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r~~-- 3atj~593~
<br />4. Catieraeasit+s. The proceeds of any award or claim {or damages. direct nr cotaequrntial, in connttiionwith any
<br />condemnation or ocher taking of the Property, or part therrnf, or for conveyance in lieu of condemnation, are hereby assigned
<br />aced shall be paid to Lender.
<br />In the event of a torsi taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust.
<br />with the exrxas, if any, paid to Borrower. In the evrnt of a partial taking of the Property, unless eorcower and Lender
<br />otherwise epee in writing, there shall be applied to the sums sttured by this Deed of Trust such proportion of the procceds
<br />as is equal to that proportion which ibe 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 />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that ilia condemnor offers to make
<br />an sward or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lrndtt is authorized to collect and apply the proceeds. at Lender's option, zither to restoration or repair of [he
<br />Property oc to the sums secured by this Deed of Trust.
<br />[Inks lender and Borrower otherwise agree in writing, am• sash application of proceeds to principal shad not extend
<br />or postpone the due date of tht .monthly installments referred io in paragraphs I and 2 hereof or change the amount of
<br />s rrtstallments.
<br />1!. Barrawer Not Rekared. Extension of the time for payment or modification of amortization cf the sums secured
<br />by this Deal of Trust granted by Lender to any successor in interest n£ Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrowers successors in interest. Lender shall not be required to commence
<br />procroedigp against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by tbis Deed of Trust by reason of any de•nand made by the original Aorrower and Aorrower's successors in interest.
<br />11. porltaramee b Leetler Not a Waiver. Any forbearance by Lender m txercising any right or remedy hereunder, or
<br />otherwist afforded by applicable law, shall not be a waiver of or preclude the exercise of any such tight or remedy-
<br />The procurement of iaarrattce or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to aocefente cite maturity' of the indeMedness secured by this Deed of Trust.
<br />12. RettaerYes Cissalalhe. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by ;aw or equity, :md may be exercised concurrently, independently or
<br />successivelyy
<br />13. S~eee~ors and Astipsa Bound; Joint artd Serest [.lability; Captions. The covenants and agreements herein
<br />contained shall bind, and [he rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower.
<br />subjeM to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several.
<br />The captions at[d headings of the paragraphs of this Deed of "trust are for convenience only and are not to be used to
<br />inttrpret or d,:f3tu the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to
<br />Borrower provided for in this Dad of Trust shall he given by mailing such notice by certified mail addreued to Borrower at
<br />the Property Address or at such other address as Borrower may designate by nonce to 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 this
<br />Deed of Trttst shall be deemed to have been given to Borrower or Lender when given in tht manner designated herein.
<br />1S. I)eNrrrmt Did of Try; Gare:nfng Law; SererabUity. This form of deed of trust combistcs 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 shall be governed by the law of the jurisdiction in which the Property is located.
<br />In the event chat any provision or clause of this Ueed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other provisions of this Dyed of Trust or the Note which can he given eKect without the conflicting provision,
<br />and [o this end the provfsioms of the Deed of Trust and the Nore are declared to be severable.
<br />li: Barmvver's Copy!. Borrower shall be furnished a conformed copy of the Note and of this Detd of Trust al the time
<br />of execution or afar recordation hereof.
<br />17~ 'I'rarefer of the Property; Assmmptlea. 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) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (b) the creation of a purchase money secunty interest for household appliances, ic) a transfer by devise.
<br />descent or by operation of law upon [he death of a joint tensor or (d) the grant ul any leasehold interest of three years or less
<br />not containingg an option to purchase, Lender may, at Lender's option, declare till the sums secured 6y this Deed of Trust to he
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />acrd the person to whom the Property is to be sold or transferred reach agreement in canting 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 shag request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shill release Borrower from
<br />all ohU@atcarts udder this Deed of Trust and the Note.
<br />I[ L,endec exercises such option to acxleratz, i,ender shall mail Borrower notice of acceleration in accordancz with
<br />paragraph i4 hereof. Strch notir.-e shat) provide a period of nut less than 30 days tram the date the notice is mailed within
<br />which Borrower may pay the sums dttlaral doz. if Borrower fads w pay such sums prior to the expiration o[ such period,
<br />Lender may, without further notice or demand tin Borrower, invoke any remedies permitted by paragraph i g hereof.
