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<br />87- 103123
<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 />charm for damages, Borrower fart to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply She Proceeds, at Lender's lion, either to restoration or repair of the Property or to the sums
<br />Union Lender and Borrower otherwise agree in writing, any such application of proceeds secured by this Deed of Trust,
<br />to principal shall not extend or postpone the due
<br />date of the monthly itut&UtrAats referred to in paragraphs I and 2 hereof or change the amount re
<br />Is. B of such installments.
<br />Orrr" Neel Bsf edsed. Extension of the time for payment or modification of amortization of the sums secured by this peed of Trust
<br />gcantOd by L WW to spy 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. fender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />Payment" otherwise modify amortization of the sums secured by this feed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's success"$ in interest.
<br />1l. FtObsOSONe by rwnder Not a Wdver- Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shofl era be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />wua or other liens "charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />"' nemBmNuC4mEMdve. All remedies Provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust "afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13, SurcloMn sad Milos BoOOd: Jofdt add Several! Liability; Cannons. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of fender and Borrower, subject to the provisions of paragraph 17
<br />Inefeof. 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. NMfce• Except for any notice required under applicable law lobe 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 certifies) 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 fender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such other address as I..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 />13. Uuiforn Deed of Trust; Ger"uip taw; SevenbWty. This form of deed of trust combines uniform covenants for national use and
<br />eon- 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 peed of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Decd of Trust or the N
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared be
<br />ro be ote which can severable.
<br />16, Borrower's COPY. Borrower shall be furnished a conformed co ,f the Note and of this Decd of Trust at the time of execution or
<br />after recordation hereof. PY
<br />17. Traaf" Of Be
<br />without Pr"MY; AeNnPtiod' If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />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 leetehoid 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 peed of Trust to be unmediutely due and Payable. Lender shall have waived such option to accelerate if,
<br />Per" to the sale or transfer, Lender and the person to whom the Property is to he 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 under 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 m period of not less than 30 days from the date the notice ra mailed within which Borrower may pay the sums declared
<br />dire. If Borrower falls to pay such sutra 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 wvrnam and agree as follows:
<br />!g. Acc*krnti O; ReMedin. EacePt n provided to pasignpb v hereof.
<br />Borrow" In Ibis pled of Trust, upon Borrower', breach of any covenant or agreement of
<br />skaa and $stet to Borrotnr ri�� 'be covengts to PAY wbee due may sums secured by this peed of Trust. leader prior to acceleration
<br />00 less tfW 30 days from �� Poe is n 14 hereof 0 Bo Borrower, (t) the breach; (21 the action required to care such breach; (3) a
<br />brSue « Mk dalke b mdBtd to Borrower, by which Such breach Most be cored; and (4) that failure to cure such
<br />Tb" _ Mselfled In the Outlet may rvmll In Scctleradoa of the sates secured by tMs teed of Trust sod sak of the Property. before
<br />eblsdee kv Born Borrower of the rdgbl to refrtale after aceeleentoe and the right to bring a court xenon to Its"" the non-
<br />dT OMW defesoe of Borrower to ketkfatiaa and sale. If the breach is not cured on "before the date specified In the
<br />' 1 OOH dt ladder's MMad any dschus ON of the gums secured by t� Deed of Trust to be Immediately due and pay abk without further
<br />dndM/ MII a" Invoke Me Pow" N tale nod any other rtme s permitted by applicable is". Lead",buil bt entitled to collect all reasons
<br />ak
<br />to W a/ esPeOSn tOeOSrsd In l the MMetln Provided In this paragraph 18, Including, but not RaMled to, reasonable atdoroey's fens.
<br />11 the ( Sow" Of mk k InsOksd. Try � �� a notice of dd&Wi in tech county in which the Property Ora"" pats Iptreof M located
<br />sold it" no eOpbn of Such nonce In fight =OR*" PrIlOr"I ed by appBdbk law to It
<br />ad to the orb" Persons Part Ise by applicable
<br />�' Mier Ne l4ss Of sOeb � N my be required by applicable law. Trustee 9toB giro public notice of sale to the sous and In the MOOUee
<br />fluid pMed by O/Paydo �' Trion, whIN the NO** on Borrower, shah sell the Property at public auction to the highest bidder at the amt
<br />mw PMst od tsttd" Be prlOS eleslgdOpd In ere oaOtn o! � In our or more
<br />Ma4stas eels M ON of -Y pound of Bt P&rceh aN In such order as Trustee may dekrrolae. Trustee may
<br />h.a� my �e We PrOI"a by . anaOOScews, at Ire lase and place of any previously scheduled sak. Lender or
<br />Pn/e'4 ui SuY ak.
<br />llpeO retelpt Of PSYMON of die Pike bild. Trustee ithan deliver to the purchaser Trustee's dead conveying the Property add. 'the "Isis in
<br />FO Trtswef thaw era be poem b, evldeda err She truth of the Statements Made therein. Trustee sbofd apply tae proceeds err the seek In the
<br />fOaONOt Of fsl a aB reoouObkcsep zed eapnon of die rile, IOfInNag, but oat gMhed ""'Trustee's fees of not man than _._ ? _ ev
<br />a", M Mr pOrsSu st vSuSO beat y evokly s rte o. cusp of title evidence; (b) to off suns secured by this teed of Trust; and (c) the exresx, If
<br />ar���� prreOOS lspMY sdtidel tbsrstO.
<br />e11' Barw�R't FAIM rO Rsrtwa. Notwithxtanding [.elder's acceleration of the sums secured by this Ikrd of drug, &.,rrnwer shall have
<br />the right it) have any proceedings begun by I.. ender to enforce this Deed of Must disconrfnunl at any prat• Pour to ter earlier t„ ocruo nl oil ter
<br />Doo day before she Solt of the Property pursuant to the Power of sale —mairsed m this Ihcd o1 Trusi or Ui) rntrc of ;r lodgment eerier mg tern
<br />1?sed od Trust it fR) Btgtower days Lendq all Hums which woeild ix then due under ihr, 1)"d of Ierr.!. the Near an I nnie+ ,rt unnx ilnnrr
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