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87r_ 103085
<br />by this Aced of Trust immediatdy 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 Prop" 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 Be Pte, et Lender's option, either to restoration or repair of the Property or to the sums secured by this peed 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 />1111, 90 slow NO Udeaed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Leader 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 succusm 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 />IL Forbearem 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 of charges by Lender shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12- CONOI*dve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of'i'ruaf or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Sttmmmoma (sad Assigns Bored; ]Me ad s 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. Ali 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 />N, 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 [.ender 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. Uaiform Deed tai Trot; Governing L,aw; Sevttrabigty. This form of deed of or
<br />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 Noe 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 Dead of Trust and the Note are declared to be severable.
<br />14. Borrower's CM. Borrower shall to 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. TraaNer of the Property; Asmmpao®. If all or anv part of the Property or an interest therein is sold or trdrtsferred ',y Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien err encumbrance subordinate to [his Liced of Trust, (b) the creatior; 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 riot containing an option to purchase. I ender (nay, 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 />Prim to the sale or transfer, Lender and the person ro whom the Prnprrty is to be sold or transferred reach agreement in writing that the credit of
<br />inch Peru is satisfactory to Leader and that the interest payable on the stuns 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 sssunMxxm agreenwat accepted in writing by Lender, Lender shall release Borrower from all ohli
<br />the Nott gations under this famed of Trust and
<br />If Lander exercises such option to mreierate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall pxovft c a Pend of not less than 30 da ys from the date the notice is mailed within which Borrower may pay the sums declared
<br />der. 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 />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
<br />19. A .. Remetila. Exta}t a provided to paragraph 17 hereof. mpon (Borrower's breach of any coveaaa! or
<br />90 ON" M Ob Dead of Tuba. sgrrrtlerat u/
<br />the covenants to pay when due say suit secured by this peed of Trust, l.redtr prior to aeerirratioo
<br />sW am" redoe N Borrower as provided is paragraph 14 hereof specifying, (1) the breach; (21 the action r"uirtd to care such breach; (3) a
<br />ON ks them 30 days from at tits* of good" is stated to Borrower, by which such breach must be cored; and (4) that faBore to core such
<br />home ON or iefore tie dale spedflaa M The metk-e may result In acceleration of the sums secured by this peed of Trent and uk of the Property.
<br />The ratias dW farrier halorra Rorrnwer of the right to reinstate after a,rekradon rued the rat to Drlag a wort solo® to aeatrt the aar-
<br />exbNace of s tldaah army oiler ddeaee of Borrower to acceleration mad �. If the breach h ant cored on a before The date ease"
<br />in the
<br />motics. Il seder N L.eader's opYom may dtechm a all of the sums secured by tide Deed of Tram to be ImnKdd an doe and payable at wNbo111 further
<br />deaMad tad may iavoht ds power of and uy other pertulmtd by nPlotim sle kw. ] *Oder shag be entitled to coiled all reasonable
<br />reed tmd ettpeaae iatarrad IN ppedag ds rsmtdks provided to this paragraph 19, including, but sot Batted to, reasonable attorasy's fees.
<br />K the power Of rk Is kvrked, TnOW record a notice of defeat" In tech county Is wbkh the Property or some part thereof In located
<br />Mail Nall mug Capin Of trek aotiss IN the essaner proscribed by I11w Io Borrower and to the other Prescribed by applicable
<br />is bu. O Alkr �e Lapse of sad a eery be ratulrrd by kw, Trustee shell give public nlik of ok to the
<br />is Ogg b SPPNW*k hw. Trtwee, wkhOrt damned oa Rorrotaev, strap x8 'be Pr inns and in the manner
<br />card plume ssd hider time krar property el P"& auction To The highest bidder at the time
<br />daTlpned hi eke Notice of � 10 a" or more parrde and In each order as I'renxt may determine. Trustee may
<br />ps %wen tie M an or t" paced of the Property by public musooaetntent al the lime and
<br />M
<br />Leeder's amp' pDo el sam de Property N My Matt (of any prerfoasly schedaled opt. Leader or
<br />UPON rssslN Of PRYEWN Of the price bid, Trustee " deliver to Ike purchaser Trustee's deed conveying ttre Property sold, The recitah In
<br />�— tits Tre e's deed s� be prime tack evid"em of nix truth of "It statements made therein. Trustee 9111111 apply The proveeds order: tee! To so reoraahk casts OW of the , )acl"r4. but not led to. Trustee's fees of not more Than f the sml� Is the
<br />of Me Mee tgk per, rani n"k Tmtonsey's firs NW rods of ofrk evid"ce; (bl to sit sums secured by this llted of Trost; and (c) the eseams, it
<br />mq, to On person or petswa kneft redded Thereto.
<br />It- 'f Right M Rdftftk. NOT withstandutg I- ruder "i accrlerarinn of tits sums sevuIed by this Ileed ,f 1- oast, florr„wrt .hull ha,c
<br />the right to have any proceedings began by Lender to enforce this fired of r gust if, wouttnued at any one prior to (tic rarliet to ,h, tr ,rf Ir) the
<br />(iTth 49V bufoxe the emir of the Property pursuant to the rutwer of safe con tatr+^ct in thin Ike) of Ttusu ,u (rat entry If a Turin mint rnfr•r, ing this
<br />L (.! 'true! its la) @kxrowtrc py lrmc4cr all Burro whlcb wvud +j Im (hoot ,hoc under this IhT;l of T,.,,r, (hr h „tr and n „ors secunna T nnnr
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