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81--Q027?2 ~e-rerp~4~~
<br />81-- uc~280~
<br />9. CoademaaRoa. 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 ~rt thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Leader.
<br />In the event of a total taking of the Property, the proceeds sha}I be 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 Prc~t'erty, unless Borrower and Lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is ual 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 vafce of the Property immediately prier to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />Lf the Property is abandoned by Borrower, or if, after notice by i_ender to Borrower that the condemnor offers to make
<br />an award or setae a claim for damages, Borrower fails to respond to Lender within 3t) days after the date such notice is
<br />mailed, Lender rs authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Deed of Trost.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to priories! shag not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such imtallrnents.
<br />10. sennwer Not Released. Extension of the time for payment or modification of amortization of [he sums secured
<br />by this Deed of Trust granted by Lender to any strccessor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower ~ 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 [he sums
<br />secured by this Died of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />11..Forfiearance 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 tails or other liens or charges by !.ender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />12, Remedies Cumulative. All remedies provide,! in this Deed 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 be exercised concurrently, independently or
<br />successivelyy
<br />13. 9acceasors and Asa3gra Iburul; Jdnt acrd Several t.rability; Captiwrs. Tht covenants and agreements herein
<br />contained shall bind, and 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 rreernents of Borrower ;hall be joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience Doty and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notitt. Except for any notice required under applicable law to be given m 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 />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(b) any notice to Linder shall be given by certified mail, return receipt requested, to Lender's address stated herein or to
<br />strclt outer address as Lender may designate by nonce to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Horrower or Lender when givers in the manner designated herein.
<br />15. Uorferm Decd of Trtaq; GovernirrR Law; SevmbBtty. This form of deed of trust combines uniform covenants for
<br />national use and non-uniform rnvrnants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />In the even[ [hat an rovtsion or clause of this Deed of Trust or the Note conflicts with applicable law. such conflict shall
<br />not affect other this Deed of Trtut or the Note which can he given effect without the conflicting provision.
<br />and to this end the =1bp,,Deet1 of Trust and the Note are declared to be severable.
<br />16. IiorroweCs ~ Bo~rowet~ltailJre furnshed a conformed copy of [ire Note and of this Deed of Trust at the time
<br />of execution or °bareoL "-
<br />17. 'IYanafu of the - -~~~. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without L.ender's pn rwriltcp~mnseat, excluding (a) the creauon of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a ptirefrase~itoney security interest Eor household appliances, tc) a transfer by devise,
<br />dement or by operation of taw upon the ~ca1h of a jo,nt tenant or {d) the grant of ::ny liaschoid interest of three years or less
<br />no[ containing an option to purchase, Lender may, at i_ender i option, dalare alt the su,m sei:ured by this Deed of Trust to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, 1_ende
<br />and the person to whom [he Property is to be sold or transferred reach agreement in writing char the crctlit of such person
<br />is satisfactory to Lender oral that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall request. If Leader has waived the option to acceerate provided in thin p~ragrnph ) 7, and it Borrower's successor
<br />in interest has executed a written assumption agteemem accepted m writing by Lender, Linder shalt release Borrower from
<br />all obligations under this [)~ of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall root) Borrower native of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a portal of not less than 3U days from the date the notice +s mailed within
<br />which Borrower may pay the sums declared due. It Borrower faits ro pay such sums prior to trio expiration of such period,
<br />Lender may, without further notice or demand on Borrower, invoke any rerncdies permitted by paragraph 18 hereof.