<br />Norr-Ur+truas+ yovENeNrs. Borrower and lender further covenant and agree as follows:
<br />1& AeeetaiWiae; Remedies, iixcept as provided in Prua6r~ 33 ~~f+ upon Borrower's breach of any coveatsat or
<br />ag t of Borrower in Ibfa Decd of TrtW, including the covrnagla to pay whop doe any scams secured Dy ebb Deed
<br />of Mf.antkr pries to areclerafan s~f! r~Y rwrice to BwrowEr za provids~ in paragraph I4 hercoi specifyfag; Ef) tirt
<br />breaeb; E3) the aeries rc~ttirxd tin east streh breach; (3) a date, rte! feint thaw 3o days from the date the notice b maFkd fe
<br />Borrower, by whkh such 6reacM mew be cured; sad (4) that taBwe to rare such breach on or before the dale speciled
<br />in the entice troy result im accekntba of tht cams secured by Ihb Deed of Trust and sale of the Property. 't'he nollke
<br />shtW farther inform Borrower of the right to reinstate after acceleration acrd the right to bring a court actors to assert
<br />the non-eirWencc of a defmk or any other defetrsr of Borrower to aer.~ekrslioa and sale. If the brcacA b not cored
<br />on or before the die sprxiltd in the tw[ke, tinder st Lender's optan may declare all of the sums secured by fhb Deed
<br />of Trust to be fmmedialely due and payable without further demand and may invoke the power of sale and any other remedies
<br />pertmllted by appUcabk law. bender shall be entitled to collect all reasonable rests and expenses incurred in pursuing the
<br />rcrttedks provided in this paragraph 1g, including, bat nW Ilmircd tu, rrasotwttk agoroey's fetx.
<br />It the power of sale b invoked, Trustee shall record a notice of default in each county in whkh the Property or some
<br />part thereof b located aqd shall mail copies of such notke in the manner prescribed by appticabk law to Borrower and to the
<br />olhsr pertwm prescribed by appUcahk caw. Alter the lapse of such time ss ntay be reyttired by appUcaDle law, 1'rtsster shall
<br />!g ve pubUc notke of sale to the persons and in the magnxr prescribed by appUcabk law. 1'ruslee, without deatand on
<br />Borrower, shrill sell the Property at public auction to the highest bidder at the lute and place and under the terms designated
<br />iq Ilia nWke of sale is oeo or more pacceb and in such order as Trustee may determine. Trustee may postpone sale of all
<br />Lcgderparcel of the Property by puWk amnounremenl al the Urue and piece of arty prerfottsly xhedtded sale. 1 ender or
<br />dadgaee may purchase rho Property at any sale.
<br />Upon receipt of paymtml mf Ibe price bid, Trustee shall tkUver to the purchaser Trustee s deed conveying the Property
<br />sold. The recitals to the Trustee's deed shall be prints tack evidrnce of the truth of ilia sttlemenls made therein. Trwtee
<br />shall apply the proceeds of the sale is the Polbwitg order: ta) to all reasonable costs and expetses of the sale, including, but
<br />not I{tmlted to, Trustee's Zees of not more Ihaa.l.! '.~ of the gross sale price, reasonable attorney's fens and casts of
<br />tUie evldeaee; (b) to all-sums secured by this iuf 'Trttsi; and (c) the excess, if any, to the perwrr or pcnwms legrdfy entitled
<br />tki~a
<br />14. Borrower's Rgldl to Reimslate. Notwithstanding L.ender's acceleration of thr gums secured lay this Ueed uI' lYust,
<br />Boaower shall have the riglrt tit have an} pr+xecdings t+egun by Linder to rnforce This t>Ned of '1'ru.+t disr,nurmted ai
<br />any time prier to the ~rlier to occur of (i) the fifth day txfure [he salt of thr F'toix:rty pareu:uV to the ~twer of sale contained
<br />in this Decd of Trust or (ii) entryy of a judggment cuforciog this Deed of Trust if: ta) Burrower pays Lender till sums which would
<br />Ire then due under this Deed oC Tnis1, the Note and notes srcurmg Future Advances, if any, ha.l no accelerukm o+rurred.
<br />(b) Bixntwer carts all breaches tit any other etavenants ur agreements of finrrower contained in this [)rrsl ,tF Trust,
<br />(c) Barrowcr }rags all reasur:ahle e~pcnsrs coati red t+y Lender and 'TYus;ec in rnfrn'cutg ;he covrnants and agreements of
<br />Sot rower contained in this Derd of 'bras! and m cN'orang Lender'+ and lTuslec's rrmcdies as pn?vidrd tit paragrrpS i
<br />}terea~f, ii>•;ludtng, hen trot limited to, reasonablr attorney's foci: and (d) Borrower takes etch action ;rs Lender may rrasonehi}-
<br />require 1, assure that the hrn of this Lked of '('ru.1. Lender'. locates in the I'ruixri} :mil Bormwrr's ohlig:uiun t,~ pav
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