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<br />87- 10344;82
<br />by this Bled 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 Pre; arty is abardonul by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make hn award or settle a
<br />,;Win :err damages, Borrower fails to respond to Lender within 30 days after the date such nob" is mailed, Lender is authorized to collect and
<br />apply the proceeds. at Ltnter's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unleu 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 />18. Borrower Not Raknsed. Extension of the time for payment or modification of amortization of the slims secured by this Deed of Trust
<br />granted by Lerida 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 Lewin 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 rx 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 />Deed of Trust.
<br />12. Reredles Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dead of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Swomoms and Assigns Booed; 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, Ali 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 for in
<br />this Dad 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 i cader'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 W Trust; Governing Law; Seversibillity. 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 :ere law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trout or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust 0. 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 execution or
<br />after recordation hereof.
<br />17. Transfer of the Properly; 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 cf Trtsst, (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 />teuaat or (d) the grant of any lasebod 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 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 persmt 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 -a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared
<br />dire_ if Borrows fails to pay such stuns prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 19 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />Its. A-6ru -; Riesrdla. Faaept is provided In paragntpb 17 hereof, upon Borrower's birac ygy rparattf or agreement of
<br />Borrower in this Deed of Trout, iedWy the covenants to pay when dire any sums secured by this Deed t Trott; T:eteder prior to acceleration
<br />shall nrtr11 notice to Borrower r provided paragraph 14 hereof specifying: (1) the breach; (2) the tell" refptlrcd to are each breach; (3) s
<br />date, err kaa than 36 days trop the date of notkt Is mated to Borrower. by which such b. -each must be c"; sod (4) that failure to cure such
<br />. I on or before the date spurned to the antler any rash in acceleration of the sums secured by this Deed of Trust and sate of the Property.
<br />The notice Shall fwdw isf r Borrower of the fight to rdrtate after occeleradoes used the right to brlrtg f court action, fo assert he non -
<br />t zbkft a of a defrit or any other I F of Borrower to acceleration and ssle. if the breach is not curd on or before the date specified in the
<br />seeks, Leader at Lender's option may doclare at of the sun secured by this Deed of Trust to be Immediately due and payable without further
<br />demand and MY invoke the power of eke and any other remedies permitted by applicable taw. Lender shall be entitled to collect all reasonable
<br />tarts and expenses haeeread Is prrhrg the resacdi , provided in this paragraph ill, including, but not Limited to, reasonable attorar 's fees.
<br />U the power of use it (waked, Trustee a" record a notice of default in each county In which the Property or some part thereof is located
<br />and Shat 0108 eoplra of lib Roller Is the later prescribed by applies raw to Borrower and to the other person prescribed by applicable
<br />taw- Alter the 10par art fan rinse r fray be by applicable lass. Trustee shall give public notice of safe to the persons and in the manner
<br />ptaetH 4 by applicable lent. Trom e, wpblt demand on Borrower, sW sell the Property of public auction to the highest bidder at the time
<br />W Nan and sdar the errme designated In the awtiee of sale In one or more parcels and in such order as Trustee may determine. Trustee may
<br />Pri pose oak of all air eery immel of the Property by public saaousmmnt at the time and place of any previously scheduled sale. Lender or
<br />lwader's dasigoe nay parchom the Property at any Seek.
<br />Upas tarsipt of POYOON at the prior bM. Trtake shad deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />Me Trustee's dad shat be prime taste evidas of the trusts cq she statements made therein. Trustee shall 2pplY the proceeds of the sak in the
<br />tomewhtg order. (a) to all reasonable raats sed expenses of the sale, lies i"og, but not limited to, Trustee's fees of not more than _WA ?o
<br />61 #A;. pow sale prim. rcaSOeeiie teraraey's ter2 sad costs of title evldeace; (b) to 211 soon secured by this Deed of T m Pad ici the e.n sn, if
<br />tray. io Got person a perasns 108111! m~ thereto.
<br />10. Borrower's 111*1111 to Balsamic. Notwithstanding Lender's accetcrarwn of the sums secured by this Ihcd of I rant. Ilk), To— .ha+l hav,
<br />the right to have any proceedings begun by Lender to enforce this Deed of Truest dtscontinue'l at an. tint" fir "„r '•I the earlier :., ,+ ;:f „! tti :f;e
<br />fifth day before the sale of the Property pursuant to the power of We ;ontatnnl in this Detd a? I ru" _.. till entrc lit a 'tidgi n "!?t eut.,;.ctng a,,
<br />lived of Trust & (a) Borrower, pays Lender all stuns which would he then Juc unoe, chi. ft< d ,f t.,, 'hc — W .,o.? ,., _., t u: ;,
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