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<br />X31-Q(106~4
<br />9. CoedcmmHiou. The proceeds of any award or claim for damages, direct or conaequenlial, in connection with any
<br />condemnation or other taking of the Property, or pan thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shat) be paid to Lender.
<br />In .~ event of a total taking of the Progeny, the proceeds shall tx applied n- the sums scrotal by [his Dted of Trust,
<br />with the excess, if any, paid to Borrower. In the event of a genial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Decd of Trust such proportion of the proceeds
<br />as is equal to Utat propottion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />t~in6 bzar to tt~ fair market valve. of the Pro~rty imm-dEately prior to the date of taking, with the balancs of ttta prrtreeds
<br />paid to I~rsnwer.
<br />If the Propery 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 ro respond to Lender within 30 days after the dote such notice is
<br />enaikd, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restontioa or repair of the
<br />Progeny or to the sums secured by this Deed of Tntst.
<br />Unless Lender and borrower otherwise agree in writing, any such application of proceeds to principal shag not extend
<br />or postpone the due date of the monthly installments referred w in paragraphs I and 2 hereof or change the amount of
<br />such rrtstailments.
<br />10. borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trtut granted by Lender to any successor in intcrrst of Borrower shall not operate to release. in any manner,
<br />the liability of the original Borrower add Borrower's successors in interest. Lender shall not be required [o commence
<br />proceedings against such successor or refuse to 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 Borrower's successor in interest.
<br />11. ~ Forbearance by Leader Not a Waives Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any much right or remedy.
<br />The procurement of insurance or the payment of taxes or'ot,her liens or charges by Lender shall not bt a waiver of Lender's
<br />tight to accelerate the maturity of the indebtedness secCSe,et'by this Deed of Trust.
<br />IT. Remedies Cumulative. All remedies provided•inahis Deed of Trust are distinct and cumulative to any ocher right
<br />ar remedy under this Decd of Trust or afforded by Iay~ or tywty, and may be exercised concurrently, independently or
<br />sttcccasivdyy 1 '•
<br />l3. Saceetaors sad Ass~as boar; Jobtt sad Several [Jahilhy; Captions. The covenants and agreements herein
<br />contained shalt bind, and the rights hereunder shat! inure tn, the respective snccessorc and assigns of Lender and Borrower
<br />.w. ...,: e.. _.,. ....:,,.~,, ,::, .,uy ~uutiCC to
<br />Borrower provtted for m thu Deed of 7itut abed rte given by ntawng sucb notice ny certified mad addressed to Borrower at
<br />the Property Address or at such other address as Borrower may des+gnate by notice to Lender as provided herein, and
<br />(b) any notice to Lender shalt be green by certified mad, rawer receipt requested. to Lender's address stated herein or to
<br />such other address as Lender may demgrmte by notice to Borrower as provided hercm. Any notice provided for in this
<br />Deaf of Trust shall be deemed to have been given to Borrower ur Lender when given in the manger designated herein.
<br />15. Uiilfor® Deed of Trrs4 torerniag Law; Sevcra~lify. Thu form of .Iced of trust combines uniform covenants for
<br />national use and non-uniform covenants with limited vanauoru by iurisdicuon to constitute a uniform security instrument
<br />covering real properly. This Dted o[ Trust shall be governed by they law ref the iurisdiction in'which~the Property is located.
<br />in the event that any proviswn or clause of this Decd of Trmt or tRe •Note conflicts with applicable law, such conflict shah
<br />not a$ect other previsions of thu Dced of Trtut or the •Note which can t>e given effect without the conflicting provision,
<br />and to this end the provisions of the Deed ul Trust and the Note are declared to tr+: severable.
<br />1~. porrewer's Copy. Borrower shall be furnished a eanfarmedcropil of tits Note and of this Deed of Trust at the time
<br />of exe~.ttion or alter recordation txreof.
<br />17. Trmtsfer of the property; Ataumptiaa. If ail ur any part of the PrQpe:rty ur an interest therein is sold or transferred
<br />by Borrower wittrotii Lenders prior written consent, excluding tai the ~trtatit;a of a lien ur encumbrance subordinate to
<br />this Dced of Trust, (b) tlx creation of a putchese money scurity inmrest for huuxchold appliancls, Ic) a transfer by devise,
<br />descent or by operation of law upon the death of a iuint tenant Ar
<br />Lender may, at Lendei s opdun, declare all the sums secured by this Deed of Trust to 6e
<br />immediately due and payable. Lender shall have waved such option to accelerate if, pfior to rite sale or transfer, Lender
<br />and the person to whom the Property is to be sold ur trarufcrred reach agreement in writing that the credit of such person
<br />is satisfactory to Lenikr and that the interest payable on the sums secured by this Deed of ;float shall be at such rate as
<br />Lender shall reyuest. If Lender has waived the optiat to accelerate provided in this paragraph 19, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted m writing by Lender, Lender shall release Borrower from
<br />alt obligations under this Deed of Trt~! a::d [he Note. -
<br />ff Lender exercises such option to accelerate, Lender shall mud Borrower notice of acceleration in accordance with
<br />paragraph i4 hereof. Such notice shall provide a penud of nut less than 3U days from the date the novice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower felts w pay' such sums poor to the expiration of such period,
<br />Lender may, without further twtice or demand uu Borrower, invoke any remedies permitted by paragraph I S hereof.
