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81-'0(x0674
<br />9. Coodtmnafios. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, ar for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Derd 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 />otherwix agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proeceds
<br />as is egttal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />Ff tlt- Property is abandoned by Borrower, or if, a#ier native by Lrndrr to $orrower that ilk^. condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails zo respond to [..coder within 30 days after the date such notice is
<br />mailed. Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the seem secured by this Deed of Trust.
<br />Unless 1_tnder and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or ~stporx the due dace of the monthly installmcns referred to in paragraphs ! and 2 hereof or change the amount of
<br />such installments.
<br />ltl. Borrower Not Rekared. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by t ender to any sutteswr in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not Fse required in commence
<br />procttdings against such successor or refuse to extend rme for payment ar otherwise modify amortization of the sums
<br />secured by this Deed of TrusF by reason of any demand made F+y the original Borrower and Borrower s successors in interest.
<br />I1. -Farbesrance by Lender Not a Waiver, ,4ny fnrtxarancr by f.rnder in exercising any right or remedy hereunder, or
<br />otherwix afforded by applicable law, shall not t+e a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of taxes or ocher liens or charges by !.ender shall not be a waiver of Lender's
<br />right to sca:eferate the maturity of the mdchtedncss secured by this Deed of Trust.
<br />12. Remedies Cumttdahvr. All remedies provided m this Dred of Trust are distinct and cumulative to any other right
<br />or remedy order this Deed of Trust or afforded h} law or equity. and may be exercixd concurrently, independently or
<br />successively.
<br />i3. Soccsnrs and Assigns Booed: Joim and Several I.Fsbilky; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the yes pecuve successors and assigns of Lender and Borrower.
<br />wbject ro the provisioru of paragraph I7 hereof. .4lt covenants and agreements of Borrower shalt be joint and several.
<br />The captiom and headings of the paragraphs of this Decd of Trust are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Ezrept for any notice required under applicable taw 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 />t1Ce Property Address or at such other address as Borrower may designate by native to Lender as provided herein, and
<br />Ib) any trotire to Lender shall 6e given by certified mail, re-turn receipt requested, tv Lender's address stated herein or to
<br />such otter address as [office may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />deed of TrtuP shall be deemed to have been given to Borrower nr Lender when given in the manner designated herein.
<br />l5. Uniform 17eed of Trust: Geverreiag Law; Severatry. this form of deed of trust combines uniform covenants for
<br />national ux and non-uniform covenants with limited variations by {urisdtctiun to constitute a uniform security instrument
<br />cove ~ sopawyr-ibis Deed of Trt::a shall he governed by the law of the iurisdiction fn which the Property is located.
<br />In t - r r' On.or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not a$ ~-, 'ti Decd of Trust or the Note which can hr given effect without the conflicting provision.
<br />aid tot of Trust and the Note are declared to be severable.
<br />1~.~ aarowera py. orrower shall be iurmshed a con(urmed copy of the Note and of this Deed of Tnist at the time
<br />of execution or after recordation hereof.
<br />17. TramEer of the PropeAy: Aaumptios. IF all ar any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written tansent, excluding ta) the creation of a lien or encumbrance subordinate to
<br />this Did of Trust, (b) the creation of a purchax money sccwity mtcrest far household appliances, {ci a transfer by devise,
<br />descrnt ar by operation of law upon the death of a {otnt tcnam or (d) the grant of any leasehold interest of three years 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 be
<br />immediately due and payable. Lender shall have waived such option to accelerate it, prior to the sale or transfer, Lender
<br />and the perwn to whom the Properly is to be said ur transferred reach agreetrrent in writing that the credit o[ such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by [his Deed of Trust shall be at such rate as
<br />Lender shall regtxst. If tinder has waived the option to accekrotr provided in this paragraph 17, and if Borrower's successor
<br />in in[etes! has executed a written assumption agreement asceptcd in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Natc.
<br />If Lerder exercises such option to accelerate. Lender shalt mail Borrower notice of acceleration in accordance with
<br />paragraph I6 hereof. Such notice shall provide a pericxi ^f not less than "tU days from the date the notice is mailed within
<br />which Barrower may pay the sums declared der. If Borrower fads to pay such sums prior to the expiration of such period.
<br />Lender may, without further iwtice ar demand on Borrower, invoke any remedies permitted by paragraph I8 hereof.
