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87- 1053"41
<br />by this Dosed 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 grower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds. at Leader's option, either to restoration or repair of the Property or to the sutras secured by this Reed of Trust.
<br />Unless 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 />10. Borrower Not RdwAod. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Lesuho 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 Deal of Trust by reason of any demand made by the original Borrower
<br />and borrower's successors in interest.
<br />11. Forbearance by Leader Not a Waiver. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, doll 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 or 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. Resedho Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dosed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Soceseere sad Andi a Bound; Jo het and Several LahiBty; 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 Knower 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. Node*. 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 [nailing 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 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 />13. UoWw= Deed of "Frost; Governing Law; SeverabYlq. 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 the law of the jurisdiction in which the Property is located_ In the event that any provision or clause of this Dees! of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Decd 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. 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. Truer of the Property; Aasnaptlea. 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 alien or encumbrance subordinate to this feed 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. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, tender 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 he at such rate as Lender shall
<br />request. It 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 slot) provide a period of not less than 34 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, Leader 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 covenant and agree as follows:
<br />18. Acceleration; Remedies. FAoepl as provided in perognph 17 bereof, arm Borrower's breach of any covenant or agreement of
<br />Borrower in this feed of Trust. Including the covenants to pay when due troy ear recared by this Deed of Trust, Leader prior to acceleration
<br />MA aerate N Borrower sat Pig d is paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a
<br />dtho, set him than 30 days fees= the dolle of notice Is mailed to Borrower, by which such In mat be cared; and (4) that failure to care such
<br />beach no or before the Mte pteAll to the under may reads In acceleration of the sons secured by this Deed of Trust sad sae of the Property.
<br />The auetoe shag turdwr haws Burrower of arc rW to reinstate after acceleration and the right to bring a coast action town" the man-
<br />etWanee of • defooll w aq oTher defesa of Borrower to accdendion and sale. If The breach In not cared on or before the date speclfkd to the
<br />n , I lender at Leader's option soy tease all of the same secured by dide Dud of Trod to be immediately due amil payer witbout further
<br />demand and wry hivolsr the power of ode cad my other remedies putted by aVAcAk law. Leader shall be entitled to collect all reasonable
<br />echo mad espans lacusred le pasuag the rssneMs provided in this paragraph 18, Including, but sot Belted to. reasonable attttney's fees.
<br />R The power of We Is Invoked, Trustee AM record a notice of dehuh In cash county in which the Property or some part thereof is located
<br />and sMB wall copies of scb thattioe is the rWnlr proscribed by applicable aw to Borrower and to the other persons prescribed by applic"
<br />law. the bps of each dw sa iny be required by applicable law. Trustee OwN give polsk notice of sale to the persons sod in the manner
<br />P by trI N, As caw. Tree, rriftsst dcswd on Borrower, doll sall the Property at public auction to the highest bidder at the time
<br />and pbs and under the terms designated In The notice of ask In ate or more parents and Is such order as Trustee may determine. Trustee may
<br />pn*os soda of all w any pared of tee Propesty by public onaeowgmem at The shoe and piece of oy previously scheduled ak. Leader Of
<br />L-der's dedp a AM pueMae The Property IN may side.
<br />vpan e-* of puyse w of the prior bid, Trudee shall delver to ate purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Traeu's deed slesill be prise fade evidence of the with of the statimumes, made dismiss. Trustee ale" apply the proceeds of the sale in she
<br />following order: (al M ad reasonable eon cad espouses of the ask. Including, but echo Naked to. Trustee's fee of not more Than _ _. 3 _ %
<br />of Ne 0 so air pries, reasonable oeewney's her and costa of tide eve: W To all wmm secured by This DeA of Trust; and (c) she riterm, if
<br />ashy. to the 0 1 at (sows kowly nodded tmarto.
<br />19. 's Rd(gYt to Reinstate. Notwithstanding Leader's acceleration of the suns scoured by this Decd of 1'tust. liwriowrt shall have
<br />the ,t to have adty pr ,s basun by I. codcr ill enlotce this Deed of Trust discontinued at any time prior to the Bather Ito t% :cta of (i) the
<br />fifth day isefcwe the safe of the ptoperil petrenarn to the powet of sak c—otamed tit this Deed of Tl'ust m ill) clitty of a jltdit llCnl Colortlillt (ho
<br />flow 'A Irw 4 (a) 5mrower tsshys Lend" all stems which would he !turn due under thin rent of Trust, the Notr -wd n„t; cettislnti 1:1001C
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