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7 10568
<br />by this of Trust im ely prior to the date of taking bears to the fair marke imm
<br />t value of the Property ediattsiy prior to t date of
<br />taking, with the balance of the proceeds paid to Borrower,
<br />If the Property is aborsdoacei by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to make an award or mettle a
<br />chin for , Btxeower fails to respond to hander within 30 days after the date such notice is mailed, fender is authorised to colt and
<br />apply the , at . 's option. dtl� to restoration or r of the Property or to the sums secured by this Deed of Trust.
<br />Unless and Borrower otherwisse agree In writing, any such application of proceeds o principal shall runt extend or postpone the duo
<br />data of the mombly installrtantis referred to in paragraphs i and 2 hereof or change the amount of such Installments.
<br />114. Barroom Not RW MW. Extension of the time for payment or modification of amortization oaf the sums secured by thjs of Trust
<br />by Leader to any succlusior in interact of Borrower ,ball not waste to rely, in any manner, the liability of the original Borrower and
<br />flocrower's successors in interest. leader shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payments or otherwise mortify amortization of the sums sacurad by this Deed of Trust by reason of any demssW Made, by the original Borrower
<br />and 's successors in interest.
<br />11. Forlustromby Lender Not a Waiver. Any forbearance by Lender in exorcising any right or remedy dy hereunder, or otherwise afforded
<br />by 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 />tastes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity o the indebtedness secured by this
<br />Desert of Trust.
<br />12. Remedies Comdsdve. Ali remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dead of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. llnteeeeees heal Amftm Bash; ,/efst and Several Liability; Cepdoss. The covenants and agreements herein contained shall bind, end
<br />the rights hereunder shall inure to, the respective successors and assigns of fender 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 Diced of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Nogg. 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 Leader when given in the manner designated herein.
<br />IS. Units Dad ad Tried; Goverving Law; SntnaMSty. This form of decd 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 iced of
<br />Trust or the Noe 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. 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 Properly; Asusptkm. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Under'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 tran %fet by devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the great of any kasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the stuns secured by this Deed of Trust to be immediately due and payable. fender shall have waived such option to accelerate if.
<br />prior to the sale or transfer, Leader 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 Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Noe.
<br />If Lender 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 />10. ; ReweNa. Except us provided in prsgropli 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower M dda Deed of Trust, the covenants to pay when due any some se is d by ibis Deed of Trust, Lender prior to n
<br />doll mall sedee to Borrower as provided in paengeupb 14 Israel specifying: (1) the brestb; (2) the action required to cure such breach; (3) ■
<br />dab, am lac dent 30 days from due date of Dedce Is nailed to Borrower, by wMch such breath must be curd; and (4) that fare to cue assets
<br />branch on or before ile tie specified is die notice my result is acceleration of the same sectored by this Deed of Trust sod u of the Property.
<br />Mile no" absB further hdorm Borrower of the rW to reiWate ottee scceterstlou and the right to bring a coon action to nwerl the son-
<br />existence of a default or my other defore of Borrower to accolisrsden uld stale. If the breach is no cured on or before the duke specified in the
<br />t i d, I, !area sl Lo der's option may dame AN of the sty secured by Mis Dead of Triad to be immcdhokly due and paysbk wittiest further
<br />dommullInd ow h velre the power of wade and stay otfra eetne ill permitted by nppgesbk low. Leader eMB be tatted to collect all rawssble
<br />coser and exp umn boom d In penning the retnedin provided I■ Ibis paragraph 18, lacloNoli, but not limited lo, reasonable att erssey's fees.
<br />It the power of ask Is Involved, Tender, diall record a ratite of defsuk in each county In wbkb the Property or some part thereof is leered
<br />anti 9M gang copies of am& guidee In the manner prescrfbd by applicable low to Borrower sad to Use other pereoM proscribed by applicable
<br />low. Mint the bps of such dime as may be rootilleed by applicable law, Trustee tBsll give public notice of sale to the persons sad is the me""
<br />praarfbstf by rI Iffit 'Is law. True, without dew on Borrower, slmtl sell the Property at public auction to We highest Wide r at the time
<br />sad pies and ender the teros daatpsted In the Define of ode In one or mote panels and In sock order as Trustee may determine. Trustee may
<br />postpone trbe of all or any pored of der Property by politic anousume aseet of the doe nod pate of any previously scheduled ask. Leader or
<br />ILeoider's may peels due Property a any mbe.
<br />Upon nudge of payment of the pits bid, True aluill deliver to the purchow Trudn's dead conveying the Properly mom. The reeltele is
<br />she Taeelee's bad sling be prima face evidence of tM truth of the statements made Ibereba. Trustee elsaN apply tie proceeds of the sale In Ike
<br />fsg&wftordm (W IS ON toW and expsssa of the u. IndlrWsg, but not dntited to, Trustee's fans of not more (ban ____j ._ _._ ._%
<br />of On (gram We price. reasonable Nto nwy's fees and toes of tide erldemtet (b) to sit son stared by tbk urea or Trust; mad (r) the excess. If
<br />any, to do pos or pee••ro i SWIV erudded thereto.
<br />10. 's RW to Reimak. Notwithstanding Lender's acceleration of the %urns secured by this Dear! of T) ust, harrower %hall have
<br />the right to hove any proceedings begun by Lenda ter enforce this Deed of Trutt discontinued at any time prior to the earlier to incur of (I) 1 he
<br />fifth day before the sk of the Property pursuant to the power of sak contained in this Deed of frost or (ii) entry Ma ,judgment enforcing this
<br />Dndl of Trust If: (a) Borrower pays Under all sums which would be then due under this Deed of Irust, lire Nate and mite% securing I`unere
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