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87.... 164152
<br />by this Dtsd 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 />Wring, with the balance of the proceed paid to Borrower.
<br />if the Property (a abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />ehdm for damaps+ Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />a" the prooaedt, at Leder's option, either to restoration or repair of the Property or to the sutras secured by this Deed of Trust.
<br />Ualaa Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shalt 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 />H. am own Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Dead of Trust
<br />granted by Lanier to any successor in interest of Borrower shall not operate to relax, in any manner, the liability of the original Borrower and
<br />Borrower's sucomors in interest. lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortintion of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />sad Barower's successes in interest.
<br />11. Forbsers see ti leader Not a Weiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shop not be a waiver of or preclude the exercise of any such right or remedy. The procurerr ent of insurance or the payment of
<br />taxes or other Ikea or charges by Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />IL Resit silts aemu native. 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. Suisesese s and Assigns Road; joint and Several Liability; Captious, 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 />bere if. All covenants aril 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. Noises. Except for any notice required tinder 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 mailitt; 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 Leader as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Leader's address elated hereln 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 />1!. Ushren Dad of Tread GOvefni{ IlAw; Severali ft. This form of dad of trust combines uniform covenants for national use and
<br />non- utaifem coveAats with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust tdall be governed by the law of tie 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 b' se. +arable.
<br />1f. RMpwer'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 />afar recordation bersof.
<br />17. '1yIfw w as Peel srty; Assumption. If all or any put of the Property or an interest therein is sold or transferred by Borrower
<br />without [vender's prior written consent, excluding (a) the oration of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a
<br />purchase mousy security intereot for household appliances. (c) a transfer by devise, descent or by operation of taw upon the death of a joint
<br />resat
<br />or (d) the great of any tousbold Internet of three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the swat 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 ask 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 />catch person is astitfactay to Lender and that the interest payable on the sums secured by this Deed of Trust shall be et such rate as Lender shall
<br />Maw. If Lander has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption slgr@08mt accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If leader exercieea such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. a
<br />Such notice shW 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 fait to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any rmnedia permitted by paragraph IS hereof.
<br />NON- UNIPORM COVENANTS. Borrower and Leader further covenant and agree as follows:
<br />I& AoaNrstlost Reew". ExcW an provided in paragraph 17 hereof, upon Borrower's brash of say covenant or agreement of
<br />Musremu In this Dead of Trust. h cledi tg this covesab to pay wbes due any seam secured by this Deed of Trust, Leader prior to acceleration
<br />teal 00 sotlI to 30 on" a prevldsi in paragraph 14 hereof spedfYig: (1) the brash: (2) the action required to cure such breach; (3) a
<br />deft, not hiss dean 36 days from the dale of Notice In aged to Borrower. by which each breech meat be cured: and (4) that failure to cure such
<br />isuseb on or before tie dab is 1111 in the notice may rss It In weeknitioe of the sums warted by this Deed of Trust and ask of the Property.
<br />TM me" AM festiar hdorm BWMwer of an rW4 to reniete after acceleration and the right to bring a court action to am" the non-
<br />tttlalsneis of a &ducat or Wr other dtifrnsse of Borrower to sctelersUon sad ask. if the breach Is not cured on or before the date specified in the
<br />allee, IwMer at l,tdsr's epMon cop deeare d of the rases secured by thin Doed of Trust to be Immediately due and payable without further
<br />&= and ad may hvubs this power of tale and an otter ramedim purdttd by applicable law. Leader shad be entitled to collect all reasonable
<br />coda and rttepeasm httt:o ht pasah>t the u a asm provided to this paragraph 18, Including, but not limited to, rasoustbk attorney's fees.
<br />III pia peter of sak is fevohei, Tresses *0 record a notice of default In each county In which the Property or some part thereof is located
<br />and sit *0 cgktt of oweb modest in this aster praathd by applicable law to Borrower and to the other persons prescribed by applicable
<br />later. After do toss of each tie as may be rispuired by applicable low, Trustee shall give public notice of sale to the persons and in the manner
<br />pnssistha'by applicable law. Trustee, without demand on Borrower, shag sell the Property at public auction to the highest bidder at the time
<br />no picas and under dais httssa dmfpfaspd to the no" of sale is one or more parcels sad he such order as Trustee may determine. Trustee may
<br />postpone fists of nB or any lewd of the Property by public mmouncemnt at the floe and place of any previously scheduled sale. Loader or
<br />Ganda'a thnignse may pseehssis due Property at easy ado.
<br />Upon ratto'I of paygeM of the peter bid, Tttabs shall deMver to the purchaser Trssta's decd conveying the Property sold. The recitals in
<br />dais TruMao's MN shall be prim feet Oven of the truth of the statemnb mode therein. Tree shall apply the proceeds of the sale to the
<br />fege ufag gdar; ter) N d rsusenabk eeWsea/ eapstret of the min. laciuotueg, bet not bdead to. Trustee's fees of act more than _ 3_. _ r'1
<br />M eat gross isle piker, rusessble auorey's fm and cow of tilk evidence; (b) to an term secured by this Deed of Trust: and cc i the esx ass, If
<br />airy, t4 ths parses or parsetr � ata�isd tittrist ®.
<br />H. gorro*K's gtgism . Notwithstanding Lender's acceleration of the sum-, secured try this, geed rat l'rusl, Ilurr,.Ner shsril have
<br />Ilse right to have any proceedings begun by Lender to enforce this Dml of Truer discontinued at anv time lsri,ar t,, !he carlier to +,c,w ,,t to the
<br />fifth day Infuse the Wk of the Property pursuant to the power of %alit conimned in this Deed of Trust ,.r im enir� .±t :a iu,tatnew rur,•,, +raga this
<br />Dived of Trust if: (a) borrower pays IAMdet all sums which would be then flue under rhos Dmi of Trust. five Nate ;send nole, .0 lumen I urine
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