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<br />RE- RECORDED
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<br />by this Deer; of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
<br />ski. ^.e, with the bs.'anec of :he proceeds paid to 9arrau'cr.
<br />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
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<br />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Lender', option, either to restoration or repair of the Prepmy 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 sh,111 not extend or postpone the due -
<br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Harrower and
<br />Borrower's successors in interest. Lender shalt not be required to commence proceedings against such successor or refuse to extend tome for ,
<br />payment or otherwise modify amortization of tlic sums secured by this Decd of Trust by reason of any demand made by the original Borrower
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<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Not n Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or Otherwise afforded
<br />by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's tight to accelerate the maturity of the indebtedness secured by this :'
<br />Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Dee,' of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may beexcruwd con.urremly, independently or successively.
<br />13. Successors and Assigns Bound; Joint sod Several Llabtllty; Captloos. The covenants and agreements herein contained shaft hind, and
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<br />the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof,
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<br />14. Notice. Except for any notice required tinder applicable law to be given in another manner, ta) any notice to Borrower provided for in
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<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to nor rower at the Property Address or at Stich other address
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<br />as Borrower may designate by notice to Lender as provided herein, and tbl any notice to lender shall be given by certified mail, return receipt
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<br />requested, to Lender's address stated berein or to such other address as Lenc%r may designate by notice to Borrower as provided herein. Any,
<br />notice provided for in this Deed of Trusi shall be deemed to have been given to Borrower or Lender when given in the manner designated herein-'
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<br />14, Uniform Deed of Trust; governing Law: Severability. This form of dad of trust combines uniform covenants for national use anti
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<br />non- uniform covenants with limited variations by jurisdiction to con_vtitute a uniform scurry instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the jurisdiction in which the Property is located. fn the event that, any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, such conflict shall sot affect other provisions of this reed of Trust or the Note w=hich be
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<br />given effect without the conflicting provision. and to this end the provisions of the Deed of Trusf and the Note are declared to be scvvrabs.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the 'lore and of this Deed of Trust at the time of exsctt=ttvrt X,
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<br />after recordation hereof.
<br />17. Transfer of the Pro Piero; Assumption. if all or any part of the P aperty or an interest therein is sold or transferred by Borrower
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<br />without Lender's prior written consent, excluding tai the creation of a lien or encumbrance subordinate to this Deed of Trt st. (b) thecreation of
<br />a purchase money se unity interest, for heir---hold appliances. (cl a transfer by devise; des, , or by operation of law upon the death of a iomt
<br />tenant or (d) the grant of any leasehold ,merest of three years or less ncn contammg an option to purchase. Lender mac. at Lender's ypor
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<br />declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if
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<br />prior t? the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of-
<br />such person is sansfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall beat such rate as Lender shag
<br />request. If Lender has waived the option to aCYteraie provided in this paragraph I-F. and if BorrowCf's suc esso, r to inter e5i has executed a
<br />!written assumption ag semen a:cepted in writing by Lender. Lender .'tali release Bor-rcOver from al: obligations under this Deed of Trost and
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<br />If Lender exercis" .tick option to acceiraie. Lender shall ;hail Horr *er. n5 rice of accek atic in acCaidanrY with paragraph . .i ii:_
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<br />Such nottCt shall provide a per.od i7 not less than 3-1 day's f. om the date t.,., ss raze— n marled wiur«'n wht..h Borrower may pay rite Shell$ declared
<br />',. due. 11 Borrower fails to pit) cuclt sums prior io the expiration of such period, Leader rnav, without (unher notice or demand On Bor- towel,. - -
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<br />-- invoke ant, rem --diet •c*r.itaed ^v para„tra f .?i }tare!},_
<br />M_).N _NIF ?Rv,1 C0`s FNANTS. Borrower and Lender iur.her ColCrianj a:nd agreeas iotiow$:
<br />M Acaierstion; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of sav coveaaat or agreement of
<br />Borrower in this Heed of Trust, including the covenants to pay when due any sums steered by this Deed of Tract, Leader prior, to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 bereof specifying: (1) the breach: t21f the action required to cure such breach; iii a
<br />dale, not teas than 30 days from the date of notice is ioailed to Borrower, by which such breach mint be tared: find (4) that failure to cure such
<br />breach on or before the date specified in the notice may result in acceleration of the sutras secured by dth Deed of Trost and use of the Property.
<br />The notice shag further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the noes-
<br />existence of a default or any other defense of Borrower to acceleration sod sae. If the breach its not cured o0 or before the date specified in the
<br />notice, Leader it Lender's option soy declare all of the sums secured by this Deed of Trust to be immediately due and payable without farther
<br />demand and may invoke the power of sale and say other remedies permitted by applicable Taw. Leader shun be eadtled to collect an reasonable
<br />,costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but net limited to, reasonable attorrtev's fees. - -
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<br />If the -
<br />- - power of sae is iotso @led. Trustee shag reeled a aotiax of clef :ell in each comity in +rhich the Properh or some pan thereof is located
<br />and sbali man copies of %ach notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
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<br />law. After the lapse of sued time as may be required by zPalimbe law. Trustee shall give public notice of side to the persons and In the manner
<br />prescribed by applikablr law. T rustee, without demand on Borrower, shag sell the Property at public auction to the highest bidder of the time
<br />A" Platt and under the terms designated In the notice of sale in one or more parcels said In such order as Trustee may deterwar. Trustee may
<br />postpone see of all or any parts of the Property by public announcement at the time end Plan of Buy previously scheduled sale. lender or
<br />Leader's designer may purchase the Property at any sae.
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<br />I `Pon receipt of paymenf of the price bid, Trustee shall deliver to for purchaser frustee'v deed conseving the Property sold. The rev u .a
<br />the Trundle's deed thail be prima fait evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />-following
<br />order: Isl to Al reasonable costs and eipensrs of thtr lair, including, but not limited to. 1'rustee's firs of not more than .0,
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<br />- of the groin Bair prk^e, reasonable attorney's tees Bud costs of title cvidtnty; chi ru sit sates secured bi this Deed of Trust; and iri the recess, it
<br />-ltny, to the Peryan or Pervens legalir enilded thereto - -
<br />19 Poirrowrt s Right tar Reinstate_. 't... i air: t 3 i} 1 t 1 i n r,nit r rt Til 1"I' r. 3:, >WV do tore i ,• I - - }t,,,
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