.
<br />tlx Lability of the original Borrower arxd Borrower's successors in interest. Lender shall not be required to commence
<br />procealings agaitut such successor or raftse [o 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 Bortower's successors in interest.
<br />i }, Forbearance by Leader Not a Waiver. Any forbeatanee 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 iraurance or the payment of taxes or other liens or charges by Lender shall riot be a waiver of Lender's
<br />right io accelerate the maturity of the imtebtedness secured by this Deed of Trust.
<br />12. Remedies Cumdatlve. All remedies provided in this Deed of Tnrst are Distinct and cumulative to any other right
<br />or remtxlyvnder this Deed of Trust or afforded by taw or equity, and may be exercised toncurrentty, independenNy or
<br />successively.
<br />13. Successors and Assign liloorrd: Joint turd- 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 17 hereof. All a•~enants 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 nxn to be used to -
<br />interpret or define the provisions hereof.
<br />14. ]Vofke. Except for any notice required under applicable law to be given m another manner (a) any notice to
<br />Borrower provided for in [his 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 nonce 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 dcemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing l.aw; Severabiiity. This corm 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 shalt be governed by the law of the furisdiction in which the Property is located.
<br />to [he event that any provision or clause of this 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 conflicting provision.
<br />and to this end theprovisions of the Deed of Trust and the Note are Declared to ha severable.
<br />16: Borrower's Copy. Borrower shall be funushed a conformed copy of the Note and of this DeeJ of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Froperty; Assumption. If alt or any part of the Property or an interest therein is sold or transferreal
<br />by Borrower without Lender's prior written consent, exeludmg (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 trans[er by devise.
<br />descent or by operation of law upon the death of a joint tenant or '
<br />Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to he
<br />immediately tie 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 the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall regFiest. If tender has waiveD the option to accelerate provided in this paragraph 17. and if Borrower's successor
<br />in interest has executed a written assumption agrument accepted itx writing by Lender, Lender shall release Borrower from
<br />aN obligations under this Deed of Trust anD the Ntte.
<br />If Lender exercises such option to accelerate, Lender shall mad Borrower notice of acceleration in accordance with
<br />paragraph t4 hereof. Such notice shall provide s period of oat leis Fhan lU day. Irmo the date the notice is mailed within
<br />which Borrower may pay the sutra declared due. If Borrower fa+Is to pay such sums prior to the expiration of such lxriad.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted be paragraph I8 hereof.
<br />Non-Uvteoan# COV£NANl'S. Borrower and 1_ender further covenant and agree as follows: -
<br />Ig. Accelrrattoa; Remedies. Except as provided in paragraph #7 hereof, upon~Borrower's breach of any covenant o:
<br />agreement of Borrowrr in [his Deed aF Trust, including the covenants to pay when due any sums secured by this Deed
<br />-of Trust, Lender prior to acceleration shat! mail notice to Borrower as prodded. in paragraph 14 hereof specifying: (I) the
<br />breach; (2) the action required to care such breach; (3) a date, noE less than 30 days from the date the notice is mailed to
<br />Sormwer, 6y which such breach must be cured; and {4) that failure to dire such breach on or before !fie bate specified
<br />imthe notice may result in accrlention of the sums secured by this Deed of Trust xnd sale of !fie Propertv. The notice
<br />sbaB futihrr inform Borrower of the right to reinstate after accekrtition and the right to bring a court action to assert
<br />the rrau-exis#enee of a drfauL or any other defense of Borrower to acceleration and sale. ff the breath is not cured
<br />oa or before the date specified la ifte notice. Lender at I,ettdrr s option may declare all of the sums secured 6y this Deed
<br />of Tros# Yo be immediately due and payable without further demand and may invoke the power of sale and any' other remedies
<br />permitted by applicable law. Leader shag be entitled to collect all reawnaWe cents and expenses incui'rYd in pursuing the
<br />reraetBa provided in this paragraph 1g, including, but not limited to, reasonable attorney's fees.
<br />If the power of salt is invoked, Trustee shall record a nolicr of default in each county in which fhe Property or some
<br />par/ thereof ts-located and shall mail copies of such mxlice in the manner prescribed by applicable law to Borrower and to [he
<br />other persor>s prescribed by applicable law. Aster fhe lapse of such t(me as may txe required by applicable taw, 7'rvstee shall
<br />give public ttofice of sate to the persons and in the manner.prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall seB the Property sf public auction to the highest bidder at the time and place and under the terms designated
<br />in the trotice o4 sale in oleo or more parcels and in sorb ardor as Trustee may determine. Trustee may postpone sale of alt
<br />or any-parrot at thre Property by public anrtovnzement at the Hmc and place of an,Y previously scheduled sale: [,ender ar
<br />tondo's designee may purchase the Property at any safe.
<br />Uptw tYCeipt of payrnsni of the price hid. Triwtce shaft deliver to the purchaser Trustee's deed canveying the Property
<br />!~.- Tba-revitais.intkr'rrmt#et's decd-shag be prima facie evidence of the truth of [he statements xmtde thrrtin. Trustee
<br />trhaiB apply the proceeds of the sale is the #o#bw#'~g order: (a) to tdl rcasonabk costs and expenses of the sale, itrctudeng. but
<br />not tia~d.to, TraRer'S fees of nttEt. mOra luau 1~ L Of 1 `"~ of the gross aalr price, reasooabte attarnry's fees and casts of
<br />cabdtac>a, t~b} tit tell ~ geared by this Decd of Tivst; and (r) the caress. if any, to the person or pers,sac legally entltled
<br />ktn+No.
<br />1t1. Borrower's Right th Reinstate, Notwithstanding Lender's accelzr~hon st the sump +reuretl bs ~. - Decd of Trust,
<br />Bstrrawer shelf have the right to have any pr:xcrdings begun by l_endcr !a+ cnf.arer this Dced of Trust SiscortinueJ at
<br />any U1ttc prior ro thz rasfiet to occur of fit the fifth cfay before the sale of fns Property pursuant r.< the pow-cr of sate Contained
<br />fn this Dcad o(Tru#! Fir {iif entry of a judgment enlorcing this Decal of 'T n+st d: Iat Borrower pays Linder .d! sums which would
<br />lse lltem due under this #JeeD of `i'ntsr_ Ihe. Note and notes ucuring Future :ldvattcx:s, if any', bait »o ai'Celtr.+tion xcarrcd.
<br />(tx) Borruwrr cures at) breathes e+f any other covenants .~r agreement. csf Horra~.vcr contained +» thn Deed of 'Tn+st;
<br />te) Bortowcr pays all reasanahie estt~nsus incurred t+3 1_enetrr and Tower. ;n e+,iorctng a+e 4.5~coastt; and ggnemanf. of
<br />Bzxrnxwgr c;nnFa+tmal in tfta D€ed asf Trt._[ not +n enf++rain~ [-znJcr's ~r.J 't-uslee`€ remedies at t ~r-v+xicd m paragraph IY
<br />tsarrof, sncluding, tttxF not lrmifzd in, xzawnatrle at1ornt_S-'s fa=ct and fd) Ht.rmwer takes =+i.1t x~UC E r~F i-~n acv +nnY reasttnat+h
<br />regs+ire to assort that the Bert of this 3T'rtD of 'frost. l.enc~r'~ intere+t xa the Prol>zrty a;d A: mPwOr's ab)igaGon to pas•
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