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<br />11 000584
<br />9. Catttdem~Na. The proceeds of any award or claim for damsgcs, direct or ~n3equential, in connection with any
<br />rondemnation or other taking of the Property, or pan thereof. or for conveyance in lieu of condemnation, arc hereby ::signed
<br />avid :)tali be paid to Leodee.
<br />In the event of a total taking of the Property, the protteds shall be applied to the sums secured by this Deed of Trust,
<br />with the excess, if any, mid to Borrower. In eht event of a partial taking of the Property, unless Borrower and Lander
<br />otherwise agree in writing, there :bait be applied to the cur-rrs secaared~r this Dttd of T: a! s=_•ch pr¢portion of the aroceeds
<br />?s is coast to that nrotsortwn which the amount of the sums second by this Deed of Trust immediately prim to the: date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the halat#ce of tF~ prs>reeds
<br />paid to Harrower.
<br />If the Properxy 6s abandoned by Borrower, or if, after notict by Lender to Borrower that the condemnor oHen Eo make
<br />an award or aeiNe a claim for damages, Borrower fails to respond to Lender within 30 days after the date :rich matter is
<br />matted. Lender is authorized to collect and apply the proceeds, at Lender's option, eitlxr to restoration or repair of the
<br />Proptny or to the sums secured by this Deed of TNSt.
<br />Unless Leader and grower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postporat the due dolt of the monthly installments referred [o in paragraphs I and 2 hereof or change the amount of
<br />such irtstantnea#s.
<br />10. Htarrower Nof Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Dted of Trust granted by Lender to any successor in interest of Harrower shalt not operate to release, in any manner,
<br />the liability of She origena! Boreower and Borrower's successors in interest. Lender shall not be required to commence
<br />proc~ings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />x~ured by.lhis Deed of Trust by reason o[ any demand made by the original Borrower and Borrower's successors in interest.
<br />}}, Forbearaacc by (xader Not a Waives Any forbearance by Lender in ezercismg any right or rErntdy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or prccludt the zzercise of any such right or r¢medy.
<br />The proeurcment of insunntt or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Decd of Trust.
<br />12. Remeddes Cnmrtiative. AI! remedies provided :n this Deed of Trust are dismnct 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, indeperdrntly or
<br />sucrxssivcty. ~
<br />13. Succtasors sad Asaigm 6ouad; Joist and Several [.lability; Captions. The covenants and agreements herein
<br />contained shall bind, slid 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 :.greements of Borrower shah be joint and several.
<br />The captions and headings of the paragraphs of this Decd of Trust are for convenience only and art not to be used to
<br />interpret or de$ne the provisions hereof.
<br />14. Nolte. Exttp! for any notice regwred under appbcable law to be green m another manner, (a) any notice to
<br />Borrower provided for in this Ihed of Trust shag be given by mailing such notice by certified mail addressed to Borrower at
<br />rtre Property Addrns or at such other address as Borrower may designate by nonce to Lender as provided herein, and
<br />(b) any notict to Lendtr shall be given by certified mail, rotor,^^. receipt requested, to Lender's address stated herein or to
<br />such other address as I.ttrder may designate try notice to Borrower as provided herein. Any notice providtd for in this
<br />Deed of Triut ahm-t be deemed to have been gsven to Burrower or Lender whin given in the manner designated herein.
<br />fS. UHiform Deed ~ Trost: Gorernirag Law; $ereratrilEty. 'This form of decd of trust combines uniform covenants for
<br />national use and raon•uniform covenants with limited variations by jurisdxcuon ro constitute a uniform security instrument
<br />covtriag rta! property. This Deaf of Trust shat! be governed by the law of the jurisdiction in which the Property is located.
<br />to the event that any provision or ciatrss of this Decd of 'trust or the Nute conflie#s wnh applicable law, such conflict shat!
<br />not affect oi}rcr provimons of this Detd of Trust or the Note which can he given effect without the conflicting provision,
<br />and to this end tell provisiom of the Did of Trust and the Note are declared to be sevtra6le.
<br />fi. Horrewer's Copy. Borrower shall be furnished a con[ormed copy of the Note and of this Decd of Trust at the time
<br />of execution or after rtxrotdatioa hereof.
<br />17, Trr~K of !~ Peaprrty; Assumpffpa. !f all or any part of the Prvpcrty ur an interest thtrem is sold or transferred
<br />by Borrower withaat L.etader's prior written consent, excluding (a) the creation of a lien ur encumbrance subordinate to
<br />this Dted of Ttttst, (b) the crtauon of a purchase money security interest for household appbances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a join! tenant or (d1 the grant of any Veaxhold interest of three years or less
<br />rwt crxrtaiaing an optwH to purchase, Lendec may, at !_ender's option, declare all the sums secured by this Deed of Trust to be
<br />rmmesiiateiy due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />arise the person to whom the Property is to be sold ur transferred reach agreement m writing that [he credit of such person
<br />is saris#astory to Lerufer and that ttx interest payable on the sums sc vied by this Detd of Trust shall be at such rats as
<br />Lender shalt request. if Larsder has waived the option to accelerate providtd in thu paragraph 37, and if Borrower's successor
<br />m interest has txscuttd a written aszumption agreement acceptzd hx wrung by Lendtr, Lender shall release Borrower from
<br />al! obligations under dais Ih+ed of Trust and the Nutt.
<br />tf Lemskt exercises such option to accelerate, t.cnder shall mat! Horrower nonce of acceleration in accordance with
<br />paragraph 14 hereof. Such raoutt shad! provide a period of not less than 70 Jays from the date the notice is maittd within
<br />which Horrswer #:aay y iht sums deelareJ dot. !F Borrower fails to pay such sums prior to the expiration of such period,
<br />Ltnder may, without further notict or demand on Borrowtr, invoke any remedies permittesf by paragraph 18 hereof.
