87-- 104202
<br />by this Dated of Trust hamediately Dior to the date of taking bear* to the fair market value of the Property immediately prior to the date of
<br />taking, with the below of the pro(tleds paid to Borrower.
<br />If the Property is abandoned by Docrawer, or If, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />d" for damage, Wmwer fails to respond to Lender within 30 days after the date such notice Is mailed, leader is authorized to collect and
<br />apply the , at Lender's option, tither to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lewder and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the clue
<br />data of the monlbly Installments rofafed to in paragraphs I and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Reno wd. 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 stirs In interest, Lender shall no 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 Lacer Note Wives. 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 />tarts or other lleo 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. Bo=WM Cmmd tdve. All remedies provided in this Dated 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. Sworemmorta Mst Assigns Bewnd; Jon rani Several I.hbNlty; 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. 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. Nathx. Exempt for any notice required tinder applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Dead 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 Lander as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to L.ander'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 dammed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Udlei Dad of Trash GoveeMy lAvr. SeverapWty. 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 />Trot "I be governed by the hew of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trost 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 affect without the cotfllcting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />14. 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 tN Property; Aar mmisdos. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Lander'* 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 Trust to be immediately due and payable. Linde shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lander and the person to whom the Property is to be 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 Leander, Lender shall relent Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lander etertdaa such option to accelerate, Leader shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice stunt 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 />dale. 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 COVENANTS. )hprrower and Lender further covenant and agree as follows:
<br />I$. Ao dW$don; Risen". Exompt as pnmvisted In parwgrapb 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower In this Dead of Tram, laea&ag the covenants to pay when due any rem secured by this Deed of Trust, Lender prior to acceleration
<br />shah sail nudes to Borrower as point in pafograph lei hereof specifying: (1) the breach, (2) the action required to care such breach; (3) a
<br />elms, not ks thda 30 days frees the rase of modes la nudmst to Borrower, by which such breach must be cared; and (4) that failure to cure such
<br />breach as or before the daft mpmedled In the modem my result In acceleration of the sum secured by this Deed of Trust and sink of the Property.
<br />The aNkm AM fnasMr hfom Do owes of the eishot to reinstate after acceleration and the right to bring a court ruction to assert the son-
<br />anhoss do of a dlmhrt er tiny afhar deter of Borrower to acceleration and fie. If the breach Is out cured on or before the date specified In the
<br />nodes, Lender at Lender's option say elm A all of du mar Neatest by this Deed of Trust to be immediately due mad payable without further
<br />dmnwst Best soy hwWw dw power of sale sod any other rams" perndited by applicable law. Leader shall be entitled to collect all reasonable
<br />tow test eqamss hmtrnd IN Passed" the eeee 1 provided In this paragraph 18, Including, but not Baited to, reasonable attorney's fees.
<br />Ilf dw power of sale h hm*W, TrtWem dd scot a notice of default In each county In which the Property or some part thereof is located
<br />and d" small eopka of suck nodes In the sanaer prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. AEIer Use (*pain of moth them as nay be required by applicable caw, Trustee shall give public notice of sak to the persons and in the manner
<br />l lomi letl by offba ht caw. Ttuwm, wNiewt dommusi as Borrower, slag Bell the Property at public auction to the highest bidder at the time
<br />and pimmm and wager to Met(► imvlpwd in the modem of oak in am or sae pareek and In such order as Trustee may delandue. Trustee may
<br />pampoam foie of nd or nay pared of the Property by poW oam mwement at the time and place of any previously scheduled sate. Lender or
<br />Leoder's shmis a any It -- A-me the Property at My ink,
<br />Upon tisol/f of pwyasm of des prise hid, Trustee t" deliver to the purchaser Trustee's deed conveying the Property sold. The recitals In
<br />ft'f m" *A" 00 be prise hie ovisttwn of shin trout of the statements lade therein. Truslce shall apply the proceeds of the sate in the
<br />hBmrwag ovdsrs (a) N 0 —1 *6 Comm and nponm of The ale, Including, but not limited to, Trastee's fees of not more than ____. 3
<br />of dlk Yow elk hire, tnwmm" asuerwvy's hem and cow of due evidence, (b) to all suet secured Icy this IAnd of Trust; and W the exeeut, if
<br />my, in the pavan or persons MgaMy sledd W therein.
<br />H. 's Might to RehWno, Notwithstanding Lender's acceleration of the sutras secured by this lived of Trust, lieutowet shalt louse
<br />the right to have mny proceedings begun by Leader to enforce this Deed of'Irust discontinued at any lime prior to the eau het to mk tie of tit Itie
<br />fifth day befoli f the salt of the Property pursuant to the power of sale contained in thii decd of I ratit or iii) cuter of u iud;tment rntotc+na tar,
<br />tlod of Trues if: (a) arrraswer {nays Lender all sums which would tie then due undei this D i <d I "tu.1. 1110 14o1r all'i —w, te.,uinot I uIIII v
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