<br />Non-UN/FOAM Cover,~nts. Borrower and Lender further covenant and agree as follows:
<br />I8. Acceleration; Remedies. Except as provided is paragaaph 17 hereof, upon Borrower's breach of say covenant or
<br />a~rtt~t ref eorrowu u ttss Deed of T^W, iaclndiaY the covenants to pay when doe any sums secured by this Deed
<br />af'frnA. Leader Pntx ro acceleration s6a(1 ma8 rtutirc to Borrowu as provided is paragraph f4 hueof specifying: {I) the
<br />breach; (2) the action required to cure such breach; (3) a date, nut lose than 30 days from the date the notice le mailed to
<br />lortowu, by wbic6 such breub mint be cured; and (4) that failure to care such breach oa or before the date spuifird
<br />is the notice may recut! is accdertstioii of the sums secured by this lked of Trust and sale of the Property. The notice
<br />shall further rt~orm Borrower of the debt to reiavYate after accekratioa and Iht r~6t [o bring a court action to assert
<br />tie non-eaiafepce of a default ur awy other defense of $orrower to acceleration aad sale, If the bteac6 is not cured
<br />on ur before flee date specified io the rwtice, Lender at Lender's option may deltaic al3 of the sows secured 6y this Deed
<br />of Trust to fie immediately dot and payable wtthom farther demand and may invoke the power of sale and soy other remedies
<br />permitted by applicable law. Lender shag be eotrded to collect a6 reasonable casts aa,d ettpemces incurred in pursuing the
<br />remedies provided h this pang:aph 18, iuclyd~, bra not limited to, rtasonahk attorney's fees,
<br />If the powu oI sale is invoked, Trustee shelf record a rioticc of default io each county io which tlK Property or some
<br />part thereof rs located acrd sha4 mart copies of such ratite in eke manner prescribed by abk law to Borrower sad to the
<br />othu permas prescribed by appt(cablt law. Attu eke Irpee of such rive as rosy be regby applicable laws Trustee shall
<br />glue puWc notice of sate b elm persons and in eke manner prescribed by applicable law. Trustee, without demand on
<br />iorrowu, shed! sell the Property al public auction !a the highest bidder at the live and place sad under the terms dettigoated
<br />is trio riotke of sale is one or more parcels grid is such order as Tncstce may d-termite, Trustee may postpone sale of aB
<br />Gee~r's~~ ~ tYe ~FertY b9' Public aanouaiceatrat at the time sad place o[ any preciously scheduled sale. Leoder or
<br />desiytee maq' parcliase the Property at soy sale.
<br />Upon receipt of pttyareat of the price bid. Trustee sbaB deliver to the pnrchaser'IYuslee's deed conveyrrig the Property
<br />so W: 'lit rcciUls to the Tradte's deed skaU fit prima tac(e evidtace of the truth of the statements made therein. 'I'r><stee
<br />~ apply the proceeds of tbt sale is /he fo(bw~order. (a) to all reasonable costs and expenses of the sale, including, but
<br />oat timlfed to, Tcttslee`s fees of Dot more rhos 5 `% of the gross sale price, reasonable attorney's fees and costs of
<br />{b) to ag sums secured by this Dted of Trost; sad (c) eke a:rocs, if say, to the person or persons legally entitled
<br />f~. !lorrawes`a Right to Rebutate. Nalwithstanding I.cnder's acceleration of the sums sccurid by this Decd of Trust.
<br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Decd of Tn,st d+scantmued sat
<br />arty lime Brier to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />in tbis_f)er~d of Trust at {ii) entry of a jtulgmtnt enforcing this Dced of Trust if: ta) Borrower pays Lender all soma which would
<br />be there dot under this Uated of Trust, the Nate and notes securing Future Advances, if any, had no accelerrtion occurred:
<br />(b) 8ornrwer cures all breaches of any other titvcnants or agreements of Fiorrawcr .:curtained in this Died od Tr u<f.
<br />(c) Harrower pays all reasonable ex nsis incurred 6y Linder and Tnrstte in enforcing the certnanis and agrcen,tnts +.f
<br />Bonovicr eixclatncd in Phis Deed at Trust. and in enfari:ing Lender's end Tructte's rrmcGixs as provided in f+aragraph ! ri
<br />hcrcat, i)rcluding, but not Iimitecl to, rcasanabk attprniy's fees; and fd) Bortvwer fakes Ouch s,errors as Lender may reasnni ttly
<br />squirt to assure that fete tkn oC this Decd of Treat. !.enders interrst rn thv PtotN-riy and [ixrowcrs ot=8gation to f,,v
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