<br />NtxaUr+tpoaxt Covtanet+rs. Borrower and tinder further covenant and agree as follows:
<br />t& Actekraiirra: Remedies. Pscept as providtd is paraanp4 f7 htreof, upon Horrowcr's breach of say covesaant or
<br />ttgrtemeet of Horrower is this Deed of Trost, including the covenants to pay whoa due say sums secured by this Dted
<br />of Trasl, [arndcr pilot to screleratioa shall raaB twticc fu Harrower as provided ill paragraph 14 hereof specifyiatg: (1) the
<br />hraacl: (Y) atrc aarioa required to cure such breach; i3) a date, root less tluH 3A days from tpe dale the rmtire is mailed fo
<br />Horrower, py which loop breach raznY be cared; sad 14) spa! failure to cure such breach oe or before the dolt specified
<br />ill the aWire rosy ressdt is aeceterasioa of the sores secured by this 1}eed of Tract sad sale of the Property. 7'he notice
<br />sbs6 furtlur i~orm Borrower rut the right io rcimtate afar accehntiaa sad the right to brierg a court action !o asstrt
<br />ilex aeo-txisatore of a rkefauk or say olptr defense of Horrower to acceleration sad sale. If the breath es not cured
<br />rta ar before !hr dNe spec9ied is the Halite, Lander at Leader's option may declare sB of the sums secured 6y this Decd
<br />of '}'rust io be im®tdiatdy dtu sad payable wiihoat fanbtr demand and may invoke the power of sale sad soy whet remedies
<br />parmiteed by ap~icaWe taw. Lendtr shat! !ae entitled to collect a!1 reasaaablt cs>sts sad expeasa incurred in puraaiHg the
<br />rt~dies proviikd is tys paragr9ph 18, incteding, but aW limited to, «asonabk attortxy's fees.
<br />H tf~ pawtr of sale is invoked, Truster :ball record a twtice of default in each county in which the Properly or some
<br />paA theres~ is tectttd aad sbaB mail copies o} such :write in the manner prescribed by spplieable taw to Borrowtr and to the
<br />WAer persom prescribed 6y appticahfe taw. After the lapse of suafi base a5 may be required by applicable IaP, Truster shall
<br />glre pab6r aufitt of :.alt io the persons aed in the ms:arrr prescribed by applicable law. Tructm, without drmand oa
<br />Sortvwer, sbttH seB the Property M prWic auction io the hsghest bidder at the rims sad place era! under the terrors detigesied
<br />tar tpe notice of s~ is one or mwe pnrceb sad is such order ~ Trustee may determine. Trnstre may postpoee safe of all
<br />~ my parer} of the Propaty by pablie aarouateareM a1 She time and place of any previously scheduled sale. Leader or
<br />[.coffer's dexgrtae map ptuchzr the Property ai say sale.
<br />Upaa nxtipl o[ payment of the price bid, Trustee shat! detirrr to flat purrhazcr Trusty's eltcd eonvcying the Property
<br />say, The rra#tals in spa Trtrsfee's dttd shah 6a prima facet eriderace of the troth of the stattyneals made thereto. Trustee
<br />spay appfy she prare¢ds of ttsr tali tai the fstowi:~ order: ta) to r!1 rcat:onable cants and cxpeases of the sale, includi~, but
<br />ant FiEiEai lo, Tta~ice's fors of Hat rrwrr shin ~ of the grass talc price, reasonable attorney's fern sad costs of
<br />tide rvldrace; test to all sums seturcd by this Drtd of Trust: and Ic) the cocas. if any, to the person or parsons Ie=aily ealilied
<br />lhenta
<br />fit, Harroaaar'a Right as .etinstatt. Notw,thstanding l.endes's azctteratian a! the sums sccurtd by this shed ut Trus!.
<br />Eirx[owtr s{ui) !tart tfie rishl m bout any proi:eedings begun by i.ender to enforce this Dttd of Tnist, diuontinued at
<br />arty torso pion to the tarlitr to occxrr of (i) the fifth day before the sale of the ProlA:rty pursuaiu eo the powrr of snit cunia,ntd
<br />sn this fJted elf Trust or tit) entry of a l#nlgrratmt tmfurcxng this shed of Trost ;f: tai Borrowtr payz t.tnder all suns: which would
<br />be this dvt utter thn teed of True, the Note ar#J :lutes scconng Future Advances, ,t any, had rta acetlerai,un rsa'currcd:
<br />th) ~srrszvcra cents elf M€at;hss of arty other covenants or agrtemtnts of Burrower contsinsd to this Deed of 'lino,
<br />tt) HrxrnwYt pays ail rtasrsrsahte tvtrenstz xracurrtd 6y Lcaadcr and Tnestet in zn€a voting the .:uvcnants and agreements of
<br />Hrsrrrmtr crx,taiar:rt :n mass DttJ of Truzt smJ ,n enfnrc,ng l.tnritr's anJ ~l rustle's rtsrndies aF #sruvrJeJ ~n paragraph #g
<br />ttetrtssf. irxlud+Hg. t'xsi raw fsmettd to, rta-wrsabk atwrrsvy's Sets-. anti td'+ Barrnwer aaYez such action as Lendtr may reaxsstart5
<br />rcgG.aise #u ri:aiirt «ha# the lien of !ht3 Shill •sf frost., fcrader~a ,i<ietrt ~n the i'r c-petty anJ Borrower's ,•bligut~on i,+ I'+y
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