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zi.,o 106615
<br />by this Deed of Trost Immediately prior to the date of taking bears to the fair market value of the Property imrnctiiatcly prior to the date of
<br />taking, with the balance of the pro mods paid to Borrower.
<br />11 the Property is abandoned by Borrower, or if, after notice by Lender to Harrower that the condemnor offers to make an award or settle a
<br />claim for demaggin, Borrower falls to respond to Lender within 30 bays after the date such notice is mailed, Lender is authotimil to collect and
<br />apply the proceeds. at 's option, either to rmttuation or repair of the Property or to the sums secured by this fwd of Trust.
<br />Unless Lender and Borrower otherwise epees in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />data of the (monthly ingrialliarnis referred to in paragraphs 1 and z hereof or change the amount of such installments.
<br />to. tarranaK Not suet, Extension of the time for payment or m oditleatitm of amortization of the sutras secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate go release, In any manner, the liability of the original Borrower stet
<br />Borrower's successors in interest. Imider shall not to required to commence proceedings again#( such successor or refuse to extend time for
<br />payment or otherwise modify amonization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower
<br />and Borrower's succossorts in interest,
<br />11. lPorioaswe by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwisc afforded
<br />by applicable tow, shall tot 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 Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Decd of Trust.
<br />12. Restudles Coamilad". 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. Succo mera rend Amlips llottwt; Joint aM Several IAaMdty; Cepttow. 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. 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 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 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 />15. Uniform Deed of Trust; Governing Law; Severabillty. This form of deed of trust combines uniform covenants for national use and
<br />Iron- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Aced 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 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 teed of Trust and the Note are declared to be severable.
<br />li, 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 Property; 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 Deal of Trust, (b) the creation of
<br />a purchase motley 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, Lender 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 fender 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 Leader 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 />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 COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />ltd. Acceleration; Reem". Except in provided In paregrwpM 17 hereof, spun Borrower's breach of any covenant or agrttesal of
<br />Borrower In this Deed of Treat, lat"ag the covesawn to pay when dire tray wear mewed by this Deed of Trust, Lender prior to acceleration
<br />shall mO notice to Borrower as provlMd in paragraph 14 bereof specifying: (1) the breach; (2) the action requited to curt such breach; (3) s
<br />date, out has (dims 30 drays from the dale of notice In mailed to Borrower, by which each breach must be cured; and (4) that failure to cuts each
<br />brsadt on or before the date specified In the notice may result he acceleration of the sum secured by this Deed of Trost and sak of the Property.
<br />The notice shoill further Inform Borrower of the d& to reinstate after acceleration sad The right to bring a court action to »ten the eon.
<br />otdNna of a alefsWt or any other defense of Borrower to acceleration :.ti sic. If the breach is not cured an or before the date specified is the
<br />suillm, Lender at Lender's option cry doctors all of the wars secured by thle Deed of Trust to be Immediately due and payable without farther
<br />deem/ sod my Invoke the power of ode dud any other remsNa permitted by applicable tow. Leader sW be endOW to collect all reasonable
<br />cosec tend aspenses Internist In pusull" the two provided in this paragraph IS, lecladl", but not limited to, reasonable ettoruey's fees.
<br />If the power of tell Is Invoked, Tr+ -leer shad record a notice of deft is each county In which the Property or some put thereof Is located
<br />and AM mall copies of web notice In Ilse eau# prescribed by applicable tow to Borrower and to the other persons prescribed by applicable
<br />tow. After the Ipse of each Chas in way be requited by applicable tow, Trustee sW give pubic notice of rate to the persons and In Ike canner
<br />prescr*W by apBgble tow. Trustee, without demand on Borrower, aMB sell the Property at public auction to the highest bidder at the time
<br />WA place mat under the Sorms designated In the notice of mit In am or more parcels amt in such order as Truss" may detertuioe. Trustee may
<br />postpone asks of all or My pacel of the Property by po k sraonncemset of the done rod place of any pm1ously scheduled aide. Lender or
<br />ms's dusigme eery purchase she Prop" of my ode.
<br />Upon receipt of payment of the price hid, Trustee shall deriver to the purchaser Trustee's deed conveying the Property sold. The recitaM In
<br />Ifis'Tinsin's Mad dM be prInon fade tOOm of rue troth of the ftsm su eaM tYersin. Trustee dead apply Ike proceeds of the sage to the
<br />oNtr: (s) ta aB reaarwbie caw ast eapows of eke sale, horhmbm, but dot Bmfisd to, Trustee's reed or sal mere than -U- .._ %
<br />of tie grad ark price, rensmnft attoresy'o tons red costs of tight, evidence; (b) to all went steered by tick Deed of Trust; and (c) the excess. it
<br />ray. ta ire person or person leioMy, eadded hereto.
<br />14. Borrower's FJ& to Ndtstate. Notwithstanding Lender's acceleration of the sums secured by iii, Deed of l m,l. Hot rose( ,hall lime
<br />the right to have any proceedings begun by Lcneter to enforce this Deaf of 'l tust discommued at anv time gttror to the eatldet t., o.+ ter tit f;i the
<br />fifth day before the sole of the Ptopetty pursuant to the power of sale contained in this Decd of l rust art hill emu v of it iudgmew rnforcins the%
<br />f of Trust if: la) fittttower pays fender all sums which would he theft due under thte teeed of Trust, thr Noic kind nose, tecutiny I utute
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