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87- 102419
<br />by this teed 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 or 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 it
<br />claim for darnages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />&WY the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this feed 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 1 and 2 hereof or change the amount of such installments.
<br />It Borrow 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 made by the original Borrower
<br />and Borrower's successors In interest.
<br />11. Forbearance by Lsmder 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 />Iced of Trust.
<br />12, Rose" Cusnladve. 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 may be exercised concurrently, independently or successively.
<br />13. Saecesu rs and Assigns Board; Joint and Several Liability; Captions. 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. AB 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 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 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 />IS. Usi form Deed of Treat; Governing Law; Sevenbility. 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 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 an 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 execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest 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 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 transferred 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 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 tinder this Deed of Trust and
<br />the Note.
<br />If Lender exercises 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 remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19, Accekeation; Remedios. Except its provided In paragraph 17 hereof, upon borrower's breach of any covenant or agreement of
<br />Borrower In Urfa Deed of Trust, Including the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />spa spa notice to >torrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a
<br />date, not km than 30 days from the date of notice is mailed to Borrower, by which such breach meet be cured; and (4) that failure to cure such
<br />beach en or before the date specified in the notice may result In acceleration of the sums secured by this Deed of Trust and ask of the Property.
<br />The notice shag further Inform Borrower of the tight to reinstate after acceleration and the right to bring a court action to assert the non -
<br />ktdptuee of a defy sk or my other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified In the
<br />ttta 11m, Leader al Lacier'+opera may declare tag of the sums secured by this Deed of Trust to be Imrsediately due and payable without further
<br />demand rot/ may invoke the power of ask and may other remedies permitted by applicable caw. Lender shall be entitled To collect sal reasonable
<br />cold and expenses incurred In pursing the remedies provided in this paragraph 18, Including, but not limited to, reasonable attorney's fees.
<br />If the grower Of orals Is Invoked, Trustee shag record a notice of default in each county In which the Property or some part thereof Is located
<br />and ailing mrA toping of such nodee its the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />low. After the hapse of such tine a say be required by applicable low, Trustee shall give public notice of sale to the persons and In the manner
<br />prnsalbed by appYeshle caw. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and pines and mdse the Berms cis I led In the notice of ask in one or more parcels and Is such order as Trustee may determine. Trustee may
<br />froslpne mole of o6 or my ptttreel of the Property by public announcement ■I The time and place of any previously scheduled sale. Leader or
<br />Lerdw'a shad" MY ptt)rehone the Properly at any pie.
<br />L Upon tst rwOW of psyme of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying Ike Property sold. The recitals In
<br />the TrWast's deed nM be prise leek evidence of The truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />"ewag wdw: (a) to teal rasemahfe costa and expenses of the sale, Including, but not limited to, Trustee's fees of not more than _ 3 0:,,
<br />Of the groin oak prise, reasonable attorney's fees and costs of title evidence; (b) 10 all sums secured by ibis Deed of Trust; and (c) the excm. if
<br />-Y. to tiro penes or persons legally added thereto.
<br />Ba. Borrower's Right to Reestese, Notwithstanding Lender's acceleration M the sums secured by this Deed of - 1rntst, Harrower shall have
<br />the right to have any proceedings begun by Lender to enforce this teed of Trust discontinued at any lime prior to the earlier to osxur of It) the
<br />fifth day before the sak of the Property pursuant to the power of sale contained in this Deed of Trust or iii) enlry of it judgment enforcing this
<br />Decd of crust if: (a) Borrower pays Lender all sums which would he then due under this Deed of Iru,i, the Note and notes securing ferrule
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