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87- 102304
<br />by thja Deed of Trust immediately prior to the data of taking bears to the fair market value of the Property immediate)
<br />taking, with the balance of the Proceeds PAW to Borrower. Pc Y Y prior to the date of
<br />If tbt 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 />"m for . Borrower fails to respond to Lander within 30 days after the date Such notice Is mailed, Lender Is authorized to collect and
<br />Apply the Proceeds' at Lender's option, ether to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Letrder and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of 1114 MOntAly lotalhaents referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />IlL No name Not Rahmaned, Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Lander to Soy successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Borrower's succmm 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 made by the original Borrower
<br />NW Borrower's succasora in interest.
<br />11, Feebtan w by Lanett Not a Brewer. 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 />"A of Trust.
<br />IL Raaatdlsa Comukdve, All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy tinder this
<br />Deed of Trust or afforded by law or equity, and maybe exercised concurrently, independently or successively.
<br />13' Satnaaors ad AniM Seem; joint NW Several IA&Wty; Gptlooa. The covenants and agreements herein contained shall bind, and
<br />the rights hereunda 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 catveniata only and are not to be used to interpret or define the provisions hereof.
<br />14. Nodoe, 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 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 mail, return receipt
<br />requested, to Larder'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 />IS. UuRoso Deed of Trot; Governing Law; Severability •Phis form of deed of trust combines uniform covenants for national use and
<br />non -uniform covtaums with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust Shy be governed by the law 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 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 the Dad 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 execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property pony or an interest therein is sold or transferred by Borrower
<br />prior written consent, "eluding (a) the creation of a lien or encumbrance subordinate to this Decd 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 Dad of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the seek 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 Pawn 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 Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exerdses such option to accelerate, Lender shall mail Borrower 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 the notice is mailed within which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remediz: permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Aoa{srafloo; Ross"=. Exeepq as provided In pangmph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borruwer Is this Dead of Tnap, Including the covenants to Puy when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />d" no notice to Borrower as MovHett in pormiteraph 14 bereot specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />ds*' ON lsaa than 30 days frees the data of so" is saline to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />bfgKb oO or before the tea spKMW in the notice any rewlt V acceleration or the lama secured by this Deed of Trust and sae of the Property,
<br />Tic WWioe slag hrllar moors am ON" of the rivet to relocate after acceleration and the right to bring a court action to assert the non -
<br />exiseeude of a "ohmm" or W other ddew of Borrower to acetdaatlon nod ask. If the breach is not cured on or before the date specified
<br />�' I.aOdae M Madar's °Fold Omy dbelm t4 of the soot secured by this Deed of Trot to be Immediate) due and thout f io the
<br />daoaOd Sled tray Inoha die Mwtr of are and Y Payable without surlier
<br />any other reaMd{ca permitted by Applicable law. Lender shall he entitled to collect alq reasonable
<br />cas4 aN upM hsewtad in gesses"Ohnig the reaaoYss PravMW lu Ibis prsgnph lg, gacgadimel, but not Bndled to, reasonable attorney's fees.
<br />If tiht powW of rare Y b „o ff+ Tom” Word a aotice of def@Wt in each county lo which The Property or some part thereof is located
<br />and aid salt too" of tanthe MAN is the MsaN Proscribed by applicable haw to Borrower and to the other persons prescribed by applicable
<br />law, Anse den IMPS of mreh UM o OW be fga4o/ by apPYcahk law. Trustee shall give public notice of sale to the
<br />grsaa1 61 1 by appoe t law- royt. wit demand - Borrower, shag NU The Property � persons and io the manner
<br />and � and M/R � �� at public auction to the highest bidder H the time
<br />dtsipaMi in the Oede, of tale is one or MOM parcels and In such order us Trustee may determine. Trustee may
<br />MafMOa sae of IN or my Para of the lropaty by p%Mk "Mug cemeat at the time and
<br />tadoes M�a � preiaae lie Icy a any use. ptace of any previously scheduled sale. Lender or
<br />L UMW roktdpl of psO's� of Me prier bid, TrO W aW delver to the purchaser Trustee's deed conveying The Property sold. The recitals in
<br />tiro 7rolat's dead she be MIOm fact, krldtOrt of the troth of the statements sack therein. Trustee shall apply the proceeds of the sale in the
<br />falowlOg osdsrt W so M ra - '' eosls sad ex#sussa of the seek, includitag, but not limited to. Trustee's fees of not more than S _ W,
<br />Of 6e grass Mir Mice, rsaaoOaiM Mee 0"'s few and costs of title evidence; (b) to ON some secured by this herd of Trust; and (rl the excess, if
<br />say, N shr [rant° ale Pwwm Mph' tOtititd 111asto.
<br />19. 30 °mm's Right Is RttOaaM. Notwithstanding Lender's acceleration of the sums secured I +v tau Dev t of Tr u.i. !a „rmu cr ,hall hale
<br />the right to have any Proceedings begun by Lender to enforce this Deed of Irust disc•ontimred at env tun, pr nr in fire earlier m , car rat I.t rlu
<br />fifth day before tat ink of the Property pursuant to the power of sale contained in this teed ref 1 rust of 1,11 entt, r,f a mdxmcnr cni,nnag ,it,,
<br />Deal of That if: (a) Borrower pays Lender all sums which would he then due under !Inc Iket1 ul l"tio. the Nrnc ;,,,,i nnrr, .n ,;rang I w,ov
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