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87, 101,922
<br />by this Deed 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 />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 Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Lender's option, either to restoration or repair of the 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 shall not extend or postpone the due
<br />date of the monthly installments referred to in paragraphs I 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 secured by this Deed of Trust by reason of any demand trade by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by leader Not a 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 be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Decd of?nhst.
<br />12. Remedies Cumulative. All remedies provided in this Deed 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 maybe exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several liability: Captiom. The covenants and agreements herein contained shall bind. and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph )'
<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.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by certified [pail 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 (b) 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 designate 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 Deed of Trust; Governing Law; Severability. This form of deed of must combines uniform covenants for national use and
<br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the jurisdiction in which the Property is foated. in the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law. such conflict shall not affect otter 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 the Deed of Truest and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed cops of the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17, Transfer of the Property; Assumption. If all or any part of the Property or an :merest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the • reasaor, of
<br />a purchase money security interest for household appliances. (c) a rans'e•. ty dev'vse. descent or t'y operation of law upon the death of a Joint
<br />tenant or (d) the grant of any leasehold interest of three vews or less nor :onExtung ar..VUM to purchase. Lender may, at Lender's won.
<br />declare all the sums secured by this Deed of Trust to be immed atch due and payable. Lender shall have waived such option to accelerme if.
<br />prior to the sale or transfer. Lender and the person to whom the Proper[ is to be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfacton to Lender and that the interes t payable art the sums secured by the Deed of Trust shall beat such rate as Leatder shall
<br />request. If Lender has waved the option to accelerate provided ,n this paragraph t', and if Borrower's successor in interest has extic a
<br />written assumption agreement accepted to writing by Lender. Lender shall re?easr Bo -To—cr from all obligations under this Deed of T:ust and
<br />the Note.
<br />If Lender exe can such option to accelerate. Leader chall mail P. mower notice e° acceleration in accordance with paragraph 14 :erect_
<br />Such notice shall provide a period of not less than 30 days from the .late :he poucc is rna.:;cd wslMn which Borrower may pay ,he sums deciare#
<br />due- if Borrower fails to pay such sums prior 71 the expiration o, -.:ch period. Linder rnay. w- =bout further notice or demand on B%_ %! owtr,
<br />invoke any rem: Sits permitted by paragraph 19 hereet.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Acceleration; Remedies. Except as provided In paragraph 17 hereof. upon Borrower's breach of Rory covesan Of agrees of
<br />Bu_renwer in this Deed of Trust- including the covenants to pay when due ny seems seemed by this Deed of Trust. Leader prior to so celerefice
<br />shall quit notice to Borrower its provided in paragraph 14 hereof specifying: t l) the breach: l2) the action required to cure such breach; t3I a
<br />date, not less than 30 days from the date of notice is malled to Borrower. by wbich such breach must be cared: and (4) that fallen to cart such
<br />breech on or before the date specified in the notice may result In acceleration of the saw secured by this Deed of Trust and sale of the Property_
<br />The notice sbafl furtber inform Borrower of the right to rdmtate after acceleration wait the right to bring a court action to assert the anu-
<br />eabt:are of a default or any otber defense of Borrower to acceleration and sale. if the breach is not cared on Gr before the date specified is she
<br />notice, leader at Leader's option may declare all of the sums secured by this Deed of Treat to be immediately due and payable without further
<br />demand stsd may invoice the power of sale and any other remedies permitted by appBcable taw. Leader shall be eadded to collect all reasatnbie
<br />costs turd exyeeseis incurred in pursuing the remedies provided to this paragraph 18, including, but not limited to, treasonable snoruey's fees.
<br />It the power of seek is invoked, Trustee shall record a notice of default in each county in wbkb the Property or some pan thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by app1nble
<br />isw. After the tepee of such time as may be required by appitcable law, Trustee wait give public notice of safe to the Pew so= and 19
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the bigbest bidder at the the
<br />end place and under the terms designated In the notice of ask is one or more parcels and In such order as Trustee my determfae. Trustee tttav
<br />poulpner sale of all or any parcel of the Property by public announcement at the time and place of any previossly scheduled sale- lender or
<br />Leader's designee may purchase the Property at any sale.
<br />Upon receipt of psymest of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Tracer's dead ,Mali be prima facie evidence of the truth of the statements made therein. Trustee si" apply the proceeds of the sale in the
<br />fgifowtag order: tee) to all reasonable costs and expenses of the ask, Including, but not limited to. Trustee's fees of cot more than
<br />r .tzar "!dnmm rem -o -11 .«ore tared by this Lived of Tract: and ic) the excess. if -
<br />t» The i� sa:e price, .vvonuaR .t:vrsc }'s :� - t. �:s o. _._ - - -- ---- _ .
<br />any, to the p•r•on or per-as k2apy entitled thereto, t
<br />14 Borrower's Right to Reinstate. Nlrrtwithstavdrng I ender's acceleration of the vums secured by this taexd of Trust, Ek,rrowet chali �a,c
<br />the r,%hT r.. 1.a , .11, 1-- rrdli19, ht'gua he I ender 't, curl nr,r Its, Utt'vJ ,I I ni,:.l -. a umwd at Hm [rare [Brun t,, the earlier to "('cur it Ire the � -
<br />fitrh Jas t.VI -1'hr =4ie ..i rlvr Pr..,perh ;mt,uenl'o the p..,wer ,! sale .antamcd ;n III,, turd r! 1 n.,., , .• , -.r,. ,•t : .Jd T,„r•I Cnt.,i,'", - -,
<br />-4 1 - -r oar li.arrsoi i,tw- t nutter a�'. wni wh:.h .. nuid h, :t , .w m,ler Iiu I)rr,I „i )' r •hr ti.•rc - .J rl _, 'C' -a; -Ito ! err
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