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8I--Q~2785
<br />4. Comlemnaiba. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking o[ the Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a tote! taking of the Property, the proceeds shall tee applied to the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Propel':', unless Borrower and Lender
<br />otherwise ague in writing, there shall tx applied to 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 Dee6 of Trust immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to 8+e date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />if tits Property is abandoned by Harrower, or if, after notice by fender 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 />mai)ed, Lender is authorized to collect and apply the proceeds, at gender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shat! test extend
<br />or prrstpone the due date of the monthly installments-referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such trrstalimeats.
<br />I@. Barrorver Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Ledder to and successor in interest of Barrawer shall not operate to release, in any manner.
<br />the liability of the original Borrower and Borrower's successors is 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 Harrower and Aorrower successors in interest.
<br />11. Forbearance by Lender Not s Waiver. Any forbearance by Leader in exercising any right or remedy hereunder, or
<br />otherwise aAorded by applicable law, shall not t>e a waiver of or preclude the exercise of any such right or remedy.
<br />The procuremrn[ of insurance or the payment of taxes or ether liens or charges by Lender shall not be a waiver of [_ender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. A^ remedies provided in this Decd 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 he exercised concurrently, indepmdrntly nr
<br />successivelyy.
<br />13. Suceeasors and Assigns Bound: JoMt and Several Liabliity; Capfiotss. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure to, ;he respective wecessars and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. Alf covenants and agreements of Rorrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Deed a( Trust are for cnavemence only and arc not to be used to
<br />intupret or define the provisions hereof.
<br />14. Notitt. Except for any notice regwred :order applicable law to .x given m another manner, ta) any notice to
<br />Rorrower provided for in [his Fked of Trust shall tx given by marling such native by certified mail addressed to Harrower a[
<br />the Property Address or at such other address as Borrower may designate by notice to 1_ender as provided herein, and
<br />fb) any notice to Leader shalt he given by cenifred mail, return receipt requested. to Lender's address stated herein or to
<br />such other address as Larder may designate by notice to Barrawer as pray+ded herein Any notice provided for in this
<br />[iced of Tttst shat! bs deetned to have trees given to Borrower nr Lender when given m the Wanner designated herein.
<br />IS. fiaBorm Geed of TrtssE: Governing I.aw: Severability. TTsss form of deed of trust combines uniform covenants for
<br />national use aruf non-uniform covenants wnh Lm+ted cananons hp Jurisdiction to constitute a uniform security instrument
<br />covering rest property'. This Deed of Trust .hail he goscrned b} the law of the junsdiction in which the Praperry is located.
<br />In the event that any provision or clause of th+s Deed .a Trust ar the Not€ conflicts with applicable law, such conflict shall
<br />not alien other ~awecons of tins Deed r,f Trust ar the 'vote which can he given effect without the canflitting provision,
<br />and to this end the provisums of the Decd at Frost and the -+atc arc ileciared to Fee sevetabk.
<br />Ib. BarrowePs t~qy. $ortower ,hall rk rumshed a ,;unformed copy of the Note and of this Deed of Trust at the time
<br />of extxWion or attu rerordatiott hetrei
<br />17, Transfer of the Psaperty; Arreumption. It all ,=ram part of the Property ur an interest therein is sold or transferred
<br />by Borrower without Lender`s prier written wnsrnt, excluding i a) the creaGan of a lien or encumbrance sulwrdinate 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 6y operation of law upon the death of a taint tenant or t d) the grant of any leasehold interest of three years or {ess
<br />not containing an option to purchase, Lender rna}, .+t lender's opuon, declare atf the sums secured Fy this Deed of Trust to Ix
<br />immediately due and payable. Lender shall here waived welt option to accelerate i f prior ro the sale or transfer, Ixnder
<br />and the person to whom the Property +s to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to LcrRfer and that tht mtsrest payable on the ,uma soured by this Detd a( Trust shall be at such rate as
<br />Lender shat! request. if gender has waivtd the opuon to acceerate provided in this paragraph ! 7, and if Horrower's successor
<br />m irrtetxst has executed a written assumptron agreement accepted in writing by Leader, Lender shall release Borrower from
<br />all obtigatrORS uttdtt this Deed of Trust and the ,lots.
<br />if fender exercises such option to accelerate. Lender shall mail Borrower nutice of acceeration m accordance with
<br />paragraph t4 hereof. Such notice shall prowde a period of not leas than 3U days Pram the date the notice is mailed within
<br />which Borrower taay pay the sums declared due. tf Barrusser fails to , ay ,uch sums prier ;r+ the expiration of such period.
<br />Leader may, without [usher naive or demand oa Borrower, ;nvoAe am remedies ptrmit[ed by paragraph IR hereof.
<br />NON-UNIFQRM COVENANTS. BOr(awCr and Lender further covenant and agree as follows.