<br />Non-Untroatn Covensnrs. Borrower and Lemler further covenant and agree as follows:
<br />ig. Acceiertlae; Remedies. Euepf a- provided is paragraph f7 hereof, upor i3orrowePs breach of any arovettant or
<br />~rtemeas of borrower is tbes Detd of Trm4 including the covenants to pay when ilea nay sums securtd by Ibis Detd
<br />of Trtwl, Leader prior to accrkralioa shad! ntrtB native to Borrower as pruridtd in paragraph 14 hereof specifying: (1) the
<br />brcacb; (2) the action requked to cure sucb breach; 13! a date, nut less than 30 days from fbe dale the notke is rrtafled fo
<br />bwrowsr, by whkh such breach must 6e cured; and (4) that failwe to ante such breach on or before the date specified
<br />ire 16e police may result is accekralioa of the sates secured by this Detd of Trust and sale of the Property. Tht rtotke
<br />shah frAber inform Borrower of the right to reinstate affw acceleration and the rfgbt to befxg a court action to assert
<br />the two-exksteace e'f a ~t'tmlt ur any ether deftase of burrower !o aneleratfar and sale. If fbe breach is not cured
<br />oa or before fbe date speci&td in the notice, Leader at t.eader's upflou may declare all of 16e sums secured by this Deed
<br />oil Trtuf to be immediately due and payable without further demand attd may imuke the power of sale attd nay of her remedies
<br />pmrmitted by appBeaWe taw. Lender shag be eatitkd fu culler! a{I reawttaltk costs sad expenses incurred In parsadrtg the
<br />remedies pmrlded is this paragraph ig, iaclydiag, but rtul limited to, rettwrwble anorrtcy's fees.
<br />N the power of lade is invoked, Trustee shag record a roller of default in each county in wbkh the Property or some
<br />part thereof rz located and shelf mail eoples of sorb notice in the roaaaer pnxritred by applkabk law la Borrower sail to the
<br />ether persons prescribed by apptktt8le law. After the lapse of wch !tree as may be required by applicable law, Trustee shell!
<br />~p{lre prr-lic notice u[ sale to !lu persmes aril in the maturer prescribed by applica~e law. Trustee, without dernaad on
<br />Satroever, shall sedi the Property W pabtk arctioa to lire h~btsf bidder at the flare aril place and under the eaten des~aated
<br />iw the aotke of sale io one or more percale awd in such order as Ttrrstee may delermire. Trrtstee may postpone sale of all
<br />a nay garret of the Properly by public anwortacetwrm at the titre and plxe of any previously schedulttd sale. Leader or
<br />l.tader's designee mry purchase the Property m cry soft.
<br />Upaa receipt of paytsseat of the price bid, Trustn stud! deliver to the prrchavrr '1'restte's deed coaveyittg the property
<br />said. The rechak is the "frustce's Reed shag bt priara facie eridrue of the trorA of the statements snide therein. TruNee
<br />siaY apply the proceeds of the sale m ¢Ite folbwip~ order: (ay to aB reawnabla casts and espettses of the stile, including, but
<br />not iiraittd te, Trrslte`s fees of aW more tharo 1/ L Of 1 `"o of IYe gross sale peke, reasonable atlornty's fees and costs of
<br />title evidence; (dot to alt sums secured by this Deed of Trust; and Ic) the access, if any, to Ilk person or petsnm legaby ealitkd
<br />1AereEo.
<br />19. barrower'a Right !o Reirwak. Notwnhstandmg t.cnderl acccler:+twn ul the sums xcurcd 6y this Decd u€ Trust.
<br />Norrowsr shall have the right to have any pr.rccedings begun by Lender to colorer ttris [teed of !'rust discontinued at
<br />any time great to the carliet to occur of iii the fifth day f~fam tbC sale tit the Property pursuant to the ;waver of sale contained
<br />in this Iheil of Trust or 1++) entry of a judgment enforcing this Deed of Trust +t: cal Burrower pays Lrndcr all sums which would
<br />be there due utafer this Deed of Trust, the Note and testes ucunng Future .Advances, rf any, bud nu aceeleraaon txcurrrd:
<br />Ibi lkrrcaawtr cures- alt breaches of any tuber covruenu ur agrecnx;nts of Barcuwer +untaitted to this Deaf of 'trust:
<br />i.) bctr'rutacr pay, ail ri€acanable experses incurred by f.endrr and Tntatca to enforcing the covenants and agrcerrtents of
<br />Ikxrlrwcr euntainsd in thrs laced i,f `l rust and in enforcing I.ersder'c and .t ru-teas rc+mdies as provtded to paragraph tt?
<br />Rua)f, irrc tuilrrrg, trot ruu lorded tu, rersunabk atwriney3 fees: anJ id) ttarruwcr iakcs ~w.h :tcttnn as t coder may reasrmably
<br />eequue to assrtrc titre ttu^ )terx tit this Deed tit 'trust, t.eruler's intcresi to +be Property and iturtowers obligation rr pat
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