<br />Nary-UNIFOttM Covert,sNts. Borrower and Lender further covenant and agree as fol4ows:
<br />1& AcceAxation; Remedies. E:rcpt as provided in para$rap6 IT hereof, upon Borrowers breach of any covenant or
<br />>;t a# Borr~w.ay Sa tots aasd of Trot, inrladitaR tAe csvetaaats to pay woes doe any siratm secured by ibis IDeed
<br />of Trtn1, !,ender prior to acceleration shall trraii notice to Sorrower m provided fa panlrap6 14 hereof specifying: (1) the
<br />breach: t2) the action required to cure sacb breach; (3) a date, trot 1~ tltaa 'JO days from the date the notke is mailed to
<br />!orrower, by whicp sack breach roust be cured: a~ t4) that failure to cure sacb breach on or before the date specified
<br />iw tlx n+sdice wy restd! Fn acceleniiox of tIx sums secured by this lked of Trot sad sale of the Property. The notice
<br />shah frAber irsform Borrower ~ the right to rei~e after acceleration and the rfgbt to bring a court nation to astserf
<br />the mrr-exigence of s ttelmrlt or aey fiber defense of Borrower Fo accekratiea and sale. If the breach is not cured
<br />os or before the dale speci6rd in the notice, Leader at tinder s optios may declae alt of the sntrss secured by this Deed
<br />al'Irurt is be imrediNdy fine gad payable without fsAlrn demand and may iarolu tlx power of sale and soy other remedies
<br />permitted b! applicable law. Lrndrr abab be eaditfed to collect ail reasoaaYe caps gad expemea ittrnrred in pursuing the
<br />remedies provided io tAte pnragrap6 I g, itadudiat, bw not limked to, reasonable ahomey's fees.
<br />u the pawn ~ sale is invo4ed. TrasFee sAaB record s rwtice of default io each arouaty in wble6 the PropeAy or some
<br />prl thereof is orated and sfw11 mail copies of sucA nofice is Fie manor prescribed by applicable law to Borrower gad Io the
<br />other pssswaa prescribed by appticabie law. After [lu lapse of sorb time as may 6c repaired bl' applleable law. Teepee idtafl
<br />glue paWle taWke at ask to the persons asd is the rrta®rrer prrscribcd by appliesblr Isw. Trrs3tee, without deeaand on
<br />!!orrower, shag trdt the Property u public sncttos to tie hiRbest bidder at tAe time aed plece and neder the terms designMtd
<br />le the natfre of sate ~ Dale a more parcele anti is sscb order ss Trswre may determine. Teepee may paslpoae colt of ad
<br />nr any Pal of ~ arty by pnWle aneesrscemrm ~ the time ~ pLce of asy prcviarsly xbedaied sale. Leader or
<br />Lender's tiesdBaee wuy psrcAme the Pvoperty >t nay sale.
<br />Upon receipt ~' pay meat of the price Aid. Trtrpec shah deliver Io htr purchaser Trxstre's dyed ronveyi~ !be Prxgrerty
<br />sold. The rtxitab~ in the Trmtee'a deed sktaB Ae prima facie evitlewu of lbe truth of the slarrmeaFS rwade tArreia- Teepee
<br />sbaB apply the preceetb of lbe role ~ the follerrieg order: fa) !o aB reaaoaable cosh gad expeaaes of toe sake. irtctudigi, but
<br />oat Bdhtrl to, Trsshe'a fuss of not mere tAaa t15 o n<` tAe pews salty price, reasonsbte altarney's fees and coats of
<br />title estirwer; ltd W aB asuna aceared by hliti f)ced of Trtpt: and (c{ tie euwe, if goy. to tie person or persowa letpily entAkd
<br />~ae4.
<br />tf. Borvowcrar Right W ltaiwetate. Natwithsianding 1_endris acceterati<m a( the sums xaurad by this Deed of Trust.
<br />tlurrr:wrr shalt ha.e the right to have any ptoCCSdings begun by 1 ender to enforce this Derd of 7~nrss discimtinued at
<br />any tome prtpr to the earlier to occur of tr) the fifFh day before the sale of ttx Property pursuant to the Ixiwer of sale cexttained
<br />in Chle flecd of TrtrsF or £rtyrntry of a jtrdgtmnt enFarcing this 1Red c?f 'Frost tt: (ai Borrower paps I rredcr all sums whis:h wusrid
<br />bt then due urdcr this decd of True, fhc Note and rwFes se+:urmg future AdvarKCS. +f any. had no acceleration occurred:
<br />fh) gorruwer cuts all hresctics c+f any other cuvrnants ar agrectttents of Barruwcr cuntaitud :n than eked of Tryst;
<br />'c? $orrawex pays alt res.rrnahlc expenses trrrtured by [.ender atyti ~tYttstec +n enforcing the ,,~tsenants and agreements ai
<br />liorttnxrr axartairtrd in ttria toed nt Trost and in enfatring lsndrr's and Trustee's rrtruratres as proy:davi ,n paragraph !t
<br />heravyf, irtcArdirttF, list rue fimited to. reawnahk atturticy's fees, arts! Cd7 8arrc?wer takes such acinrrs as !ender root rrasunahly
<br />rrepnrr to asarrr that Ffw f+en of tAis 17~dril 'y! Tnnt_ 1 coder s irrtc7FSi :n the Property and Bcxrcnsrr's obhgati+Nr ro C+ap
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