<br />Ig. AccehrNioa; Remedies. Except ~ provided in paragraph 17 Aereot, uptsa Borrowers brcac6 of nay coveaae! or
<br />a@rcenreat of Borrower in the f)ced of Truer, iociuding the corsnaats to pay when due nay mass secure6 by this Deed
<br />•rf Trust, Lender prior to accekratioa shall rtrrril nutice to Borrower as provided is paragraph 14 hetxof speri~fyirrg: (I) the
<br />breach: f2) the action required to cure such breach; fJ) a dots, not !ess tin 3(- days tram the date the nutter is tnailsd to
<br />Borrower, by which such bread must br cured; earl (i) that failure to rnrr web br~~rh on or before the date specified
<br />is the nutice may resnh in acrekratioa of the wars secured b} this fTesd tit Trust and sale of the Property. The notice
<br />siaN fntther inform Borrower of tie right ro reiastale after irccekratioa and the rigtu to bring a court action to assert
<br />tbs twn-esisiense of a defanit or nay ofher dctense of Borrower to arrsteration and sate. It the breach is not cured
<br />tm or before the date yrccified in the notice, Lender at Lender s option may declare all of the sums secured by this Deed
<br />of Trust to tit inraaed4atdy due and payable witboW tnrther demand and may inrotte the power of sale and any other remedies
<br />piermitled by appiicahk bw, Ixnder shalt br entitled to collect all reasooabk costs acrd expenses incurred in pnrsuiag the
<br />remedies provided ~ this paragraph t@, iaduditq;., btM not limbed to, reasonab-s ai4oraey's fees.
<br />U tit power of sale is involted, Trustee straB record a notice of default io each county is which fhe Property or some
<br />part thereat ss located and shag mat? copies of sw•h rrotke is the manner prescribed b} applicabk law to Borrower and to 46e
<br />other persons prescribed by applicable taw. Ahsr the lapse of wrh time as may be required by applicable law, Trustee shall
<br />give pnb#c notice of salt to the persun- and in the mawtrer prescribed by applicabk law. Trustee, without demand on
<br />~orrawer, shag sell the Property at pubBc anrtioa to the highest bidder at the liars acrd place and under the terms designated
<br />in tit rtR#ice of sak in one or more parcek and in sneh order aU Trustee may daertaine. Trustee may postpom sale of ail
<br />or nay Irarcel of tic Property by pubBr anrrouocemem at the rims and place of nay previously scheduled sale. Lender or
<br />Lender's d may parcbrne tie Property at awy sate.
<br />Upoq~ of payment of tic price lid, T'rnstee shag tktirer to tie purchaser Trustee's dyed conveying tie Property
<br />sold. Tie in fie Trustee's deed shall be pritro facie evidence of the truck of tie stalermtrts mods therein. Truster
<br />simllttppdy! t4rr proceeds of fir sak in the feBorvf~ order: (a) to all rcasonabk costs sad rxpetrses of the sale, inrludiag, but
<br />ant Bptlfsd to, Tr~tee'x fees of not mots them _ .. _ I-. p _ _ _, A£ of the gross sale price, remsonabie attomsy`s fees and cosLS of
<br />t11etN; (b) to all sums stewed by t6h Deed of Tani; and (c) the excess, it nay, to the person os persons legally eothled
<br />l4. Borrower's AiglN to Reiaslats. Natwsthstanding Lender's acceleration id the sums secured b}' this Derd of Frost.
<br />Boirowsr shalt have tree right to hays any pracecdings begun icy lxnsier to enfsrrec this Deed of Trust discannnued at
<br />any time prior io the eariies to occur of (i) the fifth day before the sate of the Property pursuant to the pewee of sale contained
<br />in Otis Dssd of Trust err fit) entry of a judggmen! enforcing Ibis Lkcd of Trust if: Ia) Borrower pay; Lender atI sums whir:h would
<br />ha then dos neuter thin I7iesd of Tnist, the Nuts and notes securing Future Advances, tf any, hard na acceleration rxcurr€d:
<br />fb) Butrawet cures a)t 6roarttss v{ any rstlter cavenams or agreements of Borrower rantained in this Decd of Trust:
<br />fc) Borrrawsr pays ail reastuyabte expenses incurred by Ixtrder and Truster in enforcing the covenants and age€cmentx ,+f
<br />torrower contaitrsd itr this Drrd of Trust and in enforcing Lsndsr a and Trustee's remedies as pea+:ded +n paragr3{s;+ l t;
<br />hertxif, ittstuding, teat runt limited ter, reasonabts attornsy'i fsex; and fdt Batsowcr taksx ouch screen a3 Lender Wray reaksnal7ly.
<br />rsqurrs to assure that the lien rrt t)us I]erd of "Frost, l.endsr'x inrsteat a+ the Prupcrty and Baarmw:?r's ,zbtiganan to , a}
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