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106774
<br />.by this Decd 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 prods paid to Borrower.
<br />If the Property is abandoned by Borrower, 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 Loader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lander 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 1 and 2 hereof or change the amount of such installments.
<br />10. Derrowa Not Raiment. Extension of the time for payment or modification 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 to release, in any manner, the liability of the original Borrower and
<br />Borrower's successors in interest. Lahr 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 interest,
<br />11. FwMarasoe by Lender Net • Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall no 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. Remdlra CmmuWve. 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Stttxxs m and Ades Bound; Joint ad 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 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 tender 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 Leader'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. UsDorm Dad W Trust; Governing Lew; 5everabillty, This form of decd of trust combines uniform covenants for national use and
<br />[ton- 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 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 />lf. Dorrower'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. Tnadar of the Prop"; Anmpthm. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />E- without Leader'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 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 Lender shall
<br />request. If Lem 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 />1111. Asederadoe; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in thin Deed of Trust, Including the covenants to pay when due any sums secured by this tion
<br />AM sM notice to Borrower as provided in paragraph 114 bereof specifying: (1) the breach; (2) the action 4ildred to chore such breach; (3) a
<br />dud, sot but than 30 days frm the date of notice Is malld to Borrower, by which such bench must be cured; and (4) that failure to care such
<br />branch on or befw'e the dule specified In the notice may reed! is acceleration of the sums secured by this Deed of Trod and sale of the Property.
<br />The trod- stall fader hstorm Sorrewer of the ri& to relastak after acceleration and the right to bring a court action to assert the non-
<br />addeametuddm& or asp other deemm of Derrower to acceleration and sue. If the breach Is not cared on or before the date specified in the
<br />notice, Lttttder N f order's option my declared of the sum secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may hsvoke the power of sale and any other remedies permitted by applicable law. Lender shall be enti•.ied to collect ail reasonable
<br />coos and espwses latmed r p , tie reemm" provided in this paragraph 18, including, but cwt limited to. reasonable attorney's ten.
<br />U the power of side is Invoiced, Trade sbidl record a notice of default in each county In which the Property or some part thereof is located
<br />and AM mull copies of such notice in the umaer prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />hnr- After the lapse of such dome as my be required by appliabht law, Trustee shall give public notice of sale to the persons and to the manner
<br />P - , N e'by tnppin " law. Trail e, without demand on Borrower, shall sd the Property at public auction to the highest bidder at the time
<br />and place and andw the terns dedgmftd In the notice of sale In one or more parcels and In such order as Trustee may determine. Trustee may
<br />pthatpane eve of al or any pared of Uhe Property by public announcement at the time said place of any previously scheduled sale. Leader or
<br />11AWW's dedipm simmy paew" lbe Property at any side.
<br />Upes teedpt of payment of the price bit, Trustee " deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Truam'e dad sTW he prima tack evhiwtx of the truth of the statements made tberein. Trustee shall apply the proceeds of the sale in the
<br />full, whp order (a) to all rwasanhk eem and eapsaea of the sale, Including, but not limited to, Trustee's fen of not more than _ __ N1A _ __ °b
<br />of the areas sob price, tanotuMk adermy's fan and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (ch the excess, If
<br />any. to the pursue or persons badly end" di erete.
<br />19. Donewer s Rabe is Rune. Notwithstanding Lender's acceleration of the sums secured by this Deed < -I I'ru,t, Borrower shall hair r
<br />the right to have any proceedings begun by Leader to enforce this Deed of Trust discontinued at anv time prior to file earlier to occur of nil t h. .
<br />fifth day before the sale of the Property pursuant to the power of sate contained in this Deed of Trust or nil entrc of it iudgment enfof ma this
<br />Deed of Trust if: (a) Borrower pays Lender all stems which would he then due ender ihi, Ucetl of Tnsf, the 'v,.t. :v,d 71", '.1. ,nne l mane
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