87... 10571
<br />by this Deed of Trust immediately prior to the date of taking heats 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 Borrower, or If. after nalice by Lender to Borrower that rho condemnor offers to make an award or settle a
<br />claim for damages. Borrower fails to respond to leader within 30 days after the date such notice is mailed, Leader is authorixed to collet and
<br />apply the proceeds. at lender's option, either to restoration or repair of the Property or to the sums cured by this Deed of Trust.
<br />Unless Leader 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 />lg, Berentrer Nei Ralnesd. Extension of the time for payment or modification of Amortization of the sums secured by this Deed of Trust
<br />granted by Lsmder to any successor in interest of Borrower shall sot operate to release, in any manner, the liability of the original Borrower stud
<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 Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in (surest,
<br />11. Forbearance by leader Not a Waiver. 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 />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 />Asap of Trust.
<br />12. Rome" Cumulative, All remedies provided in this Dead 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. Saceeoora toad Aasigsa Bowan ; Joint will Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Leader and Burrower, 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 convenisnee only and are not to be used to interpret or define the provisions hereof.
<br />14. Noder. Except for any notice required under applicable paw 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 Tram; Governing Law, Seversbtidty. 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 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 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 o€ 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 Deed 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, fender may, at fender'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 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 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 shall provide a period of not less than 30 days from the Gate 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 />It. Accdw*dm,, Ream". Fatcept us provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower In this Deed of Trod, including the covenants to pay when due say sum secured by this Deed of Trust, Leader prior to acceleration
<br />shall =oil modes to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />dots, am less list 30 days from the dots of notice Is exiled to Borrower, by wbkb sacs breach must be cared; and (4) that failure to tore suck
<br />hmeb on or before the dale spedfled in the notice my result In acceleration of The supus secured by this Deed of Trust and ask of The Properly.
<br />The soda sbaB furrier Reform Borrower of the ftM to reinstate after acceleration and On right to bring a court action to mmrt the sea-
<br />existence of a defsek or may osier defenos of Borrower to accelersdou sad sale. If the breach is not cared on or before the date specified in the
<br />nodes, Lender ni [wader's option may declare all of file suss secured by ibis Deed W Trust to be h ameddakly due and payable without further
<br />denoW ad may invehe The power of ode and my other remedies perokHd by applicsMe law. leader strati be entitled to colled all reasonable
<br />costs Mal mail i i i tonsured In pmrowl the tommdia provided In this ismagraimb 18, Including, but not Rolled to, rewonable attorney's tea.
<br />If lbe power of oak In Invoked, Truslse sdaB record a notice of default In each county Is which the Property tar some pact thereof Is located
<br />surd alall rani copies of such mike to the manner proscribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />has. Attar Me hyae of su rb time a am be required by applicable law, Trustee alms glve public motes of sale to the persons sad in the manner
<br />pommelled by appliable law. Trustee. wltfoud deemed am Borrower, slmB sell the Property at public auction to the highest bidder at the time
<br />mad plea+r and miler On hoar dedgnmW In cis notice of ale in one or more pwrols and In such order its Trustee may determine. Trustee may
<br />poopon ask M all or sty parse) of the Property by pabtic am ouncemeal of the doe and place of may previously scheduled sale. Loader or
<br />Leader's /eloper may platinum the Properly at may ode,
<br />Upon mindpol of psynusN of Or pater hid, Trustee strW deliver to the parehmer Trnstse's deed conveying the Property sold. T be recitals In
<br />L Me'fnome's Nod vW I* When leak "Man" of the truth of the statements made taroraln. Truitt @bell apply The proceeds of The ewe In the
<br />paler; (*)to pdi resmosiablecooft and exposure of the sale, Including. but not pled ta,'1'trostee't tees of not more than loo
<br />M the pun sale pike. attem"'@ It" will coMe of title ev(deace; (b) to all sums world by this hound of 'Trust; mad (ct the excess, If
<br />ay. to on perses p pension legally molded theme.
<br />it, 's to Nalaut@u, Notwithstanding Lenckr's acceleration of Nee sums secured by this lXvJ of I must, tlorrowey %hall have
<br />rho right to have any pto ceedinss hegun by fender to en /nice this Deed of 'trust discontinued at any time prior to the etarhet io o.,ur of iii the
<br />frftls clay hefore. the sale of the Property pursuant to the power of sale contained in this Deed of "Trust of eiil ewr y of it lodgment eoformig the,
<br />1 of From if: (a) Wotonrtr pmys !.ender all sums which would he then due under this Peed of I nzst, the !ante and note, enuring Lunar
<br />
|