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<br />$1._.ui-0682
<br />9. Cotatkmmtlbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation oc other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby asrtigned
<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 Deed of Tnnt,
<br />with the excess, if any, paid to Burrower. in the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there-shall be applied ro the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Ttvst 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-e, BotTttwer. ,
<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 authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property of to the sums soured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principatshall not extend
<br />or postpone the dtte date of the monthly instaNments referred to in paragraphs) and 2 hereof or change the amount of
<br />such installments.
<br />10. Harrower Not Rele~d. P_xtension 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 shall not operate to release, in any manner,
<br />the liability 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 Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />12. Forftearaoee by Lender Not a Waiver. Any forbearance 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 charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />I2 Remedies Cumulative. All remedies provided is this Decd of Trust are distinct and cumulative to any other right
<br />or remedy under this Died of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigns bound; Joiai 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 Boirower,
<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. Notlce. Except for any notice required under applicable law io be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Ttvst 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 [o 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 [his
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of [rust 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 shat( he governed by the law of the jurisdiction in which the Property is located.
<br />In the event [hat any provision or clause of this Deed of Truss or the Note conflicts with applicable law, such conflict shall
<br />rot 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 provisions of the Deed of Trust and the Note are declared to be severable.
<br />15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Notr_ and of this Deed of Trust at the time
<br />of execution or after recordation Hereof.
<br />17. Traasfer 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) thz creation of a lien or encumbrance subordinate to
<br />this Decd 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
<br />Lender may, aY 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 axelerate if, prior to the sale oY transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreement in wnUng 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 shalt request. If Linder has waived the option to accelerare provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assturtption agreement acczpted in writing by Lender. Lender shalt release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />[f Le[tder exercises such option to accelerate. Lender shall marl Borrower nonce of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than iU days From the date the notice is mailed within
<br />which Borrower may pay [he sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without farther notice or demand on Borrower, invoke an} remedies ~rmi[ted by paragraph I3 hereof.
<br />Noty-UwFOana Covn_N~r[rs. Borrower and Linder further covenant and agree as follows:
<br />lt6 Accekralfoat Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or
<br />asroewea~ of borrower is this Deed of Trust, including lire covenants to pay when due any sums secured by this Deed
<br />of Thad, Lender prior to accekratioa shag mail notice So Borrower as provided in prragraph 14 hereof specffyittg: (I) the
<br />b+'ea~ti; (2) Cite action required to cure such breach; {3) a date, not lets than 30 days from the date the notice is mailed to
<br />Earrower, by wldch sash breach must be cured; and (4j that failure to cure such breach on or before the date specified
<br />In tie entice may result in acceleration of the sums secured by this Dred of Trust and sale of the Property. The notice
<br />stab fattier inform Borrower of the right to reinstate after acceleration and the right to bring a rood action to assert
<br />tie rtort-exls/ence of a defauh 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 metier, Lender at Lender's option may deflate all of the sums secured by this Deed
<br />of Tract to be Imatedfately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permftied by applicable law. tinder shelf br entitled to collect all reawnable rosin and expenses incurred in pursuing the
<br />remedies provided in this paragraph tg, including, but not limited to, reasonable anonceg's fees.
<br />If tie power of sale is invoked, Trustee shag record a notice of default in each county in which the Properly or some
<br />part thereof is located and shelf mail copies of such notice in rite manner prescribed by applicable taw to Borrower and to the
<br />otter persons prescribed by apprlfcahle law. After the lapse of such time as may be reyuired by applicable law, 'tntslee shall
<br />glue pubBc ttotiee of sale to the persous earl in the meaner preuribed by applfcable law. Trustee, without derttaad oa
<br />berrowef, chub sell the Ptvperiy at public auction to fbe highest bidder of /he lime and place and under the terms designated
<br />br the notke of sah fa oue ar more parcels artd in such order as Trustee may defermioe. Tntstee may postpone safe of a01
<br />or nay. pgreef of the Property by public annouaeemeM at fhe Gme and place of any previously scheduled sale. Lender or
<br />fendats deti((nee may parcttaae ilte Preperty at any sale.
<br />Upon receip! of payment o€ the price bid, Trustee shall deliver to ihr p„rchmer Trustee`s deed conveying the Property
<br />sold. The recite is the Trustee's deed shalt be prima facie evidence of the truth of the slafemenls made therein. Trustee
<br />supply fhe proceeds of dhe sale in the foliowiP~ order: (a) to all reasonable costs and expenses of the sale, including, but
<br />s~f Badled to, Trustee's fees of rto! mare tbaa l,f G Of 1 "~ of the gross sale price, reasonable attorney's fees and costs o[
<br />tie evitkace; (Ill to all sums secured by this Deed of Trttst; and {c) the excess, if any, io the person or persons legally entitled
<br />(llarc~to,
<br />29. borrower's R~ht to Reinstate. Notwithstanding Lender's acceleration. ut nc~ sumo secured by this Deed of Trust.
<br />Burrower shill have the right to have any prcxeedings lxgun by Lender to cnforre this Deed of Tntst dist:ontinued at
<br />soy tiEne pritrr to tine earlier to occur of 4i) the fifth Jav hcfan: the sate of the Yropeny pursuant to the 1?owcr of sale contained
<br />in !)tic Deed of Trust ar Gi) entry of a judgment enturciug !his Dzed of Trust if: ta! Borrower pay. t ender ;ell sums which would
<br />be that due wxfzr this Ik:ed at 'f'rost, the Note and notes securing Future :~dvanccs, .f an}, had no acceleration ucrurrcd:
<br />(h) Borrcwcr cures all breaches of any other covenants or agreements of Borre~wer .ontained rn this Decd of Trust:
<br />(H Nurrowrr pays a#I reusouahie expenses inarrred h} Lender :,rid 'frustec in en(orcmg the covenants and agreements or
<br />Borrower' contained in this Lk`td e~f Teas[ and .n es[toreing Lender's anti Trusrec s renacdre as }~rwidzd in paragraph Rt
<br />lteraof. in;.audin}}, but ntyt limited Rr. tea=:.mabic atts>rne}'s fees. and id3 13orrawet s,rkes ,uch actnm ::, t ruder maF reuatnabl}
<br />regrtttr to a%attrc tl.at the lien of rhrn Dc~:d of frua- t.c-ndcx's rnicresl in tl,c Pw,lx ny :~ukl K1tI f.N ~4 ~a ~>hhg,u!„n r. pat
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