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<br />87- 101425
<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 />.c4'ng- t':t..c hY.' :.^.cc of the proceeds paid to Borrox-cr.
<br />hf 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 />i apply the pr, ^eds, at herder's option, eithe, to resto,ation or repair of the Property Or to the sums secured by this Deed of Trust.
<br />1 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 shalt 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 made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by tender 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
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<br />Deed of Trust.
<br />1I, Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulctive to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captious. 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 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 />arc 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 fer in
<br />this Deed of Trust shall be given by mailing such notice by certified 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 (b) any notice to Lender shall be given by certified mad, rettmt 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; Severabt11ty. This form of deed of trust 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 taw of the jurisdiction in which the Property is located. 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 ether 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 Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execunen or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption, if all or any pan of the Propety or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a i the creation of a lien or encumbrance subor dinate to this Deed of Trust. (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's Option,
<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,
<br />prior to the sale or transfer. Lender and the person to whom the Property is to be sold or namferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph I7, and if Borrower's successor in interest has execW.ed a
<br />written assumption agreement accepted in writing by Lender. fender shall release Borrower from.. all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail &-i-rower notice of acceleration in accordance with paragraph 14 hereof-
<br />Such notice shall provide a period of not less than 30 days from the date :.he notice is mailed within which Borrower may pay the sums ieciared
<br />due. If Borrows faits to pay such sums prior to the expiration of such period, Lender Wray, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows_
<br />Ill- Acceleration; Remedies. Except as provided its pa,sgtaph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />iffier in this Deed of Trust. including the covenants to pas when due any sums secured by this Deed of Trust. Leader prior to sceeierstlna
<br />shall mad notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to tare such breach; 43) a
<br />daft, not less than 30 days from the date of notice is mailed to Borrower, by which such breach nrsat be cared; and (4) that fail"" to care sash
<br />breach on or before the date specified in the notice may remit in acceleration of the sums secured by thin Deed of Trust and ask of the Property.
<br />The notice &ball further inform Borrower of the right to reinstate after areicingdon and the right to bring a court action to assert the nou-
<br />extdeme of a defauk or any other defense of Borrower to acceleration fuel ask. If the breach is ant tared on or before the date specified in the
<br />notice, Leader at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand aatd may invoke the Power of sale and any other remedies permitted by applicable haw. Leader shat! be entitled to collect all reasonable
<br />costs and expenses incurred in pursuing the remedies provided In this paragraph 13, including, but not limited to. reasonable attorney's fed.
<br />If the power of sale is invoked, Trustee shall record a notice of defaalt in each county in which the Property or some put thereof is located
<br />and &hail matt copies of such notice in the manarx nrdorihed by —Ji h>< a.— .e a
<br />- -�-- -- ... —:— — — — F.—
<br />law. After the lapse of such time as may be required by applicable law, Trustee shag yr blic notice of ask to the
<br />� Pis persons and in the manner
<br />Prperibed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />Mad plate and under the terms designated in the unlike of sale in one or more parcels and in such order as Trustee may determine. Trustee essay
<br />postpone sde of all or may parcel of the Property by public saaoaocenaeat at the time and
<br />Leader's der may purchase the P Macs of uy previously scheduled sane. Leader or
<br />►oPerty at any sale.
<br />Upon fee of Payment of the price bid. Trustee shall deliver to the purchaser "Trustee's deed conveying the Property sold. The recitals in
<br />Lthe Trwfee's decd shall be prince facie evidence of the truth of the statements made tbereia. Trustee shall apply, the proceeds of the sale in the
<br />following ofda- cal to 1111 reasonable costs and expenses of the sak, including, but not limited to, Trusk*'s €eel of not more than
<br />of the Von ask price. reasonable attorney's Errs sad costs of title evidence; (b) to all soon ierared by this Heed of Trust; and (e) the extra, if
<br />any. to the person irc Persons letallY entitled thereto.
<br />19. Worower's Righl to Reinstate. Nntwtthstandiny. Lender:'; err, crier auor of the s,um soured tic ;h„ ikti11 „} Furl. J1111 11 shalt hake
<br />the rah, t„ talc unl r,,.x retfings twitwi ht 1 ender r„ rill." r ih +s Ikrd c,I trail tiis„+nt.oued al ., s nm� ;,...,r the hc, +t .K,,,- -i
<br />ti.'th rla} Fx P.,v rte salt .,f the F'r,pcn, ;urn.. rent 1„ ibe Ix,wcr .,t salt ,ntnin�cl . :� C;te I1cni .,! u.t _u rtt, crnn
<br />IkrO ,4 blots • ta, n.,u.,wer p -- 1 rt,der ell aims v.hrct —1,10 `,i ;her .1.,. :rr.l 'fi ;ter,; n . ....r
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