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"r- 101405
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<br />by this need of Tr,tst irnmerliately prig to the dare of taking hears te, the fair market value of rho Property immediately pTicr to Me ±ate ^f
<br />` taking, with the balance of the proceeds paid to Borrower.
<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
<br />claim for damages, Borrower fails to respond to Le ^,der within 34 days aFter the date such no ce is mailed, Lender is authorized to eclIca aad
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the runs secured by . his Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the monthly installments referred to in paragraphs ) 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 Borrower and
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums securest by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />IL Forbtearomm by Lender No(* Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded
<br />by applicable law, shall not be 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 he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by his
<br />Deed of Trust.
<br />12. Remedies Cumulative, All remedies provided in this Deed o' 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 be exercised cottc urrently. indep ntitnih or successively_
<br />4 , 13. Successors and ,issisns Bound: Joint and Several Liability. Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shalt inure to. Lhe respective successors and assigns of Lender and Borrower, subject to the provisions of ;paragraph 17
<br />hereof. Ail covenants and agreements of Borrower shall be joint and several. The c—Aiptiotts 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 by eof.
<br />14, Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for iv
<br />this Deed of Trust shall be given by mailing such notice by certif ed mail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (k1 any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such other address as Lender may designar_e by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Teed of Trust: Governing Law. Severability. This form of deed of toast combines uniform covenants for national use and'
<br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform security irt_strument covering real Prep et- This Deed of
<br />Trust shall be governed by the law of the itinsdtetior. in which the Property is Ickcated. In the event that any provision or clause of this Deed of
<br />'Trust or the 'Vote conflicts with applicable law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of tihe Diced of Trust and thr NOre are declares to be severable.
<br />M Borrowet'c Copy. Borrower shall be furroshed a conformed copy tint` the Note and of this Deed of Trot at the time of execs ion rV
<br />after rectxdauor, hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Properry or an i tcrcat therein is sold or transferred by Ber7ower
<br />W-tthou: Lender's prior written zonsent, excluding (a) the creation of alien err ertcurv-rance ubcrdmatc to this Deed of Trust, tb1 the creation of
<br />a purchase money security interest for household appliances, tcl a transfer hy, devise, de c nt or by operation of law upon the stead} of a loint
<br />tenant or idi the grant of any leasehold interest of three years or less not con =rung an option to purchase. Lender tray, at Lender's o �
<br />declare all ,he sums secured by this Deed of Trust to be immediately due and ;sayable. Lender shall ha,c waived such option to acceiraa'e s_
<br />prior to the sa e or transfer, Lender and the person to whom the Property is to be said of trains €erred reach agreement in writing that the c-cdit of
<br />s uh person is satisfactory to Lender and that the interest payable on the sums secured by • —its Bed of Trust shall be at such -ate a. Lender shelf
<br />reques *.. if Lender has waived the option to accelerate provided in this paragraph 1", and if Borrower's successor in interest as exe c to a
<br />written assumption a(trerncnt accepted in writing by Lender, Lender shalt release i3c>rrc} +°er from all obligations under this Deed of Ttxst and
<br />the %o e.
<br />If 1. ender e%ennle, ucb option to accelerate, Lender shall mail Borrower n,- t2 _ of accelcrat ion tr a.cordatice with paragraph 141 here o'.
<br />Such notice tha ?1 pre idc a peri od of not iess than 3.0 days from the date he notl r is mailed within which Berrovver may rsay the sums «tech_ -ed
<br />due. If Borrower ±ails .^ ray such sure, prior to the expiration of such periot!, Leader may. without turther notice ,rr demand on 8c?1 t -per,
<br />inv oke any retnedirs;%trmit.ed % paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further _,overwant and agree as ct!ows
<br />18. Acceleration: Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or agreeuxeat of
<br />Borrower in this deed of Trust, including the covenants to pay -ben due any wins secured by this heed of Trust, leader prior to acceleration
<br />tvhalf'nail notice to Borrower as provided in paragraph 14 hereof specifying- (I t the breach: t2J the action required to cure such breach: 01 a
<br />dale, not less than V days from the date of notice is mailed to Borrower, by which such breach most be cored; and t4J that faitnre to care sffi#
<br />breach on or before the date specified in the notice may result in acceleration of the sums secured by this ;Deed of Trust and sale of the Pry,
<br />The under shah further inform Borrower of the right to reiastale afar acceleration and the right to bring a coup action to assert the son»
<br />etbles" of a def ash of any other defense of Borrower to acederation and Sale. if the breach is am cured an or before the date spedfledlithe
<br />aolice. Leader at L.ender'% option may declare all of the sumo, seemed by this deed of Try to be immediately due and payable wtaoat further
<br />demand and may invoke the power of sate and any other remedies permitted by applicable law. lender shelf be entitled to collect W reasonable
<br />coaIts and expenses incurred in pursuits the remedies provided In ibis paragraph 18, including, bat not limited to, reasonable attonuey's fees.
<br />It the power of salt is involved, 'Trustee %ball record a notice of detauit in each county in w$kh the Property or some part thereof is located
<br />OW Ithdl mail copies of such notice in the manner prescribed by applicable aw to Borrower and to the other persons pr scribed by op
<br />pBaahle
<br />law. After the {apse of such time as may be required by apPBdbit law. Trustee shall give public notice of sale to the persons and in the manner
<br />ptescrbed by appBcabk tan. Trustee, eWithoul demand on Borrower, shalt sdl the Propetiy at public auction to the highest bidder at the rftsw
<br />tad piece aW under the terms designated in the notice of sale in one or more parcels and in such order as Trustee nny determine. Trustee may
<br />postpone safe of all or any parcel of the Property by public announcement at the time nod place of any previously scheduled seek. Lender or
<br />Leader's O'niflaar me) purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the putcba er 'trustee's deed conveying the Property scald. The tvritafs in
<br />the T'rustee's deed shall be prima facie evidence of the truth ttf the statements madr thrrcin. Trustee shall apply the proceeds of the sale in the
<br />following order: tag to a" reasonable costs and ecprases of the seek, including, but not limited to. 'nnlee,% fees of not more than
<br />of the gro" oak price- rest %vtnabir auortrey's fees and casts of Mir rvidrttcr: tbl to ail sumv *rcurrd by this 1ieM1 of 'I ru %t: and tot the rfte5f, it '
<br />lay, rte ihr person or bersarrk teanil3 entitled therew _-
<br />1µ Norruwer "% Right to Ret".1ole 1:,,tu irl,,, :,n,inslt i e €i.1rt � i,c. ,t r i4,.,n , t '+a.er at.:., O'l i� =t._, .teC,,
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