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<br /> 84 002636
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<br /> 9. Caadessaatiara. The proceeds of any award or claim for damagm direct or eoetaegtsentia1. in connection with any
<br /> condemnation or other taking of the Property, or part thereof, or for conveyance in Pieta of co6de.+nuation. are hereby assigned
<br /> and shall be paid to Lender.
<br /> In the event of a total talon of the Property, the ~ shalt be applied to the suns 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 Borrower and Lender
<br /> otherwise agree in writing, there shall be applied to the sums secured by this Deed of Twat such proportion of the proceeds
<br /> as is egtral to that proportion whttfi the amount of the tsums secured by this Deed of Trust immediately prior to the date of
<br /> taking bears to the fair market valise 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 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 /> mailed. Lender is audxxired to collect and apply the proceeft at Under's option. either to restoration or repair of the
<br /> Property or to the sums secured by this Deed of Trust. to loci 1 shall not extend
<br /> Unless Lender and Borrower otherwise agree in uniting, any such application offpproc2 hereof eeds t principal
<br /> r change the amount of
<br /> or postpone the due date of the monthly installments referred to in paragraphs
<br /> such installments.
<br /> 10. Borrower Not Released. Extension of the time 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 shad not operate to release, in any manner,
<br /> the babil"sty 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 or otherwise modify amortization of the sums
<br /> secured by this Deers of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br /> 11. Forbearance by Lender Not a Waiver. Any forbear we 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 insurance or the payment of taxes or other liens or char by Lender shall not be a waiver of Lender's
<br /> right to accelerate the maturity of the indebtedness secured by this Deed of rust.
<br /> 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<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 Boned; 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 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 certified 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 "I be given by certified mail, return receipt requested, :o Lender's address staled 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 $hall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br /> IS. Uniform Deed of Trust; Governing Law; 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 properly. 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 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 the provisionx of the Deed of Trust and the Note arc declared to be se- rrable.
<br /> 16. Borrow'er's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time
<br /> of exa.-ution or after recordation hereof.
<br /> 17, Transfer of the. Property; Assumption. If all or any part of the Property or an interest 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 operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three }cars 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 he
<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 1_cnder and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as
<br /> !.ender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br /> in interest has executed a written assumption a„ recmcnt accepted in writing by. Lender, Lender shall release Borrower from
<br /> all obligations under this Decd of Trust and the Note.
<br /> If Lender exercises such optics to accelerate, lender shall mail Borrower notice of acceleration in accordance with
<br /> paragraph 14 hereof. Such notice shall provide a period of not less than 30 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 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 follows:
<br /> 18. Acceleration; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or
<br /> agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed
<br /> of Trust, Lender prior to acceleration shall mail notice to Borrower as provided In paragraph 14 ber"f specifying: (1) the
<br /> breach; (2) the action required to cure such breach; (3) a dude, not less than 30 days from the dale the notice Is mailed to
<br /> Borrower. by which such breach must be cured and (4) (hat failure to cure such breach an or before the date specified
<br /> in the notice may result In acceleration of [be sums secured by this Deed of TnM and sale of the Properly. The notice
<br /> shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br /> the iron-exWence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured
<br /> on or before the date specified In the notice. Lender at Lender's option may declare all of the sums secured by this Deed
<br /> of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br /> permitted by applicable law. Lender shall be entitled to collect all reasonable casts and expenses incurred in pursuing the
<br /> rsmedk,s provided In this paragraph 18, Including. but not limited to, reasonable attorney's fees.
<br /> If the power of We Is Invoked, Trustee shall record a notice of default in each county in which the Property or wine
<br /> part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br /> other penom prescribed by applicable Ism. After the lapse of such time as may be required by applicable law. Trustee shall
<br /> give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br /> Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br /> in thr notice of safe In oat or more parcels and In such order as Trustee may determine. Trustee may postpone sale of all
<br /> or any parcel of the Properly by public announcement of the time and place of any previously scheduled sale. Lender or
<br /> Len&es designee may purchase the Properly at any sale.
<br /> Upon, receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conseying the Prvpert)
<br /> sold. The recitals in (he Trustee's deed shall be prima fade evidence of the truth of the statements made therein, Trustee
<br /> shall apply the proceeds of the salt in the following order. (a) to all reasonable coats and expenses of the We. Including, but
<br /> nor limited to. Trustee's fees of not more than % of i% of the gross sale price. reammable attorney's fees and costs of title evidence:
<br /> (b) to all sums secured by this Iced of Trust; and (c) the excess, If any, to the person at persons legally entitled thereto.
<br /> 19. Borrower's Right to Rtiodate. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust,
<br /> z Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br /> any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br /> in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if. (a) Borrower pays I.ender all sums which winslil
<br /> he then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration (ucurrcd;
<br /> (h) Borrower cut" all breaches of any other covenants or agreements of Borrower contained in this feed of Trust:
<br /> (c) Borrower pays all reasonable expense% incurred by lender and Trustee in enforcing the covenants and agreements of
<br /> Borrower contained in this Decd of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 1!1
<br /> hereof, including, but not limited to, reasonable attorney's fees: and (d) Borrower takes such action as Lendcr may reavinahly
<br /> require to assure that the lien of this Deed of Trust. Lender's interest in the Property and Borrower's obligation to ray
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