|
by this Deed of Tnmst 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 ligglaw of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower Ibat the condemnor offers to make an award or settle a
<br />claim for damiggiliat, Borrower fails to respond to Laendar within 30 days after Ilia date such notice is mailed, Leader is authorized to collect and
<br />ggistilly the proceigh, at 's option, eltlwsr to restoration or repair of the Property or to the sums muted by this Deed of Trust.
<br />Unlagn Lender and Borrower otborwhe agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />dam of the isingsthly referred to in paragraphs 1 atnl 2 hereof or change the amount of such installments.
<br />I& No ewer Nat ll l I Extension of the time for payment or modification of amortization of the sums secured by this Doed of Trust
<br />sraggerel by Lender to any succesm in ialtiand of Borrower shall not operate to release. in any manner, the liability of the original Borrower and
<br />'s in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise asedify amortization of the sums muted by this Deed of Trust by reason of any demand made by the original Borrower
<br />MA 's successors in interest.
<br />11. Ferbewass by Leader Not • Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />byrappilloslab law, shag nor boa waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />texts or other diets or charges by Lender shall) not be a waiver of Lender's right to accelerate the maturity o' the indebtedness secured by this
<br />Deed of Trust,
<br />13. l>tamaedbe Cumulative. All randier provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Secomem and Anim 0ouu A. JWM and Several Liability, Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder sW 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 convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Nodes. 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 tender 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 />15. UnKerma Dad of Trust; Gevssahg Law; Sevenbli ty. 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 />Tent 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 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. goerease'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. Tram of tie Prepsety; Aspurptiom. 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 Trout 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 person is satisfactory to Leader and that the interest payable on the sums secured by this Decd 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 Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice stall 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 COVENANT'S. Borrower and Lender further covenant and agree as follows:
<br />li. AoodaeWar, thaadies. Fae+pt as provided In paregrapb 17 hereof, upon Borrower's breach of any covenant or agreemeal of
<br />Boeones Its fiis Dead of Trust, hieliefting she covestants to pay when due any sum secured by this Decd of Trust, Lender prior to acceleration
<br />dtrB aai stiles to DNe eon as providing Is paragryY 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />dale, maim than 3f dope fro! tie dale of stetiee been" to Borrower, by which such breach mast be cured; and (4) that failure to cure such
<br />bsaaeb m or b ils On tide spedfai In glue notice my result in acceleration of the sums secured by this Decd of Trust and ask of the Property.
<br />Tie nellee siM boding kderas No own of ile dgkt to rsiasgtte after acceleration mad the right to bring a court action to Nostril the non -
<br />cdom M a 1s1ea1[ or Into odlw d I of Borrower to acctbraion and sale. If the breach Is not cured on or before the date specified In the
<br />angles, Lender at l.sndw's option a" dsdare all of the saps secured by this Deed of Trust to be immediately due and payable without WOW
<br />dusted and near hsvehe ale power of ere mad may other resreNa W-Asitted by applicable law. Leader skati be entitled to collect all reasonable
<br />page aed oaI essse hsetsned In patmwiap< the me=mNn provided In this paragreph 18, including, but not ltmited to, reasonable attorney's few.
<br />N dw pmww of nb b hnebd, Tr mft nerd record a notice of default in each county in which the Property or some pearl thereof Is located
<br />ad sbaB mill ompbn of lath Mgles I• Me nom w pract'Ded by applicable how to Borrower and to (be other persons prescribed by applicable
<br />law. After lie tyee of anti tins as may be npdeed by applicable bow, Trustee shall give public notice of sale to the persons and In the manner
<br />prasoft I by apI— I I law. Titanium, wlgltoat dowmW on Borrower, shag sell the Property at paw auction to the bighemt Miller of the time
<br />and phase and under On Mme deslpalsd in cis notice of sale M one or more parcels and to such ord" as Trustee rest determine. Trustee may
<br />ppigiese ale of of or an pound of ale Frope ty by polik announctWEnt at the time and piece of any previously scheduled sale. Leder or
<br />Laedar'm dedpae matt' l dio Froggerit, at My age.
<br />Ups fstrpl Of PafmnN N Me prier bid. Tn s *M§ deNver to the purchaser Traslee's deted conveying The Properly sold. f'Ye recitals to
<br />L 'WfuWWs ttbaB Ina VMS fade etvtieenee d Utt We* of Ilse Ware tbertle. Trustee shall apply the proceeds of Ike sale in the
<br />nNsr (a) N ei1 epsemeI I teal od to mvm of dw Ind t, Including. but not limited to, Trusrtr's it" of not more then _ 3 __ .N
<br />st 0* Brute alb poses rameemY.I oftw"'s lea nd cosh of thk evWgingre; (b) to till sum secured by Ibis fh^td of Trost; and (c) Ike excess, If
<br />sop. a alt Versus or parser ktpNy sWdtisd dwoo.
<br />H. 's 1Mpm M Refteggaile, Notwithstanding I.endet's acctlerat lam of the kums wcit red by t h i % th•cd c,f [rust, 9u rntu cr +ill ll it t
<br />the r*M to have any proceedings begun by Leader to enforce this Deed of Trust discontinued at env 11 file Ill iot to cite cdI lfer it " - itI of f f) ,hr
<br />fifth day before the wk of the Property pursuant to the power of says cor,tiarwd in Ihis )riled ni I rim .v Ili) ritIry n1 o iuda ill cm rnlonina thaw
<br />Dead of Tried if: (a) Nwt~ pays Lander all sums which would be Ihen due under Ihta llkwd „t I rn.L ,)w Note a is, I ,t,ar� .rcnnnc 1 ut,ne
<br />
|